IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2657/2018 C/W CRIMINAL PETITION NO.2656/2018 IN CRL.P. NO.2657/2019: BETWEEN:
1. SAMPATHKUMAR S/O RANGAIAH SHETTY AGED ABOUT 64 YEARS.
2. SMT. JAYASHREE W/O GNANENDRA M AGED ABOUT 26 YEARS.
3. KRISHNA S/O SAMPATH KUMAR AGED ABOUT 30 YEARS.
4. SREENIVASA S/O SAMPATH KUMAR AGED ABOUT 27 YEARS.
PETITIONERS NO.1 TO 4 ARE RESIDING AT AMRUTHUR VILLAGE KUNIGAL TALUK, TUMKUR DISTRICT – 572 116.
(BY SRI. LAKSHMIKANTH K., ADVOCATE) AND:
1. STATE OF KARNATAKA BY ... PETITIONERS JAYANAGARA POLICE STATION KOTE CIRCLE, SHIMOGA DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
2. SRI. GNANENDRA M S/O MUNIYAPPA AGED ABOUT 36 YEARS RESIDING AT MUNESHWARA NILAYA, SAVALANGA ROAD OPPOSITE NEHRU STADIUM SHIVAMOGA TOWN SHIVAMOG DISTRICT – 542 106.
(BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. P.N. HARISH., ADVOCATE FOR R-2) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEDINGS INITIATED AGAINST THE PETITIONERS IN C.C.NO.555/2018 ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, SIVAMOGGA FOR THE OFFENCE U/S 506, 323, 504 R/W 34 OF IPC.
IN CRL.P. NO.2656/2018: BETWEEN:
1. SMT. JAYASHREE W/O JNANENDRA AGED ABOUT 26 YEARS.
2. SAMPATHKUMAR S/O RANGAIAH SHETTY AGED ABOUT 64 YEARS.
3. KRISHNA S/O SAMPATH KUMAR AGED ABOUT 30 YEARS.
4. SREENIVASA S/O SAMPATH KUMAR AGED ABOUT 27 YEARS.
PETITIONERS NO.1 TO 4 ARE RESIDING AT AMRUTHUR VILLAGE KUNIGAL TALUK, TUMKUR DISTRICT PIN – 572 116.
(BY SRI. LAKSHMIKANTH K., ADVOCATE) AND:
1. STATE OF KARNATAKA BY KOTE POLICE STATION KOTE CIRCLE, SHIMOGA DISTRICT REP. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 01.
2. SRI. MUNIYAPPA S/O NARAYANAPPA AGED ABOUT 69 YEARS RESIDING AT MUNESHWARA NILAYA, SAVALANGA ROAD OPPOSITE NEHRU STADIUM SHIVAMOG TOWN SHIVAMOG DISTRICT PIN – 542 106.
(BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. P.N. HARISH., ADVOCATE FOR R-2) ... PETITIONERS ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED AGAINST THE PETITIONERS IN CRIME NO.103/2017 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE (SR.DVN) AND CJM, SHIVAMOGGA FOR THE OFFENCE P/U/S 448, 427 R/W 34 OF IPC.
THESE PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two (2) petitions have been filed by accused for quashing of Crime No.103/2018 registered for the offences punishable under Section 448, 427 r/w 34 IPC by Kote Police Station pending on the file of Prl. Civil Judge (Sr.Dn.) and CJM, Shivamogga and C.C.No.555/2018 registered for the offences punishable under Sections 506, 323, 504 r/w 34 of IPC by Jayanagar Police Station pending on the file of IV Addl. Civil Judge and JMFC, Shivamogga, respectively.
2. Smt. Jayashree (accused in both the cases) was married to Sri.Gnanendra (complainant in Crl.P.No.2657/2018) and due to certain differences of opinion both were living separately. On 03.06.2017 father-in-law of accused lodged a complaint alleging that he is the owner of Empire Wine Centre at Shivamogga Town and his daughter-in-law along with other accused persons namely, her brothers arrived at said premise, caused damage to CC cameras and destroyed liquor bottles worth `38,000/- in the light of her dispute with his son. Hence, he sought for suitable action being taken against accused persons and said complaint came to be registered in Crime No.103/2017 as already noticed hereinabove.
3. Husband of above said Ms.Jayashree lodged a complaint on 06.06.2017 alleging that his wife and her brothers came to his house, assaulted him and abused him and also threatened him they would lodge a false dowry case against him and as such he sought for suitable action being taken against them. Hence, jurisdictional police have registered the said complaint in Crime No.75/2017 and after investigation charge sheet came to be filed in C.C.No.555/2018 for the offences already noticed hereinabove.
4. Today learned Advocates appearing for both parties have filed joint memos whereunder second respondent/complainant and accused persons have agreed to put an end to their marriage solemnised between them and as such they have already filed a petition filed under Section 13-B of Hindu Marriage Act, 1955, in M.C.No.2887/2018. In this background, respective complainants have submitted they have no objection for proceedings pending in Crime No.103/2018 being quashed as they do not intend to prosecute the complaints lodged by them.
5. Since parties have entered into settlement and respective complainants having agreed not to prosecute their complaints and also keeping in mind the principles laid by Hon’ble Apex Court in the case of GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of proceedings against petitioners would not sub serve the ends of justice and would be waste of precious judicial time. Hence, this Court finds there is no impediment to accept the joint memos.
Hence, I proceed to pass the following:
ORDER (i) Crl.P.Nos.2656/2017/2018 and 2657/2018 are allowed.
(ii) Proceedings pending against petitioners in Crime No.103/2018 registered for the offences punishable under Section 448, 427 r/w 34 IPC by Kote Police Station pending on the file of Prl. Civil Judge (Sr.Dn.) and CJM, Shivamogga and C.C.No.555/2018 registered for the offences punishable under Sections 506, 323, 504 r/w 34 of IPC by Jayanagar Police Station pending on the file of IV Addl. Civil Judge and JMFC, Shivamogga, are quashed and petitioners are acquitted of aforesaid offences.
SD/- JUDGE DR