IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.124 OF 2019 BETWEEN:
SRI SABITRA SUBHADARSHAN PANDA S/O. K.M. PANDA AGED ABOUT 33 YEARS, R/AT NO.2, 1ST FLOOR LAGRES, 5TH MAIN, B BLOCK, VINAYAKANAGAR BENGALURU-560037 ... PETITIONER (BY SRI. K.B.K. SWAMY, ADV.) AND:
1. STATE BY AIRPORT POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU-560017 2. SMT SWANKITA KAR W/O SABITRA SUBHADARSHAN PANDA AGED ABOUT 30 YEARS, R/AT A4, EMPORIUM MANJUNATH APARTMENT, 2ND CROSS, ENDANAL ROAD MURGESHPALYA BENGALURU-560020 PRESENTLY RESIDING AT FLAT NO.103, 1ST FLOOR, NO.95/4, MES COLONY, KONENA AGRAHARA, BENGALURU-560017 ….RESPONDENTS [BY SRI. S. CHANDRASHEKARAIAH, HCGP FOR R1; SRI. A. RAMESH GOWDA, ADV., FOR R2] THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.17/2016 (NOW C.C.NO.55346/2016), REGISTERED BY AIRPORT POLICE STATION, BENGALURU, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 506 OF IPC, NOW PENDING ON THE FILE OF THE X ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, AT BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is sole accused in C.C. No.55346/2016 [arising out of Crime No.17/2016] registered by Airport Police Station, for the offences punishable under sections 498A, 323, 506 of IPC, pending on the file of X Additional Chief Metropolitan Magistrate, Bengaluru, has sought for quashing of present proceedings.
2. Marriage between petitioner and Respondent No.2 came to be solemnized on 2.5.2014 at Bhubhaneshwar and on account of certain disputes having arisen between them, it has resulted in several disputes. Respondent No.2 herein filed a petition under section 13[1][ia] of the Hindu Marriage Act, 1955, for dissolution of marriage in M.C. No.1902/2016. She has also lodged a complaint on 11.01.2016 with Airport Police Station, alleging harassment and assault by petitioner which resulted in registration of FIR in Crime No.17/2016. After investigation, Police have filed charge sheet against petitioner for the aforesaid offences.
3. Today, a joint affidavit has been filed by petitioner and Respondent No.2 who are present before Court stating there under that their marriage has irretrievably broken down and they have settled their disputes in M.C. No.1902/2016 by entering into a settlement, copy of which is produced at Annexure-E. The jurisdictional family Court has accepted said settlement and granted dissolution of marriage sought for by the petitioner therein i.e., Respondent No.2 herein. Respondent No.2 who is present before Court has submitted that she has affixed her signature to the joint affidavit voluntarily and without any force or threat and she has no objection for proceedings pending against petitioner being quashed. She is identified by learned counsel appearing on her behalf Mr. A. Ramesh Gowda.
Petitioner is also present before Court and he is identified by learned Advocate representing him Sri.
K.B.K. Swamy. Photocopies of identity card relating to Respondent No.2 is attached to joint affidavit filed today.
4. In the light of matrimonial dispute which was pending between parties, having been resolved, continuation of present proceedings would be unnecessary and it would not serve any purpose as held by Hon’ble Apex Court in the case of ‘GIAN SINGH v. STATE OF PUNJAB AND ANOTHER’ reported in [2012] 10 SCC 303.
5. Hence, there is no impediment to accept the joint affidavit and grant prayer sought for.
Hence, the following:
ORDER [a] Criminal Petition is allowed.
[b] Proceedings pending against petitioner in C.C. No.55346/2016 registered by Airport Police Station, Bengaluru, for the offences punishable under sections 498[A], 323, 506 of IPC, pending on the file of X Additional Chief Metropolitan Magistrate, Bengaluru, is quashed. Petitioner is acquitted of the said offences.
SD/-
JUDGE AN/-