IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.659/2019 BETWEEN:
SRI. MANJUNATH S/O LATE SHESHACHARI AGED ABOUT 46 YEARS BHOOMIKA HOUSE KAVOOR MAIN ROAD KADJA HITHLU DERABAIL, KONCHADY MANGALORE – 575 006.
... PETITIONER (BY SRI. SYED ZAHEERUDDIN BAREED ON BEHALF OF SRI. RAVI T.G., ADVOCTE) AND:
1. THE STATE OF KARNATAKA BY REPRESENTED BY KAVOOR POLICE STATION, D.K. MANGALURU THROUGH PUBLIC PROSECUTOR HIGH COURT BUILDING B’LORE – 01.
2. SMT. MEENAKSHI K.R W/O SRI. MANJUNATH AGED ABOUT 46 YEARS MALEMAR, DERABAIL KONCHADY MANGALORE – 575 006.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET AND THE FURTHER PROCEEDINGS ARISING FROM C.C.NO.2990/2008, AND THEREBY REGISTERING THE L.P.C NO.52/2016, PENDING ON THE FILE OF THE HON'BLE J.M.F.C., (III COURT) D.K., MANGALORE, AS AN ABUSE OF PROCESS OF LAW.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is arraigned as accused No.1 in C.C.No.2990/2008 registered for the offences punishable under Sections 504 and 506 r/w 34 of IPC by Kavoor Police Station pending on the file of JMFC (III), Dakshina Kannada, is before this Court for quashing of said proceedings.
2. Second respondent herein filed a complaint against petitioner and his brother alleging that she had a matrimonial dispute with petitioner and his brother who had threatened her and had also assaulted her. Said complaint came to be registered in Crime No.55/2008 for the offences punishable under Section 504, 506, 436 r/w 34 of IPC. After investigation charge sheet came to be filed against petitioner for the offences punishable under Sections 504 and 506 r/w 34 of IPC. During the pendency of present proceedings before trial Court accused No.2 was reported to be dead and as such proceedings against accused No.2 stood abated which has been recorded by learned trial Judge by order dated 13.11.2018.
3. Today a joint memo is filed which is duly signed by petitioner and second respondent, whereunder second respondent has stated that she is leading happy married life with petitioner and she has no objection for proceedings pending against petitioner being quashed.
4. Second respondent/complainant is present before Court and admits the contents of joint memo. She also submits that out of her own free will without any force, threat or coercion has affixed her signature to the joint memo and she has no objection for proceedings pending against petitioner being quashed.
To establish identity of parties present before Court, photocopy of identity cards issued by statutory authority is also appended to the joint memo. Same is placed on record.
5. In the light of aforestated facts and parties having amicably settled their dispute amongst themselves, dispute in question being more of civil in nature namely, matrimonial dispute and same having been settled and also the fact that petitioner and second respondent living together, this Court is of the considered view that continuation of proceedings would not be called for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner in C.C.No.2990/2008 registered for the offences punishable under Sections 504 and 506 r/w 34 of IPC by Kavoor Police Station pending on the file of JMFC (III), Dakshina Kannada, is quashed and petitioner is acquitted of aforesaid offences.
SD/- JUDGE DR