IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17th DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.7395/2019 BETWEEN:
1 . SRI S. RAVIKUMAR S/O. SRINIVASAIAH, AGED ABOUT 47 YEARS.
2 . SRI SRINIVASAIAH S/O. LATE RANGACHAR, AGED ABOUT 74 YEARS.
SL. NO.1 AND 2 ARE RESIDENT OF 236, 6TH CROSS, BEL LAYOUT, 1ST STAGE, BHARAT NAGAR, VISHWANEEDAM POST, BENGALURU-560091.
3 . SMT S. ANITHA W/O S.NAGESH, AGED ABOUT 46 YEARS, R/AT NO.179, N.N.T. ROAD, NORTH SIDE, CHINTHAMANI, CHIKKABALLAPURA 563125.
4 . SMT SOWMYA S W/O. BASAVARAHACGAR M.V., AGED ABOUT 40 YEARS, R/AT 13/114/2, 3RD CROSS, KAVERINAGAR KATHRIGUPPE, BSK III STAGE, KATHRIGUPPE, BENGALURU-560085.
(BY SRI. BASAVARAJU P. ADV.,) AND:
1 . STATE OF KARNATAKA … PETITIONERS STATION HOUSE OFFICER OF TAVAREKERE POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.
2. SMT. C.N. JYOTHILAKSHMI W/O. RAVIKUMAR C/O. JAYALAKSHMAMMA AGED ABOUT 43 YEARS, RESIDENT OF No.56, 4TH CROSS, MARUTHI NAGAR, ARISHINAKUNTE, NELAMANGALA BENGALURU-562123.
PRESENTLY RESIDENT OF NO.1043, 2ND CROSS, MARUTHI NAGAR, ARISHINAKUNTE, NELAMANGALA, BENGALURU-562123.
(BY SRI. VINAYAKA V.S. HCGP., FOR R1 SMT. PUSHPAKANTHA, ADV., FOR) (VAKALATH FILED IN COURT) ... RESPONDENTS THIS CRIMINAL IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CRIME NO.163/2010 REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 324, 506 R/W SECTION 34 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITON ACT VIDE ANNEXURE-A COMPLAINT VIDE ANNEXURE-B, ORDER OF TAKING COGNIZANCE DATED 28.7.2010 VIDE ANNEXURE- N AND CHARGE SHEET IN C.C. NO.3349/2010 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 143, 498-A, 324, 506 R/W SECTION 149 OF IPC AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT VIDE ANNEXURE-C PENDING ON THE FILE OF THE CHIEF JUDICIAL MAGISTRATE AT BENGALURU RURAL DISTRICT AT BENGALURU AND ETC., THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition, petitioners have sought for the following relief:
a. Call for the records in C.C. No.3349/2010 pending on the file of the Chief Judicial Magistrate, Bengaluru Rural District, at Bengaluru.
b. Quash the FIR in Crime No.163/2010 registered for the alleged offences punishable under Section 498(A), 324, 506 r/w Section 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act vide Annexure-A, complaint vide Annexure-B, order of taking cognizance dated 28.07.2010 vide Annexure- N and charge sheet in C.C. No.3349/2010 for the alleged offences punishable under Section 143, 498 (A), 324, 506 r/w Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act vide Annexure-C, pending on the file of the Chief Judicial Magistrate at Bengaluru Rural District at Bengaluru.
2. Petitioner No.3 married one Shri S. Nagesh on 12.12.1994 who is resident of Chintamani. Petitioner No.4 married one Shri Basavarj on 18.04.2001 who is resident of Kathriguppe, Bengaluru. Respondent No.2 got married to petitioner No.1 on 2.12.2002. Due to domestic issues among respondent No.2 and petitioner No.1, respondent No.2 stated to have consumed few tablets resulted in taking her to the hospital to get medical aid. Later on she was discharged from the hospital and she had gone to her parents house. In this back drop, 2nd respondent proceeded to initiate proceedings under 498(A), 324, 506 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Simultaneously, matrimonial case was registered for divorce and so also for maintenance.
3. During pendency of the present petition, parties have settled their score by filing memorandum of settlement under Section 89 of Code of Civil Procedure r/w Section 320 of Code of Criminal Procedure before the IX Additional District Judge and Session Judge, Bengaluru Rural District, Benglauru in Criminal Appeal No.26/2018. Pursuant to the settlement among the parties, Criminal Appeal No.26/2018 was disposed of.
In the memorandum of settlement, parties have agreed to get close of the present case arising out of complaint for the offences punishable under Sections 143, 498(A), 324, 506 r/w 140 of IPC and 3 and 4 of the Dowry Prohibition Act, 1961.
Para No.8 of the settlement reads as under:
8. In view of amicable settlement arrived between the parties, the respondent has agreed to close/settle/withdraw /compromise the case pending before the Hon’ble Chief Judicial Magistrate at Bengaluru in C.C. No.3349/2010 registered by the Tavarakere Police for the offences punishable under Sections 143, 498(A), 324, 506 r/w Section 149 of IPC and Section 3 & 4 of Dowry Prohibition Act against the Appellant, his father and his sisters and the said criminal case shall be closed on or before 05/10/2019 and the Respondent shall c-operate in all aspects to get close the case.
4. In view of the aforesaid development, parties intends to seek for quashing of the FIR in Crime No.163/2010 registered for the offence punishable under Section 498(A), 324, 506 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Accordingly, proceedings in C.C. No. 3349/2010 on the file of Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru is quashed. Criminal petition stands allowed.
Sd/- JUDGE BS