IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE G. NARENDAR CRIMINAL PETITION NO.7553 OF 2019 BETWEEN 1. Sri Sanjeev Hulsandra Aged about 37 years S/o Pattabhi Krishnamurthy Hulsandra Presently R/at Sunny Dale No.83/1, Next to Sarala Birla Academy Bannerghatta – Jigani Road Bengaluru – 560 083 2. Smt. Jaya Hulsandra W/o Pattabhi Krishnamurthy Hulsandra Presently R/at Sunny Dale No.83/1, Next to Sarala Birla Academy Bannerghatta – Jigani Road Bengaluru – 560 083 3. Sri Pattabhi Krishna Murthy Hulsandra Presently R/at Sunny Dale No.83/1, Next to Sarala Birla Academy Bannerghatta – Jigani Road Bengaluru – 560 083 …Petitioners (By Sri Kumbar Vasant Fakeerappa, Advocate) AND 1. State of Karnataka By Halasoor Gate Women’s Police Station Represented by State Public Prosecutor High Court of Karnataka Ambedkar Veedhi Bengaluru – 560 001 2. Smt. Sujanya W/o Sanjeev Hulsandra Aged about 32 years R/at Residential Apartment Flat No.44, 4th Floor Shalimar Apartment Hayes Road Cross Municipal No.3/21 PID No.76-18-3/21 D’Souza Road Bengaluru – 560 025 …Respondents (By Smt. B.G.Namitha Mahesh, HCGP for R1; Sri Shankarappa S, Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C., praying to quash the entire proceedings in C.C.No.22950/2017 pending on the file of the VI ACMM at Bengaluru vide Annexure-D for the offence punishable under Section 498A, 506 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 Heard the learned counsel for the petitioners, learned counsel for the second respondent and the learned HCGP for first respondent/State.
2. This petition is preferred praying to quash the proceedings in C.C.No.22950/2017 pending on the file of the VI Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.98/2016 registered on 09.12.2016 on the complaint made by the second respondent for the offence punishable under Section 498A, 506 of IPC read with Section 3 and 4 of D.P.Act.
3. A perusal of the complaint, does not disclose that the complainant/second respondent has suffered any injury much less any grievous injury.
4. Today a joint affidavit is filed in the Court signed by both the petitioners and the second respondent and their respective counsels.
5. It is submitted that the marriage between the first petitioner and the second respondent has been dissolved by a decree of dissolution passed in MC No.2307/2018 dated 24.04.2019 and that the parties before the Mediation Centre arrived at a mutually agreeable settlement and that the second respondent has also agreed to withdraw the complaint. The terms of Joint memo reads as under:
“We, Sanjeev Hulsandra, aged about 37 years, S/o Pattabhi Krishnamurthy Hulsandra, Jaya Hulsandra W/o Pattabhi Krishnamurthy Hulsandra, Pattabhi Krishnamurthy Hulsandra all are residing at Sunny Dale, No.83/1, Next to Sarala Birla Academy, Bannerghatta-Jigani Road, Bengaluru-560 083 and Sujanya W/o Sanjeev Hulsandra, aged about 32 years, R/at Residential Apartment, Flat No.44, 4th Floor, Shalimar Apartment, Hayes Road Cross, Municipal No.3/21, PID No.76/18-3/21, D’Souza Road, Bengaluru – 560 025, do hereby solemnly affirm and state on oath as follows:
1. We state that, we are the petitioners and 2nd respondent in the above petition, as such we are conversant with the facts and circumstances of the above petition. Hence, we are swearing this affidavit.
2. We state that, 1st petitioner is the husband of the respondent No.2, 2nd and 3rd petitioners are parents of the 1st petitioner i.e., in laws of the 2nd respondent.
3. It is submitted that the above petition is filed by the petitioners questioning the continuation of further proceedings against the petitioners in C.C.No.22950/2017before the VI ACMM at Bengaluru for the alleged offence punishable under Section 498-A and 506 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, despite compromise being entered by the petitioner and respondent No.2 in M.C.No.2307/2018.
4. We state that, due to the intervention of friends and well-wishers we have arrived at a settlement and accordingly, the same was reduced into writing in M.C.No.2307/2018, whereby the marriage was solemnized between the 1st petitioner and 2nd respondent on 22.07.2012 at Vokkaligaraba Samudaya Bhavana, Balaraj Urs Road, Shimoga as per Hindu Rites and customs and same was registered on 06.08.2012, before the Registrar of Marriages, Shimoga vide Marriage Certificate No.SMG-HM194- 2012-13 stored in C.D.No.SGMM7, was dissolved by separating ourselves by way of divorce by way of judgment and decree passed by the Prl. Judge, Family Court at Bengaluru in M.C.No.2307/2018 dated 24.04.2019.
5. We state that, while enter into compromise, 2nd respondent has agreed that, all the complaint lodged against the petitioners will be withdrawn by her. Accordingly, now she is giving her consent to withdraw the complaint lodged against the petitioners by saying no objection to allow the prayer sought in the above Criminal Petition by quashing the complaint and charge sheet submitted by the respondent No.1 police.
6. We state that, we are the relatives due to intervention of well-wishers and friends we entered into compromise, said compromise is entered into by us with out own will and volition and there are no coercion or undue pressure created by any third parties to enter into this compromise.
7. We state that, we are appended our identity proofs along with this memo to show our identity before this Hon’ble Court.
8. We state that, if this compromise petition is not accepted we will be put to greater hard ship and inconvenience which cannot be compensated in any manner.
Wherefore, we pray that this Hon’ble Court be pleased to accept this compromise petition by way of Joint memo quash the entire proceedings in C.C.No.22950/2017 before the VI Additional Chief Metropolitan Magistrate at Bengaluru for the offence punishable under Sections 498-A and 506 of the Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act which was registered on the complaint lodged by the respondent No.2, to meet the ends of justice.
6. On a query, the second respondent would reiterate that she intends to withdraw the complaint and does not desire to further prosecute the complaint any longer. In view of the above, this Court is of the opinion that the principles laid down by the Hon’ble Apex Court in the case of GIAN SINGH VS STATE OF PUNJAB & ANR, can be invoked and is applicable to the facts and circumstances of the case. Further allowing the prosecution to reach its logical end would not advance cause injustice as no purpose would be served as the complainant/victim herself desire to withdraw the complaint, keeping in view the relationship as existed between the parties, this Court is of the considered opinion that the parties can be allowed to restart their lives afresh. Hence, Joint affidavit is taken on record. Consequently, petition stands allowed. Proceedings in C.C.No.22950/2017 pending on the file of the VI Additional Chief Metropolitan Magistrate, Bengaluru City stands quashed.
Ordered accordingly.
Sd/- JUDGE kmv