IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9571/2018 A/W CRIMINAL PETITION NO.1522/2019 IN CRL.P. NO.9571/2018: BETWEEN:
1. SRI. DEVENDRAPPA H S/O LATE SANNAKOTTRAPPA AGED ABOUT 58 YEARS R/AT NO.1033/44 GURU KOTTURESHWARA VIJAYA VITTALANAGAR NEAR AMRUTHESHWARA TEMPLE, SIRAGUPPA TALUK BELLARY DISTRICT – 583 101.
2. SMT. YASHODA W/O DEVENDRAPPA AGED ABOUT 53 YEARS R/A NO.1033/44, GURU KOTTURESHWARA VIJAYA VITTALANAGAR, NEAR AMRUTHESHWARA TEMPLE SIRAGUPPA TALUK BELLARY DISTRICT – 583 101.
3. SRI. KOTTRESH HANNI S/O DEVENDRAPPA AGED ABOUT 27 YEARS R/A NO.1033/44, GURU KOTTURESHWARA VIJAYA VITTALANAGAR, NEAR AMRUTHESHWARA TEMPLE SIRAGUPPA TALUK BELLARY DISTRICT – 583 101.
4. SMT. SHILPA SREE W/O VEDAMURHTY AGED ABOUT 27 YEARS R/O PRAGATHI KRISHNA GRAMINA BANK, MUSKURU POST JAGALURU TALUK DAVANGERE DISTRICT – 577 002.
5. SRI. VEDAMURTHY S/O K.R. SIDDAIAH AGED ABOUT 32 YEARS R/O MARIJKUNTE GRAMA JAGALURU TALUK DAVANAGERE DISTRICT – 577 002.
6. SRI. JAGANMATHA W/O SHIVANANDA AGED ABOUT 49 YEARS NO.810/12, 2ND MAIN 4TH “A” CROSS, SHIVAKUMAR SWAMY NAGAR, DAVANAGERE DAVANAGERE DISTRICT – 577 002.
(BY SRI. LEELADHAR H.P., ADVOCATE) AND:
1. STATE OF KARNATAKA BY AMRUTHAHALLI POLICE STATION, BENGALURU CITY REP: SPP, HIGH COURT BUILDINGS BENGALURU – 560 001.
2. SMT. SANJITHA BASAVANAL D/O N.U. SHIVA AGED ABOUT 27 YEARS R/A NO.445/15/1 ... PETITIONERS 2ND FLOOR, BHUVANAGIRI NEAR BACKSIDE OF BRUNDAVANA APARTMENT, HEBBAL KEMPAPURA BENGALURU – 560 024.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. RAJARAM D BHAT., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDERS DATED:05.11.2018 AND CONTINUOUS PROCEEDINGS IN C.C.NO.29830/2018 (CRIME NO.127/2018)OF THE RESPONDENT POLICE, TAKING COGNIZABLE OF THE OFFENCE P/U/S 498A, 506 OF THE IPC R/W 3 AND 4 OF D.P ACT, NOW PENDING ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE, BANGALORE CITY, AGAINST THE PETITIONERS AND ALLOW THE PETITION IN THE ABOVE CASE.
IN CRL.P. NO.1522/2019: BETWEEN:
SRI. CHETHANKUMAR HANNI S/O DEVENDRAPPA AGED ABOUT 32 YEARS R/AT NO.1039/44 GURU KOTTURESHWARA VIJAYA VITTALANAGAR NEAR AMRUTHESHWARA TEMPLE SIRAGUPPA TALUK BELLARY DISTRICT – 583 101.
(BY SRI. LEELADHAR H.P., ADVOCATE) ... PETITIONER AND:
1. STATE OF KARNATAKA BY AMRUTHAHALLI POLICE STATION, BENGALURU CITY REP. SPP, HIGH COURT BUILDINGS BENGALURU - 560 001.
2. SMT. SANJITHA BASAVANAL D/O N.U. SHIVA AGED ABOUT 27 YEARS R/AT NO.445/15/1 2ND FLOOR, BHUVANAGIRI NEAR BACKSIDE OF BRUNDAVANA APARTMENT, HEBBAL KEMPAPURA, BENGALURU - 560 024.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. RAJARAM D. BHAT., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDERS DATED:07.11.2018 AND CONTINUOUS PROCEEDINGS IN C.C.NO.29830/2018 (CR.NO.127/2018) OF THE RESPONDENT POLICE, TAKING COGNIZANCE OF THE OFFENCE P/U/S 498(A), 506 OF IPC AND SECTION 3 AND 4 OF D.P. ACT, NOW PENDING ON THE FILE OF C.M.M., BENGALURU AGAINST THE PETITIONERS AND ALLOW THIS CRL.P. IN THE ABOVE CASE.
O R D E R Petitioners who are arraigned as accused Nos.2 to 7 in C.C.No.29830/2018 registered for the offences punishable under Sections 498A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, by Amruthahalli Police Station pending on the file of Chief Metropolitan Magistrate, Bengaluru City, are before this Court for quashing of said proceedings.
2. Marriage of Sri.Chethan Kumar (accused No.1) with second respondent herein came to be solemnised on 21.08.2015 at Dharmasthala Temple and due to certain differences having cropped-up both of them were living separately. A complaint to be lodged by second respondent on 01.06.2018 against petitioners alleging physical and mental harassment with a demand for dowry and as such sought for suitable action being taken against them.
3. Today a joint memo along with respective affidavits have been filed by both petitioner (in Crl.P.No.1522/2019) and second respondent whereunder it is stated that parties have entered into settlement agreement and have agreed to withdraw all the cases filed against each other and it is also stated that by mutual consent both parties filed a petition under Section 13-B of Hindu Marriage Act, 1955, in M.C.No.528/2019 for dissolution of marriage. It is stated in the said joint memo to the following effect:
“5. It is further submitted that, in the Settlement Agreement, both the petitioner and the 2nd respondent have agreed to withdraw all the cases filed against each other. Further, they have agreed to file a consent Divorce Petition under Section 13-B of Hindu Marriage Act seeking dissolution of their marriage in MC No.528/2019 on the file of the Principal Judge Family Court at Bengaluru. Again MC No.528/2019 was referred to Mediation formally and a similar Settlement agreement is entered into between the petitioner and the 2nd respondent.”
4. Petitioners and second respondent/ complainant are present before Court and they admit the contents of joint memo as well as affidavits. Second respondent submits that out of her own free will without any force, threat or coercion she has affixed her signature to the joint memo along with affidavit. She also submits that she has no objection for proceedings pending against petitioners being quashed and she do not intend to prosecute her complaint. To establish the identity of parties present before Court, photocopies of identity cards issued by statutory authority have been produced along with respective affidavits and in token of having identified them, respective learned Advocates have also affixed their signatures to the joint memo as well as affidavits of parties.
5. In the light of aforestated facts and keeping in mind principles laid down by the 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 further proceedings against petitioners would not sub- serve the ends of justice as it would be an abuse of process of law and waste of precious judicial time. As such this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Crl.P.Nos.9571/2018 and 1522/2019 are allowed.
(ii) Proceedings pending against petitioners in C.C.No.29830/2018 registered for the offences punishable under Sections 498A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, by Amruthahalli Police Station on the file of Chief Metropolitan Magistrate, Bengaluru City, is hereby quashed and petitioners are acquitted of aforesaid offences.
SD/- JUDGE DR