IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1437/2019 BETWEEN:
1. SRI. RAGHAVENDRA N GOWDA AGED ABOUT 34 YEARS S/O NINGE GOWDA.
2. MANIKANTA @ NATRAJ AGED ABOUT 30 YEARS S/O NINGE GOWDA.
BOTH RESIDENT OF R/O. NO.18, AKSHAYA THRITIYA NIVASA, GUNAKALLU VILLAGE 6TH BLOCK, 11TH STAGE BANASHANKARI BANGALORE – 560 060.
(BY SRI. KRISHNA S VYAS., ADVOCATE) AND:
1. THE STATE BY KENGERI GATE SUB-DIVISION POLCIE BANGALORE – 560 060 REPRESENTED BY THE PUBLIC PROSECUTOR.
2. SMT. M. SHWETHA AGED MAJOR W/O RAGHAVENDRA GOWDA C/O MAHADEVA R/O NO.18, RAJKUMAR LAYOUT MANDYA – 571 401.
... PETITIONERS ... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE INVOKING THE INHERENT POWERS UNDER SEC.482 OF CPRC, THE FIR BEARING NO.144/2016 ON THE FILE OF THE III A.C.M.M., BANGALORE DATED:09.05.2016 AND THE COMPLIANT DATED:08.05.2016 FILED BY THE 2ND RESPONDENT INSOFAR AS IT PERTAINS TO THE PETITIONERS.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused Nos.1 and 2 in Crime No.144/2016 registered by Kengeri Police Station for the offences punishable under Section 498A, 324, 506 of IPC r/w Sections 3 and 4 of Dowry Prohibition Act, 1961, which proceedings is now pending on the file of III Addl. Chief Metropolitan Magistrate, Bangalore, are before this Court for quashing of said proceedings.
2. It is submitted by both parties namely, first petitioner and second respondent-complainant that dispute between them relates to matrimonial issue and marriage between first petitioner– Sri.Raghavendra N. Gowda and second respondent was solemnised on 17.03.2016. Both parties had filed a petition in M.C.No.5818/2018 mutually consenting for dissolution of their marriage under Section 13-B of Hindu Marriage Act, 1955 and in the said proceedings a settlement has been arrived at between parties after it came to be referred to mediation. Memorandum of Settlement entered into between parties under Section 89 r/w Rules 24 and 25 of The Karnataka Civil Procedure (Mediation) Rules, 2005, has also been produced along with the present petition. The terms agreed to between parties has been set out in the said Memorandum of Settlement and in terms of same, M.C.No.5818/2018 also came to be disposed of by II Addl. Principal Judge, Family Court, Bangalore, vide decree dated 19.12.2018 by dissolving the marriage of first petitioner and second respondent solemnised on 17.03.2016, certified copy of which is also produced along with petition.
3. Parties are present before Court namely, first petitioner and complainant. They state that they have entered into said Memorandum of Settlement voluntarily out of their own free will and volition without any force, threat or coercion. Parties present before Court have also filed joint memo stating thereunder that they have amicably settled their disputes. Second respondent-complainant also submits that she has no objection for proceedings initiated by her against petitioners being quashed. To establish the identity of the parties present before Court, photocopies of identity cards issued by statutory authority has been produced along with joint memo. Same is placed on record. Parties present before Court are identified by their respective learned Advocates also.
4. In that view of the matter, this Court finds there is no impediment to accept the submission made at the bar by learned counsel appearing for parties and this Court is also of the considered view that in view of present proceedings being an off shoot of matrimonial dispute between first petitioner and second respondent- complainant and said dispute having been resolved by entering into a Memorandum of Settlement before the Bangalore Mediation Centre in M.C.No.5818/2018, directing the petitioners to undergo ordeal of trial in Crime No.144/2016, would not sub serve the ends of justice.
5. Keeping in mind the principles 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, whereunder it has been held that where the issue relates to matrimonial dispute and in the event of parties arriving at a settlement, continuation of criminal proceedings should not be allowed but on the other hand if allowed to continue, it would be an abuse of process of law. Hence, proceedings pending against petitioners is liable to be quashed and 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.144/2016 registered by Kengeri Police Station for the offences punishable under Section 498A, 324, 506 of IPC r/w Sections 3 and 4 of Dowry Prohibition Act, 1961, on the file of III Addl. Chief Metropolitan Magistrate, Bangalore, is quashed and petitioners are acquitted of afore said offences.
SD/- JUDGE DR