IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5512/2018 BETWEEN:
R.Harini D/o.N.Ravindra, Aged about 33 years, R/at.No.33/1-2, Pillappa Garden, Nrupathunga Road, Bhattarahalli, Bengaluru – 560 049 ... Petitioner (By Sri.Manjunatha.B.K, Advocate) AND:
1. The State of Karnataka By Station House Officer, K.R.Puram Police Station, Bengaluru – 560 036 2. Ravi V.Patel S/o. Late P.M.Vasanthkumar, Aged about 38 years, R/at No.54, Lalbhag Road, Orient Power Press Compound, Near Subbaiah Circle, Bengaluru – 560 027 ... Respondents (By Sri.S.Rachaiah, HCGP for R1; Sri.P.Chidananda, Advocate for R2) This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the charge sheet in C.C.No.54663/2018, filed in Crime No.2/2016, dated 26.05.2018, on the file of the Hon’ble X Additional Chief Metropolitan Magistrate, Mayo Hall at Bengaluru at Annexure – A and etc., This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Learned Government Advocate accepts notice for respondent No.1-State.
2. Petitioner who has filed complaint in C.C.No.54663/2018 (arising out of Crime No.2/2016) registered for the offences punishable under Sections 498A and 149 of IPC read with Section 3 & 4 of the Dowry Prohibition Act, 1961, which is pending on the file of X Additional Chief Metropolitan Magistrate, Mayo Hall at Bengaluru, is before this Court seeking for quashing of said proceedings.
3. Marriage between second respondent and petitioner came to be solemnised on 02.06.2010 and on account of certain disputes having arisen between them, resulted in second respondent filing a petition for dissolution of the marriage in M.C.No.5416/2015. Said proceedings got concluded by judgment and decree dated 14.02.2018, whereunder jurisdictional Family Court has accepted the mediation report and has granted a decree of divorce and marriage registered before the Registrar of Marriages, Chamarajpet, Bengaluru on 29.09.2010 came to be dissolved as agreed to under the memorandum of settlement filed before the Family Court under which the respondent therein i.e., petitioner herein has also agreed to withdraw the complaint lodged by her against petitioner. Hence, she has filed the present petition for quashing of the proceedings pending in C.C.No.54663/2018 (arising out of the Crime No.2/2016), which is offshoot of the complaint filed by the petitioner against the second respondent for the offences punishable under Sections 498A and 149 of IPC read with Section 3 & 4 of the Dowry Prohibition Act, 1961.
4. Petitioner has reiterated the terms agreed under the memorandum of settlement arrived at between the parties before the Mediation Centre. Petitioner herself being the complainant and she having sought for quashing of the proceedings and learned counsel appearing for second respondent also admitting this fact, this Court is of the considered view that continuation of proceedings in C.C.No.54663/2018 would be onerous and would not sub-serve the ends of justice nor it would lead to conviction of the accused person particularly in the background of petitioner- complainant herself withdrawing allegations made against the second respondent in her complaint.
Hence, I proceed to pass the following:
ORDER (1) Criminal petition is hereby allowed.
(2) Proceedings pending against second respondent in C.C.No.54663/2018 (Crime No.2/2016) on the file of X Additional Chief Metropolitan Magistrate, Mayo Hall at Bengaluru, registered for the offences punishable under Sections 498A and 149 of IPC read with Section 3 & 4 of the Dowry Prohibition Act, 1961 is quashed and all the accused persons are acquitted of aforesaid offences.
SD/- JUDGE KPS