IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9284/2018 BETWEEN:
1. MR. SHARATH S @ SHARATH AGED ABOUT 32 YEARS S/O SHASHIRAJ 2. SRI. SHASHIRAJ @ SHASHIRAJ AGED ABOUT 65 YEARS S/O LATE HALKUR SHANKRAIAH 3. SMT. SAROJA @ SAROJA AGED ABOUT 62 YEARS W/O SHASHIRAJ 1 TO 3 ARE R/AT G8, VVR SUPREME RESIDENCY ‘B’ BLOCK, UTTARAHALLI MAIN ROAD, CHIKKALASANDRA BENGALURU-560061.
4. SMT. SHWETHA S @ SWETHA AGED ABOUT 36 YEARS W/O CHANDRASEKHAR R 5. MR. CHANDRASHEKAR R @ CHANDRASHEKHAR AGED ABOUT 36 YEARS 4 & 5 ARE RESIDING AT NO.82, SLC SRI.LAKSHMI RESIDENCY 4TH MAIN, POORNA PRAGNA LAYOUT UTTARAHALLI HOBLI BENGALURU-560061.
... PETITIONERS AND:
(BY SRI. RAVI KIRAN, ADVOCATE FOR SRI. ABHINAV RAMANAND, ADVOCATE) 1. STATE BY BASAVANAGUDI WOMEN POLICE STATION REP. BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560006.
2. SMT. KRUPA M.V AGED ABOUT 26 YEARS W/O MR. SHARATH S R/AT NO.19/1, 7TH CROSS 6TH MAIN, N.R. COLONY BENGALURU-560025.
... RESPONDENTS (BY SRI.S. RACHAIAH, HCGP FOR R1; SMT. JAYANTHI T, ADVOCATE FOR SMT. ANURADHA SIMHA, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.22819/2018 PENDING ADJUDICATION BEFORE THE II ACMM, COURT AT BANGALORE AND INTER-ALIA QUASHING THE FIR IN CRIME NO.28/2018 DATED 29.04.2018 FILED BY THE 1ST RESPONDENT JURISIDICTIONAL POLICE AT ANNEXURE-A.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners, who are arraigned as accused Nos.1 to 5 in C.C.No.22819/2018 registered by Basavanagudi Police Station for the offences punishable under Sections 498A r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, pending on the file of II Addl. Chief Metropolitan Magistrate, Bengaluru, are before this Court for quashing of said proceedings.
2. Marriage between first petitioner and second respondent came to be solemnised on 12.06.2017 and due to certain differences of opinion first petitioner and second respondent started living separately/independently. Thereafter, second respondent had lodged a complaint against petitioners before first respondent alleging petitioners have committed an offence punishable under Section 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. Hence, first respondent police registered said complaint in Crime No.0028/2018 and on completion of investigation, charge sheet came to be filed in C.C.No.22819/2018, which is now pending on the file of II Addl. Chief Metropolitan Magistrate, Bengaluru.
3. Today, a joint affidavit has been filed by first petitioner and second respondent stating thereunder that they have amicably settled their dispute and second respondent does not intend to proceed with the complaint lodged by her against petitioners. It is also stated that proceedings in M.C.No.1312/2018, which was initiated by second respondent against first petitioner for restitution of conjugal rights, has also been amicably settled by arriving at a settlement between parties before the Bangalore Mediation Centre. Terms and conditions agreed to between parties has also been reduced into writing by entering into a Memorandum of Settlement under Section 89 of CPC r/w Rules 24 and 25 of Karnataka Civil Procedure (Mediation) rules, 2005 and as per the terms set out thereunder both parties filed a joint petition under Section 13-B of Hindu Marriage Act, 1955, in M.C.No.6162/2018 by giving mutual consent for dissolution of their marriage. Jurisdictional Family Court accepting the said Mediation Report and memorandum of settlement arrived at between parties, has dissolved the marriage solemnised between first petitioner and second respondent by granting decree of divorce. It is also stated by second respondent that she has received a total sum of ` 7,30,000/- as permanent alimony from first petitioner and she has no further claims against first petitioner and as such, she has no objection for proceedings pending against petitioners being quashed.
4. First petitioner and second respondent are present before Court and they reiterate the contents of joint affidavit filed today. Second respondent submits that out of her own free will and volition, without any force, threat or coercion she has affixed her signature to the joint affidavit. She also submits that she has no objection for quashing the proceedings initiated by her against petitioners. To establish the identity of parties present before Court, photocopies of identity cards issued by the statutory authority is produced along with the memo. In token of having identified the parties, respective learned Advocates have also affixed their signatures to the photocopies of said identity cards appended to memo. Said memo is taken on record.
5. In the light of aforestated facts and keeping in mind the principles laid down by Hon’ble Apex Court in the case of GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303 and in view of second respondent herself having agreed for proceedings being quashed, this Court is of the considered view that continuation of further proceedings against petitioners would not serve any fruitful purpose and it would be an abuse of process of law. This Court finds there is no impediment to accept the said joint affidavit and grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.22819/2018 registered by Basavanagudi Police Station for the offences punishable under Sections 498A r/w 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, on the file of II Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby quashed and petitioners are acquitted of the aforesaid offences.
SD/- JUDGE DR