IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST 2019 BEFORE THE HON’BLE MR. JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION No.6004/2019 BETWEEN:
SRI D. KRISHNA MOHAN, S/O DANI HANUMANTHA REDDY, AGED ABOUT 35 YEARS, RESIDING AT FLAT No.213A, S.V.R. FLOORA APARTMENT, SITE No.32/1, HARALUR ROAD, BENGALURU-562 106.
AND PERMANENT RESIDENT OF No.1-19-78/79 SIDDARTHA COLONY, NEAR SARADA THEATRE, KAPRA, SECUNDERABAD – 500 062.
PETITIONER (BY SHRI B.N. SURESH BABU, ADVOCATE) AND:
1. THE STATE BY H.S.R. LAYOUT POLICE, HSR LAYOUT, BENGALURU 562 106, REPRESENTED BY S.P.P., HIGH COURT BUILDING.
2. SMT. LAVANYA, D/O VENKATESHWARALU, AGED ABOUT 34 YEARS, RESIDING AT FLAT No.213A, S.V.R. FLOORA APARTMENT, SITE No.32/1, HARALUR ROAD, BENGALURU AND PERMANENT RESIDENT OF 80/112-1-A1, I FLOOR, SUBASHNAGAR, NEAR KRISHNA NAGARA RAILWAY GATE, KARNOOL, ANDHRA PRADESH – 518 002.
RESPONDENTS (BY SHRI S. RACHAIAH, HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT No.1 SHRI L. VIJAYA KUMAR, ADVOCATE FOR RESPONDENT No.2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973, PRAYING THAT THIS COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN C.C. No.30979/2018 ON THE FILE OF THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN CRIME No.219/2016.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Shri B.N. Suresh Babu, learned advocate for the petitioner, Shri S. Rachaiah, learned High Court Government Pleader for the State and Shri L. Vijaya Kumar, learned advocate for respondent No.2.
2. The second respondent – Smt. Lavanya filed F.I.R. No.219/2016 in H.S.R Layout police station, Madivala sub-division, Bengaluru City, against her husband, petitioner herein, Shri D. Krishna Mohan.
3. Police after investigation have filed charge sheet against the petitioner for offences punishable under Sections 498A, 504 and 506 of the Indian Penal Code, 1860, (for short, ‘the IPC’) and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
4. The matrimonial dispute between petitioner and respondent No.2 has been decided in FC.OP. No.1898/2018 on the file of XVI Additional District and Sessions Judge’s Court-cum-XVI Additional Metropolitan Sessions Judge’s Court-cum-III Additional Family Court, Ranga Reddy District at Malkajgiri, by judgment and order dated 12th April 2019. In terms thereof, the marriage between the petitioner herein and respondent No.2 herein has been dissolved.
5. A joint affidavit signed by petitioner and respondent No.2 has been filed in this Court today. Petitioner and respondent No.2 are present before the Court and they are identified by their respective Advocates. Respondent No.2 submits that she has no objection for quashing of the criminal proceedings in C.C No.30979/2018 pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, initiated by her against her husband. They pray that this petition may be disposed of in terms of the said Joint Affidavit. They admit the terms of settlement stated in the joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“JOINT AFFIDAVIT We, D.KRISHNA MOHAN, S/o Dani Hanumantha Reddy, Aged about 35 years, residing at Flat No.213A, S.V.R.Floora Apartment, Site No.32/1, Haralur Road, Bengaluru-562 106 and Permanent resident of No.1-19-78/79, Siddartha Colony, Near Sarada Theatre, Kapra Secundrabad-500 062 and LAVANYA, D/o Venkateshwaralu, Aged about 34 years, Residing at Flat No.213A, S.V.R.
Floora Apartment, Site No.32/1, Haralur Road, Bengaluru and permanent resident of 80/112- 1-A1, I Floor, Subashnagar, Near Krishna Nagara Railway Gate, Karnool, Andhra Pradesh-518 002 do hereby solemnly affirm and state on oath as follows:-
1. We submit that we got married on 14.5.2006 as per Hindu customs and rituals at Sunayana Auditorium, Kurnool, Andhra Pradesh. Due to some differences between us in our matrimonial life, we separated and residing separately. Despite the efforts of the friends, well-wishers and elders of the family to sort out the differences, the same were not sorted out. We have obtained a decree of divorce by mutual consent under a Judgment and Decree passed by the Hon’ble XVI Additional District and Session Judge’s court cum XVI Additional Metropolitan Sessions Judge’s court Cum III additional Family Court, Ranga Reddy District at Malkagiri in FC.OP.No.1898/2018 dated 12.4.2019. Apart from this the family matter filed for restitution of conjugal rights in M.C.No.5216/2015 was also dismissed. The matter filed under the provisions of Domestic Violence in Crl.Misc. No.100/2016 was also dismissed.
2. We submit that we are legally separated and leading our lives independently as we both are working. We have no claims against each other in kind or in consideration either past, present or future. We have understood that since the matters have been settled among ourselves we unconditionally withdraw all the allegations made against each other either oral or writing.
3. We submit that inview of the settlement arrived between us we are not interested to prosecute further the Criminal Case No.30979/2018 on the file of the VI Additional Chief Metropolitan Magistrate at Benglauru for the offences punishable under Section 498A, 504, 506 of the Indian Penal Code read with section 3 and 4 of the Dowry Prohibition Act.
4. We submit that this joint affidavit we have filed out of our free will and consent after understanding the contents of the same without any fraud, threat, coercion, or undue influence.
WHEREFORE, we respectfully pray that this Hon`ble court may be pleased to drop the criminal proceedings in C.C. No.30979/2018 on the file of VI Additional Chief Metropolitan Magistrate at Bengaluru and to pass such other suitable order deems fit to grant under the facts and circumstances of the case to meet the ends of justice and equity.”
6. The criminal proceedings under Section 498-A of the IPC, have stemmed out of matrimonial dispute between the parties. Parties have settled the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly, all proceedings in C.C. No.30979/2018 pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, are quashed.
7. Petition is accordingly disposed of.
No costs.
Sd/- JUDGE sma