IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6781/2018 BETWEEN:
1. SRI. M. NANDESHWARA AGED ABOUT 33 YEARS S/O MURUGESHAN NO.71/B-13, ANNANAGAR OPP. JANANI GARDEN HOSUR, KRISHNAGIRI DISTRICT TAMIL NADU - 635 109.
2. SRI. MURUGESHAN AGED ABOUT 69 YEARS S/O GOVINDASWAMY NAIDU.
3. SMT. KANCHANA AGED ABOUT 64 YEARS W/O MURUGESHAN.
PETITIONER NO.2 & 3 ARE RESIDING AT NO.55D/B-13 PAVITHRA LIIAM, ANNANAGAR MUTHUMARIYAMMAN KOVIL HOSUR, KRISHNAGIRI DISTRICT TAMIL NADU - 635 109.
4. PADMAVATHI AGED ABOUT 55 YEARS W/O MURUGESHAN NO.71/B-13, ANNANAGAR OPP. JANANI GARDEN HOSUR, KRISHNAGIRI DISTRICT TAMIL NADU - 635 109.
(BY SRI. ABHISHEK K., ADVOCATE) ... PETITIONERS AND:
1. STATE OF KARNATAKA BY BANASWADI P.S. REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001.
2. SMT. YAMUNA NO.41, 7TH CROSS, 3RD CROSS SUBBAIAHNAPALYA BANGALORE - 560 033.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... RESPONDENTS SRI. E. THIRTHAPPA., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND PRIVATE COMPLAINT IN CRIME NO.280/2018 (REFFERED BY P.C.R.NO.51040/2018) FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A) OF IPC R/W 3 AND 4 OF D.P.ACT REFERRED BY THE COURT OF XI ADDITIONAL CHIEF METROPOLIATAN MAGISTRATE AT BENGALURU, FOUND AT ANNEXURE A AND B REGISTERED BY THE RESPONDENT NO.1 BANASWADI POLICE STATION AGAINST THE PETITIONERS PENDING ON THE FILE OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who have been arraigned as accused Nos.1 to 3 in Crime No.280/2018 (arising out of PCR No.51040/2018) registered for the offences punishable under Section under Section 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of XI Addl. Chief Metropolitan Magistrate, Bengaluru, are before this Court for quashing of the said proceedings.
2. Today a joint affidavit has been filed by first petitioner and second respondent whereunder it is stated that disputes between both parties have been amicably settled and second respondent has no objection for quashing the proceedings in Crime No.280/2018 (arising out of PCR No.51040/2018). Since issue in question relates to a matrimonial dispute, same has resulted in filing of a petition in M.C.No.4149/2018, which has ended in closure/disposal by virtue of memorandum of settlement entered into between parties before Bangalore Mediation Centre, whereunder second respondent herein has agreed to cooperate in quashing the proceedings pending against petitioners, which has also been accepted by the jurisdictional Family Court vide decree dated 08.01.2019. Certified copy of order sheet and decree drawn by the Family Court are also annexed to the said joint affidavit. Hence, petitioners have filed this petition for quashing of said proceedings.
3. In the light of settlement arrived at between parties and second respondent/complainant, who is present before Court submitting that she has no further claims against petitioners and all her claims have been amicably settled and she does not intend to prosecute the proceedings initiated by her against the petitioners and having expressed her consent and no objection for proceedings being quashed, this Court is of the considered view that joint affidavit filed today deserves to be accepted.
4. Parties are present before Court and they reiterate the contents of joint affidavit filed today. Second respondent also submitted that out of her own free will, volition and without any threat, force or coercion she has entered into such settlement and has affixed her signature to the joint affidavit and she has no objection for quashing of the proceedings initiated by her against the petitioners. To establish the identities of parties present before Court photocopies of identity cards issued by the statutory authorities duly signed by parties has also been produced along with joint affidavit. In token of having identified the parties, respective learned Advocates have also affixed their signatures to the joint affidavit.
5. In the light of aforestated facts and keeping in mind the principles laid down by the 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 and it would be an abuse of process of law. As such, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following: ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in Crime No.280/2018 (arising out of PCR No.51040/2018) registered for the offences punishable under Section under Section 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, on the file of XI Addl. Chief Metropolitan Magistrate, Bengaluru, is quashed and petitioners are acquitted of aforesaid offences.
SD/-
JUDGE DR