IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY 2019 BEFORE THE HON'BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.1707 OF 2017 BETWEEN:
1. SMT. SHYLAJA W/O LATE NIRANJANACHAR AGED ABOUT 52 YEARS R/O DOOR NO.631/179 NEAR KARIYAMMA TEMPLE JAYANAGARA SARASWATHI NAGAR, NITTUVALLI DAVANAGERE – 577 004 2. SMT. VANAJAKSHI W/O SIDDACHARI H.R.
AGED ABOUT 31 YEARS #210, HAMPANUR CHALLAKERE TALUK CHITRADURGA DISTRICT – 577 519 …PETITIONERS (BY SHRI GOPALAKRISHNAMURTHY C., ADVOCATE) AND:
1. STATE BY BIRUR POLICE STATION REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 2. SMT. KAVITHA @ VANITHA W/O LOHITHKUMAR AGED ABOUT 30 YEARS R/O MARGADA CAMP BIRUR TOWN, KADUR TALUK CHIKKAMAGALURU DISTRICT (BY SMT. K.P.YASHODHA, HCGP FOR R1;
… RESPONDENTS SHRI K.M.THIRTHAPPA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR FILED BY THE 1ST RESPONDENT POLICE IN CR.NO.216/2016 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, KADUR, VIDE ANNEXURE-A DATED 11.11.2016 AS AGAINST THE PETITIONERS HEREIN.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners have been charged with offences punishable under Sections 323, 504, 506, 114 r/w Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act in Crime No.216/2016 pending on the file of the Senior Civil Judge & JMFC, Kadur based on a complaint given by the second respondent.
2. Learned Advocates for the petitioners and second respondent jointly submit that parties have settled the matter amicably. Accordingly, joint affidavit signed by both petitioners and second respondent is filed. They pray that this petition be disposed of in terms of the joint affidavit.
3. Petitioners and second respondent are present before the Court and identified by their respective advocates. The second respondent submits that she has no objection for quashing the proceedings as the matter has been amicably settled between the parties.
4. The joint affidavit filed by the petitioners and second respondent, reads as follows:
“We, 1) Smt. Shylaja W/o Late. Niranjanachar, Aged about 55 years, R/o Door No.631/179, Near Kariyamma Temple, Bhagiratha Circle, Jayanagara, Nittuvalli, Davanagere-577001 2) Smt. Vanajakshi W/o Siddachari.H.R, Aged about 34 years, R/o Door No.31/179, # 210, Hampanur, Challakere Taluk, Chitradurga District-577519 accused No.2 & 3 in Cr.No.216/2016.
And I, Smt. Kavitha @ Vanitha W/o Lohithkumar, Aged about 33 years, R/o Margada Camp, Birur Town, Kadur Taluk, Chikkamangaluru District- 577116 today come down to Bengaluru, all are hereby solemnly affirm and state on oath as follows:
2. The respondent No.2 is the legally wedded wife of one Mr.Lohithkumar, and petitioners No.1 & 2 are the mother and sister of one Mr. Lothithkumar in this Petition.
3. The respondent No.2 wife of one Mr. Lohithkumar initiated proceedings under Section 498-A, 323, 504, 506, 114 R/w 34 of IPC and Section 3 & 4 of Dowry Prohibition Act, Respondent No.2 filed a case in Crime No.216/2016 on the file of the Civil Judge and C.J.M at Kadur, before the Respondent No.1 Police, petitioners are seeking to quash the FIR.
4. All parties submit that they have settled the matter in Crime No.216/2016 on the file of the Civil Judge and C.J.M at Kadur and also Mediation Centre in M.C.No.89/2018 with the intervention of elders, well-wishers and family members of both the petitioners and Respondent No.2.
5. Respondent No.2 submits that she has agreed to co-operate in quashing of the proceedings in Crime No.216/2016 pending on the file of Senior Civil Judge and C.J.M at Kadur, has no objection to quash the said proceedings, since the matter has been settled in Mediation Centre at Chikkamagaluru in M.C.No.89/2018 and the true copy of the agreement/affidavit has been furnished for the kind perusal of this Hon’ble Court and to pass necessary orders in the interest of justice.
6. It is stated that the above compromise entered between the parties without any threat, force and coercion or fraud or misrepresentation but with free will and consent of both the parties. Hence, both the Petitioners and Respondent No.2 respectfully pray that this Hon’ble Court may be pleased to quash the proceedings as prayed in the main petition to meet the ends of justice.”
(emphasis supplied) 5. The parties having settled the matter amicably, no useful purpose would be served in continuing criminal proceedings against the petitioners.
6. Resultantly, this petition merits consideration and accordingly, it is allowed. All proceedings in Crime No.216/2016 pending on the file of the Senior Civil Judge & JMFC, Kadur are quashed so far as petitioners are concerned.
In view of disposal of the petition, I.A.No.1/2018 does not survive for consideration; it stands disposed of.
No costs.
Sd/- JUDGE hkh.