IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF OCTOBER, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO. 8066/2017 C/w CRIMINAL PETITION NO. 7225/2012 IN CRIMINAL PETITION NO. 8066/2017 BETWEEN:
1. SRI.CHENNAVEERAPPA A.M. S/O LATE MAHADEVAPPA A.M AGED ABOUT 80 YEARS 2. SMT. GIRIJAMMA W/O CHENNAVERAPPA A M AGED ABOUT 70 YEARS BOTH RESIDING AT AREHALLI VILLAGE BASAVANAHALLI POST HONNALI TALUK DAVANAGERE DISTRICT – 577 217 3. SMT. SUJATHA W/O RAMALINGAPPA D/O CHENNAVERAPPA A M AGED ABOUT 49 YEARS RESIDING AT SRI. RANGANATHA NILAYA 2ND CROSS, KASHI VISHWANATHA NILAYA, K.R.PURAM WEST BANGALORE - 36 ... PETITIONERS (BY SRI.SUBHASH REDDY V., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE – 01 THROUGH HSR LAYOUT POLICE STATION BANGALORE CITY 2. SMT. CHANDRIKA S W/O SHIVAKUMARA A C AGED ABOUT 33 YEARS RESIDING AT FLAT NO.4 BALAJI ENCLAVE, YELLUKUNTE HOSAPALYA MAIN ROAD H.S.R. LAYOUT 2ND SECTOR BANGALORE – 560 068 ... RESPONDENTS (BY SRI. S.RACHAIAH, HCGP FOR SRI. SATHEESH N, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.12270/2012 ON THE FILE OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE, IN RESPECT OF THE FIR, COMPLAINT AND CHARGE SHEET FILED BY THE 1ST RESPONDENT AGAINST THE PETITIONERS IN CRIME NO.217/2011 FOR THE OFFENCE P/U/S 498-A, 506 R/W SECTION 34 OF IPC 3 AND 4 OF DOWRY PROHIBITION ACT.
IN CRIMINAL PETITION NO. 7225/2012 BETWEEN:
SRI. SHIVAKUMARA A C S/O CHENNAVERAPPA A M AGED ABOUT 30 YEARS RESIDING AT #1177, 4TH A MAIN ROAD MC LAYOUT, GOVINDARAJA NAGAR BANGALORE - 40 ... PETITIONER (BY SRI.SUBHASH REDDY V., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE – 01 THROUGH HSR LAYOUT POLICE STATION BANGALORE CITY 2. SMT. CHANDRIKA S W/O SHIVAKUMARA A C AGED ABOUT 29 YEARS RESIDING AT FLAT NO.4 BALAJI ENCLAVE, YELLUKUNTE HOSAPALYA MAIN ROAD H.S.R. LAYOUT 2ND SECTOR BANGALORE – 560 068 ... RESPONDENTS (BY SRI. S.RACHAIAH, HCGP FOR SRI. SATHEESH N, ADV.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.12270/2012 PENDING BEFORE THE VI A.C.M.M., BANGALORE IN CR.NO.217/2011.
THESE PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R These two petitions have been filed by the petitioners who have been arraigned as accused in C.C.12270/2012 pending on the file of VI Addl. Chief Metropolitan Magistrate at Bangalore for the offences punishable under Sections 498-A, 506 R/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
2. Marriage between petitioner in Crl.P. No.7225/2012 and respondent No.2 in both petitions, came to be solemnized on 01.09.2008 resulted in parties parting their ways, which led the petitioner in Crl.P. No.7225/2012 (Sri Shivakumar A.C.) to file divorce petition in M.C.No.2854/2011. After full fledged trial, petition came to be allowed by judgment dated 27.02.2015. In the meanwhile, respondent No.2 in the petition filed a complaint before the jurisdictional police alleging that she has been harassed with demand for dowry. Complaint came to be registered in Cr.No.217/2011 for the offences punishable under Sections 498-A, 506 R/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, resulting in filing of charge sheet in C.C.No.12270/2012 on completion of investigation. Hence, petitioners are before this Court seeking for quashing of said proceedings.
3. Complainant who is present before the Court has filed an affidavit in both petitions whereunder she has expressed her intent to withdraw the complaint lodged before jurisdictional police and she has also stated that she has no objection for quashing the proceedings pending in C.C.12270/2012. To establish the identity of respondent No.2 present before Court learned counsel appearing on behalf of her has enclosed a photocopy of her identity card along with the affidavit, which is annexed to memo and it is also duly signed by respondent No.2 and countersigned by her learned counsel. Respondent No.2 present before the Court submits that she has voluntarily agreed to withdraw the allegations made in the complaint and without any force, threat and coercion, she intends to withdraw the same and she has no objections for proceedings being quashed.
4. In the light of aforestated fact and there being a female child born out of said wedlock, respondent No.2 - in whose custody the child is, would be at liberty to workout the right of the child and said child on attaining majority would be at liberty to work out its right against its father in the manner known to law.
5. In the light of aforestated facts and the fact that complainant is having no objection to quash the proceedings against petitioners pending before trial Court, this Court is of the considered view that continuation of further proceedings against petitioners would be an abuse of process of law.
Hence, I proceed to pass the following:
ORDER (i) Criminal Petitions are hereby allowed.
(ii) Proceedings in C.C.12270/2012 pending on the file of VI Addl. Chief Metropolitan Magistrate, Bangalore against the petitioners is hereby quashed.
(iii) Petitioners are acquitted of the offences punishable under Section 498-A, 506 R/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act,1961.
SD/- JUDGE JS