IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1231 OF 2016 A/W CRIMINAL PETITION NO.1232 OF 2016 & CRIMINAL PETITION NO.1233 OF 2016 BETWEEN:
SRI GANGADHAR RAO S/O.SUBRAYA RAO AGED ABOUT 62 YEARS R/AT PLOT NO.29 SINDHU BUILDING SAYAN EAST MUMBAI MUMBAI CITY-40002 MAHARASHTRA STATE NOW AT BENGALURU … PETITIONER IN CRL.P.No.1231/2016 SMT. PRIYA RAO D/O.GANGADHAR RAO AGED ABOUT 24 YEARS R/AT SAYAN EAST MUMBAI MUMBAI CITY-40002 MAHARASHTRA STATE NOW AT BENGALURU … PETITIONER IN CRL.P.No.1232/2016 SMT. SHAKUNTALA RAO W/O.GANGADHAR RAO AGED ABOUT 58 YEARS R/AT PLOT NO.29 SINDHU BUILDING SAYAN EAST MUMBAI MUMBAI CITY-40002 MAHARASHTRA STATE NOW AT BENGALURU … PETITIONER IN CRL.P.No.1233/2016 (BY SRI B.K.BOPANNA FOR SRI G.D.ASWATHANARAYANA, ADVOCATES) AND:
1. STATE OF KARNATAKA REP. BY KUNDAPUR WOMEN POLICE STATION KUNDAPUR-576 201 2. SMT.LEELA W/O.AMITH GANGADHAR RAO AGED ABOUT 30 YEARS R/AT BALAJI PAYING GUEST 6TH MAIN, 4TH CROSS BEHIND SPP INTERNATIONAL SCHOOL INDIRANAGAR BENGALURU CITY-560 032 …RESPONDENTS COMMON (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SRI CHANDAN T.J. FOR SRI N.KUMAR, ADVOCATES FOR R2) THESE CRIMINAL PETITIONS ARE FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS PENDING BEFORE THE ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPUR IN CC.NO.4213/2015 AND THE CHARGESHEET CC.NO.4213/2015 DATED 18.09.2015 VIDE ANNEXURES-D & E AGAINST THE PETITIONER.
THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
COMMON ORDER Heard learned counsel for petitioners, learned Additional Special Public Prosecutor for respondent No.1 and learned counsel for respondent No.2 and perused the record.
2. These petitions are filed under Section 482 of Cr.P.C. seeking to quash the proceedings pending before the Court of the Additional Civil Judge and JMFC, Kundapura in CC.No.4213/2015 for the offences punishable under Sections 323, 498-A, 504 and 506 read with Section 34 of IPC.
3. When the matters were taken up for hearing, respondent No.2 who is present before the Court, filed an affidavit inter alia stating that she had filed a petition in MC.No.1265/2015 for divorce before IV Additional Principal Judge, Family Court, Bengaluru and in the said proceedings, she and accused No.1 have entered into a mutual settlement. Clause No.5 of the said settlement reads as under:
“The Petitioner has filed a Criminal Case in C.C.No.4213/2015 before Civil Judge & JMFC, Kundapur, Udupi District under Section 498-A of IPC, 3 & 4 of Dowry Prohibition Act, which will be decided as per the law and the Petitioner shall co-operate with the Respondent for Closure/quash of the same in accordance with law.”
4. In the affidavit, it is stated that in terms of the aforesaid settlement, a decree has been passed in MC.No.1265/2015 dissolving the marriage between respondent No.2 and accused No.1. In terms of the order passed by the matrimonial Court and the settlement between respondent No.2 and accused No.1, respondent No.2 has sworn in the affidavit that she has withdrawn all the allegations made against the petitioners in CC.No.4213/2015 arising out of Crime No.88/2015 and also Crime No.250/2015 and has requested the Court to quash the proceedings initiated against the petitioners.
5. Respondent No.2 is identified by her counsel. She submits that the averments made in the affidavit are true and correct and that she has freely and willingly withdrawn all the allegations made against the petitioners. She has requested the Court to accept the affidavit and to quash the proceedings initiated against the petitioners.
6. Having regard to the nature of allegations made against the petitioners and in view of the withdrawal of these allegations by the complainant/respondent No.2, no purpose will be served in continuing the prosecution against the petitioners. Hence, in the interest of the parties as well as in the larger interest of justice, affidavit filed by respondent No.2 is accepted. Consequently, the petitions are allowed.
Proceedings pending against petitioners in CC.No.4213/2015 on the file of the Additional Civil Judge and JMFC, Kundapura are quashed.
Sd/- JUDGE LB