IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5065 OF 2018 Between:
1. Sri.Mohith Thankachan, S/o Thankachan George, Aged 28 years, 2. Sri.Thankachan George, S/o Thomas Varkey, Aged 62 years, 3. Smt.Molly, W/o Thankachan George, Aged 56 years, All are residing at Flat No.203, 2nd floor, B-M-Green Woods, Caarmelaram Post, Sajapur Road, Bengaluru-562 125.
(By Sri.Vinod Kumar M, Advocate ) And:
1. State of Karnataka Represented by Station House Office, Bellandur Police Station, Bengaluru.
Represented by The State Public Prosecutor, …Petitioners High Court of Karnataka, Vidhana Soudha, Bengaluru-560 001.
2. Smt. Neethu K.John W/o Mohit Thankachan Aged 26 years, Flat No.203, 2nd floor, B.M.Wood Apartments, Sarjapur Road, Bengaluru-562 125.
… Respondents (By Sri.K.Ranjan Kumar, Advocate and Sri.Padayattee Yeldo, Advocate for R2; Sri.S.Rachaiah, HCGP for R1) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the FIR and further investigation in Crime No.274/2017 of Bellandur Police Station, Bengaluru pending in the file of the VI ACMM at Bengaluru for the offences punishable under Section 498A of IPC and Section 3 and 4 of D.P.Act.
This Criminal Petition coming on for Orders, this day, the Court made the following:
ORDER Petitioners are before this Court for quashing of the proceedings in Crime No.274/2017 registered by Belanduru Police Station, Bengaluru, pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 506, 498(A), 504 of IPC and Section 3 and 4 of Dowry Prohibition Act 1961.
2. Marriage between 1st petitioner and 2nd respondent took place on 09.04.2016 and dispute arose between them which resulted in filing of M.C.No.13/2018 by 2nd respondent herein under Section 12 of Protection of Women from Domestic Violence Act, 2005 and said proceedings has come to an end by virtue of compromise entered into between parties. As per terms agreed to thereunder, petitioner therein i.e., 2nd respondent- complainant herein has agreed to appear before this Court and give her consent for proceedings pending against petitioners being quashed.
3. Accordingly, parties have appeared and filed a joint memo duly signed and 2nd respondent has also filed an affidavit agreeing for terms supporting the compromise petition. She has also stated that she has no objection for proceedings pending against petitioners being quashed.
4. Having heard learned advocates appearing for parties and being satisfied with the due execution of the joint memo as well as affidavit filed by 2nd respondent since parties present before the Court have been identified by the learned advocates representing them and the photo copy of the ID cards issued by statutory authorities is also appended to the joint memo which is taken on record. It is stated by 2nd respondent-complainant that she intends to withdraw the complaint and she has no objection to quash the criminal proceedings pending against the petitioners.
5. In the light of the aforestated reasons, I proceed to pass the following O R D E R I. Criminal Petition is allowed.
II. Proceeding pending in *Crime No. 274/2017 registered by the Bellandur Police Station, Bengaluru, for the offence punishable under Sections 506, 498A, 504 of IPC and Sections 3 and 4 of Dowry Prohibition Act 1961, are hereby quashed and petitioners are acquitted of said offences.
Sd/- JUDGE ag * Corrected V.O. dated 24-04-2019.