IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MAY 2019 BEFORE THE HON’BLE MR. JUSTICE ALOK ARADHE CRIMINAL PETITION NO.2086 OF 2019 BETWEEN:
Sri K. V. Muralidhar, Son of Vittala Rao, Aged about 35 years, Residing at Kalpashree Nilaya, Gopalapura Main Road, Chitradurga Town – 577 501.
(By Sri. Jagan Mohan M.T., Advocate) AND:
The State by Town Police Chitradurga Town, Chitradurga – 577 501.
Represented by the State Public Prosecutor, High Court Buildings, Bengaluru – 560 001.
… Petitioner … Respondent (By Sri. Vijay Kumar Majage, Addl. SPP) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.967/2016 pending before II Additional Civil Judge and J.M.F.C. Chitradurga as per compromise divorce decree dated 28.04.2017 in M.C.No.120/2015 passed by the II Additional Senior Civil Judge Chitradurga.
This Petition coming on for Admission, this day, the Court made the following:-
ORDER Sri. Jagan Mohan M.T., learned counsel for the petitioner.
Sri. Vijay Kumar Majage, learned Additional SPP for the respondent.
The petition is admitted for hearing. With the consent of both the parties, the same is heard finally.
2. In this petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as ‘the Code’ for short), the petitioner inter alia seeks quashment of the proceedings in C.C.No.967/2016 pending before II Additional Civil Judge and J.M.F.C. Chitradurga, as per the Compromise Divorce Decree dated 28.04.2017.
3. The facts giving rise to filing of this petition, briefly stated are that the marriage between the petitioner and the deceased-Harshitha was performed on 19.10.2015. However, subsequently, the deceased wife had filed complaint against the petitioner for the offences punishable under Sections 504, 506, 498A, 143, 313, 323 and 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. During the pendency of the proceedings between the parties, the parties had entered into a compromise on 28.04.2017. The parties presented the aforesaid compromise petition in the Court of the II Additional Senior Civil Judge at Chitradurga. Thereafter, on 29.04.2017, the deceased-Harshitha committed suicide. The petitioner on the basis of compromise arrived at between the parties has sought quashment of this proceeding.
4. Learned counsel for the petitioner submitted that continuance of the proceeding is an exercise in futility as the wife of the petitioner namely, Harshitha has already committed suicide. It is further submitted that the petitioner and his deceased wife had jointly filed the compromise petition before the II Additional Senior Civil Judge. The aforesaid fact has not been disputed by the learned Additional SPP.
5. I have considered the submissions made by learned counsel for both the sides and have perused the record.
6. From perusal of the record, it is evident that the compromise petition has been jointly filed by the petitioner and his deceased wife – Harshitha. Thereafter, admittedly, the wife of the petitioner has committed suicide. In the fact situation of the case, since the parties had amicably settled the disputes between themselves, no purpose would be served by continuing the proceeding, which has been initiated by the petitioner. Continuing the proceeding in the fact situation of the case amounts to abuse of process of law. Accordingly, proceedings in C.C.No.967/2016 pending before the II Additional Civil Judge and J.M.F.C. Chitradurga is quashed and the petition is allowed.
Sd/-
JUDGE Mds/-