IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.3033/2018 BETWEEN:
1. SRI. SHARATH KIRAN KUNJU AGED ABOUT 29 YEARS S/O LATE DANIEL ACHAN R/A #12/1, HAYES ROAD RICHMOND TOWN BENGALURU – 560 025.
2. SMT. LETTY ANN ACHAN KUNJU W/O LATE DANIEL ACHAN KUNJU AGED ABOUT 56 YEARS R/A #12/1, HAYES ROAD RICHMOND TOWN BENGALURU – 560 025.
(BY SRI. UDAYA PRAKASH., ADVOCATE) AND:
1. THE STATE OF KARNATAKA REPRESENTED BY ASHOK NAGAR POLICE STATION, STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. SMT. SAMANTH ANN CONQUEST W/O SHARATH KIRAN AGED 26 YEARS R/A #323, 7TH MAIN ... PETITIONERS 3RD CROSS, VIVEKNAGAR BENGALURU – 560 047.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... RESPONDENTS SRI. H.M. MURLIDHAR., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.20931/2014 ON THE FILE OF THE VI A.C.M.M., BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused Nos.1 and 2 in C.C.No.20931/2014 registered for the offences punishable under Sections 498A r/w 34 of IPC and Section 4 of Dowry Prohibition Act, 1961, by Halasurgate Police Station, pending on the file of XI Addl. Chief Metropolitan Magistrate, Bangalore, are before this Court for quashing of the said proceedings.
2. Petitioners and second respondent- complainant have filed an application under Section 320 of Cr.P.C. for quashing of above said proceedings contending interalia that in M.C.No.4049/2017 they have settled their disputes and a decree of divorce has also been passed dissolving the marriage solemnised between them. Second respondent – Complainant has also filed an affidavit to the said effect and she has also stated that she has no objection for quashing of the proceedings initiated by her against the petitioners.
3. Petitioners and Second respondent – complainant are present before Court and they reiterate the contents of application filed along with affidavit. Second respondent-Complainant submits that out of her own free will and volition, without any threat, force or coercion she has affixed her signature to the application filed on 18.02.2019. She also submits that she is not inclined to continue with the proceedings initiated by her against petitioners.
4. To establish the identity of first petitioner and second respondent –complainant photocopies of identity cards issued by the statutory authority is produced along with a memo and parties present before Court are also identified by their respective learned Advocates. In token of having identified the parties present before Court, learned Advocates appearing for parties have also affixed their signatures to the application.
5. In the light of aforestated facts and 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, this Court is of the considered view that continuation of further proceedings against petitioners would not sub-serve the ends of justice and it would be an abuse of process of law. Hence, this Court finds there is no impediment to grant the prayer sought for.
For aforestated reasons, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.20931/2014 registered for the offences punishable under Sections 498A r/w 34 of IPC and Section 4 of Dowry Prohibition Act, 1961, by Halasurgate Police Station, on the file of VI Addl. Chief Metropolitan Magistrate, Bangalore, is quashed and petitioners are acquitted of above said offences.
SD/- JUDGE DR