IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.666 OF 2018 BETWEEN 1. SRI H R GIRISH @ HANUMANTHAPPA S/O RUDRAPPA H.E, AGED ABOUT 40 YEARS, R/AT HOYSANAHALLI, SHIVAMOGGA TALUK, AND DISTRICT-577202.
PRESENTLY RESIDING AT: UJJANESHWARA KRUPA, VINOBANAGARA, IV STAGE, SHIVAMOGGA-577202.
2. SHANTHAMMA, W/O RUDRAPPA, AGED ABOUT 60 YEARS.
3. SRI RUDRAPPA, S/O ESHWARAPPA, AGED ABOUT 65 YEARS.
4. SRI UMESHA, S/O RUDRAPPA, AGED ABOUT 35 YEARS, THE PETITONER NO.1 TO 4 ARE RESIDING AT HOYSANAHALLI, SHIVAMOGGA TALUK, AND DISTRICT – 577 202.
5. SRI INDRESH, S/O RUDRAPPA, AGED ABOUT 34 YEARS, PERMANENT RESIDENT OF HOYSANAHALLI, SHIVAMOGGA TALUK AND DISTRICT-577202 PRESENTLY RESIDING AT LONDON, UNITED KINGDOM.
6. SMT GEETHA, W/O DEVIKUMAR, AGED ABOUT 37 YEARS.
7. SRI DEVIKUMAR, S/O LATE DEVARAJ, AGED ABOUT 45 YEARS, THE PETITIONER NO.6 AND 7 ARE RESIDING AT; L.B.S.NAGARA, 1ST CROSS, SHIVAMOOGA – 577 202. ... PETITIONERS (BY SRI RUDRAPPA P, ADVOCATE) AND 1. THE STATE OF KARNATAKA WOMEN POLICE STATION, KOTE CIRCLE, SHIVAMOGGA-577201.
REPRESENTED BY ITS S.P.P., KARNATAKA HIGH COURT BUILDINGS, HIGH COURT, BENGALURU-01.
2. SMT VANI G.S, W/O GIRISH H R, D/O G SHIVAMURTHY, AGED ABOUT 27 YEARS, R/AT NO.105, 5TH CROSS, II MAIN ROAD, KRISHINAGARA, SHIVAMOGGA-577201. ... RESPONDENTS (BY SMT K.P.YASHODHA, HCGP FOR R1, R2 SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN C.C.NO.661/2017 PENDING ON THE FILE OF THE 2ND J.M.F.C., COURT, SHIVAMOGGA, FOR THE ALLEGED OFFENCES P/U/S 3 AND 4 OF THE DOWRY PROHIBITION ACT AND SECTION 498A,323,504,506,342,448,114,34 OF IPC.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER First petitioner married second respondent on 13.02.2012 in Shivamogga. Some differences arose between husband and wife. She filed a complaint on 3.6.2016 alleging harassment. Accordingly, FIR No.79/2016 was registered in Women Police Station in Shivamogga. Police after investigation have filed charge sheet in C.C. No.661/2017 before JMFC, Shivamogga. Thereafter parties have filed a petition under Section 13(B) of the Hindu Marriage Act, 1955 in the year 2017 in M.C. No.40/2017. The said joint petition was considered and by judgment and decree dated 09.10.2017, marriage has been dissolved and decree of divorce granted by mutual consent,.
2. The petitioners have challenged the charge sheet filed against them for offences punishable under Sections 498A, 323, 504, 506, 342, 448, 114, 34 of IPC.
3. Sri Rudrappa P, learned advocate for the petitioner submits that parties have obtained consent decree of divorce by filing a petition under Section 13(B). By inadvertence the compromise memo could not be filed before the Family Court, Shivamogga. Even after parties obtaining decree of divorce, criminal proceedings challenged in this petition are pending. Accordingly he prays that this petition be allowed and proceedings be quashed.
4. Despite service, the second respondent (wife) has remained absent.
5. It is not in dispute that the complaint alleging harassment has been registered on 3.6.2016. Parties have obtained consent divorce by filing a joint petition on 09.10.2017. Parties having obtained a decree of divorce by mutual consent, no purpose would be served by continuing the criminal prosecution against petitioners. In the circumstances, this petition merits consideration. Accordingly, the petition is allowed and all proceedings in C.C. No.661/2017 pending before the 2nd J.M.F.C. Court, Shivamogga, are quashed.
No costs.
Sd/-
JUDGE ykl