IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28th DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE G.NARENDAR CRIMINAL PETITION NO.8218 OF 2018 BETWEEN:
1. SRI. MOHAN KUMAR A R, AGED ABOUT 35 YEARS, SON OF MR RAMACHAR.
2. SRI KRISHNA BADIGER, AGED ABOUT 38 YEARS, S/O MANNAPPA R BADIGER, 3. DR MANJULA, AGED ABOUT 36 YEARS, W/O KRISHNA BADIGER.
4. SMT HIRIYAMMA, AGED ABOUT 60 YEARS, W/O RAMACHAR B A.
5. RAMACHAR B A, AGED ABOUT 65 YEARS, S/O LATE BURMACHAR, ALL RESIDING AT NO 10, ASHRAYA II FLOOR, 3RD MAIN ROAD, 13TH CROSS, MARUTHINAGAR CHANDRA LAYOUT, II STAGE BENGALURU – 560040.
6. SRI MOUNESH, AGED 43 YEARS, S/O SHANKARACHAR, R/O NO.160/3, 2ND CROSS, 2ND MAIN, VINAYAKA BADAVANE, K.R.NAGAR TALUK, MYSURU DISTRICT – 577212.
7. SHASHIDHAR SUDHAKAR, S/O PAKIRAPPA, AGED ABOUT 43 YEARS, R/O NO.680, HOUNSABHAVI, HIREKERURU TALUK, HAVERI DISTRICT-577655. ...PETITIONERS (BY SMT NIYYAATI PRAMOAD, ADVOCATE FOR SRI MAHESH A S, ADVOCATE) AND:
1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, CHANDRA LAYOUT, P S BENGALURU-1, KARNATAKA.
2. SMT SUSHMA, AGED ABOUT 32 YEARS W/O SRI A.R.MOHAN KUMAR, R/AT NO -46-1/6, BHARGAVI, CONVENT ROAD, KAMMANAHALLI, BENGALURU – 560084. …RESPONDENTS (BY SMT.K.P.YASHODHA, HCGP ADVOCATE FOR R1, SRI H.P.NAGABHUSHAN, ADVOCATE FOR R2) ***** THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED BY RESPONDENT NO.1 FOR THE OFFENCES P/U/S 498A OF IPC, CHARGE SHEET DATED 02.12.2016 THE ENTIRE PROCEEDINGS IN CRIME NO.254/2016, PENDING ON THE FILE OF THE VIII ACMM, AT BANGALORE AGAINST THE PETITIONERS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY THE COURT MADE THE FOLLOWING:
ORDER The first petitioner and second respondent are present before the Court. The joint affidavit signed by the first petitioner and second respondent is filed in the Court.
2. Heard the learned counsel for the petitioners and the learned counsel for the respondents.
3. The learned counsels identify their respective parties.
4. The first petitioner and second respondent were married on 02.05.2014. On account of marital discord parties landed before the Family Court in a petition instituted by the second respondent praying for a decree of divorce under Section 13(i)(a) of the Hindu Marriage Act, 1955. That thereafter the second respondent also filed a Criminal Miscellaneous Petition registered as Crl.Misc. No.191/2016 on the file of the MMTC I, Bengaluru, under the provisions of the Domestic Violence Act and the instant complaint under Section 498-A read with Section 34 and Sections 3 and 4 of the Dowry Prohibition Act also came to be lodged by the second respondent on 01.09.2016 on the file of the Chandra Layout Police Station.
5. The joint affidavit dated 11.03.2019 is filed in the Court. It is submitted by the counsels that marriage of the parties came to be dissolved on mutual understanding and that the parties have also agreed to mutually settle all disputes that have arisen between them and in this regard the second respondent had agreed to withdraw the charges made under the provisions of Section 498-A and other provisions. In furtherance of that understanding the instant joint affidavit is filed.
6. In the light of the law laid down by the Hon’ble Apex Court in the case of Gian Singh vs. State of Punjab and another reported in 2012 (10) SCC 303, keeping in view the relationship that existed between the parties it is just and necessary that an opportunity be given to parties for the purpose of giving a quietus to the disputes of differences that have arisen on account of marital discord and enable the parties to live their separate lives peacefully. It is also seen that no offence involving violence or commission of any gruesome act or cause of any grievous injury is alleged. In that view of the matter, the joint affidavit is taken on record. Accordingly, the petition is allowed. The proceedings in C.C. No.2011/2017 pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed.
Sd/- JUDGE ykl