IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9166/2018 BETWEEN:
SRI. MANAN MAHESHWARI S/O SURENDRA KUMAR MAHESHWARI AGED ABOUT 34 YEARS R/O 1054, WINDMILLS OF YOUR MIND, TOWER C-1 EPIP ZONE ROAD NO.5B, WHITEFIELD BANGALORE – 560 066.
PERMANANTLY RESIDING AT NO.0903, F-1, ANTHARIKSH GREEN, NOIDA, SECTOR – 50 UTTAR PRADESH – 734 005.
(BY SRI. GAURAV G.K., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY THE BELLANDURU POLICE STATION THROUGH S.P.P.
HIGH COURT BUILDING BANGALORE – 560 001.
2. SMT. NIDHIKALLANI W/O MANAN MAHESHWARI D/O PRADEEPKALLANI ... PETITIONER AGED 33 YEARS R/O FLAT NO.1001 DRAGONFLY BLOCK SJR WATERMARK SUBH ENCLAVE, HARLUR ROAD, BANGALORE – 560 102.
(BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. SUMAN K., ADVOCATE FOR R-2) ... RESPONDENTS THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED:12.09.2017 IN FIR NO.107/17 U/S 498A OF IPC AND THE CRIMINAL PROCEEDINGS ARISING OUT OF AFORESAID CHARGE SHEET IN C.C.NO.5322/2018, NOW PENDING BEFORE 6TH ACMM, AT BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is arraigned as an accused in C.C.No.5322/2018 registered for the offence punishable under Section 498A of IPC by Bellanduru Police Station pending on the file of VI Addl. Chief Metropolitan Magistrate, Bengaluru, is before this Court for quashing of said proceedings.
2. Marriage solemnised between petitioner and second respondent came to be registered on 01.02.2013 before the Registrar of Marriages, Noida, Uttar Pradesh and due to certain disputes having arisen between them, they have been living separately. A complaint came to be lodged by second respondent against petitioner and his family members, which came to be registered in FIR No.107/2017 for the offences punishable under Sections 498A, 406 and Sections 3 and 4 of Dowry Prohibition Act and after investigation charge sheet came to be filed in C.C.No.5322/2018 for the offence punishable under Section 498A of IPC.
3. Today a joint affidavit along with joint memo is filed by both the parties stating thereunder that dispute has been settled and compromised and second respondent has also agreed to withdraw the proceedings initiated by her against petitioner in Crl.Misc.No.165/2017. It is further stated thereunder that petition filed for dissolution of marriage by petitioner in M.C.No.2879/2017 has been disposed of by jurisdictional Family Court granting decree of divorce on 25.04.2019. It is also stated that petitioner has paid a sum of `42,50,000/- in full and final settlement towards permanent alimony to second respondent by way of Demand Drafts dated 11.04.2019 and 23.04.2019 bearing Nos.175328 and 175472 respectively drawn on HDFC Bank and second respondent has also acknowledged receipt of the same. It is also stated that both parties have entered into said compromise out of their own free will, volition and consent without any force, threat, coercion or under any influence.
4. Parties are present before Court and they admit the contents of joint affidavit as well as joint memo. Second respondent/complainant submits that she has no objection for proceedings initiated by her against petitioner being quashed, which is now pending in C.C.No.5322/2018 and she has no further claim against petitioner in view of compromise having been entered into with petitioner. She also acknowledges the receipt of above stated amount. To identify the parties present before Court, photocopies of identity cards issued by statutory authorities has been produced along with memo. In token of having identified the parties present before Court, learned Advocates have also affixed their signatures to joint affidavit and joint memo as well as photocopies of the identity cards annexed thereto.
5. In the light of aforestated and keeping in mind the principles laid down by 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 petitioner would not sub-serve the ends of justice and would only be waste of precious judicial time and it would be an abuse of process of law. Hence, this Court is of the considered view that petitioner is entitled to the relief sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner in C.C.No.5322/2018 registered for the offence punishable under Section 498A of IPC by Bellanduru Police Station on the file of VI Addl. Chief Metropolitan Magistrate, Bengaluru, is hereby quashed and petitioner is acquitted of the said offence.
SD/- JUDGE DR