IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18th DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.368/2019 BETWEEN:
1. SRI. SUNIL KUMAR P.G S/O LATE THONDAHALLI PUTTARAJU AGED ABOUT 31 YEARS 2. SMT. GOWRAMMA @ S. GOWRIE W/O LATE THONDAHALLI PUTTARAJU AGED ABOUT 64 YEARS BOTH ARE RESIDING AT NO.216, 2ND CROSS 1ST MAIN ROAD, 1ST BLOCK KORAMANGALA, JAKKASANDRA BENGALURU-560 0034.
... PETITIONERS (BY SRI. BHANU PRAKASH H.V., ADVOCATE) AND:
1. STATE BY MICO LAYOUT P.S., BENGALURU CITY REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDINGS BANGALORE-560 001.
2. SMT. PRIYANKA KARKAL W/O SUNIL KUMAR P.G., D/O SUKUMAR KARKAL AGED ABOUT 27 YEARS R/AT NO.615/10, 5TH CROSS 1ST MAIN, RAGHAVENDRA COLONY BEHIND, II MB, BANNERGHATTA ROAD, BENGALURU-560 076.
... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1;
M/S SHARATH AND ASSOCIATES, ADVOCATES FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE MICO LAYOUT P.S, i.e., RESPONDENT NO.1 IN C.C.NO.31547/2018 (CR.NO.163/2018) FOR THE OFFENCES P/U/S 498A AND 34 OF IPC PENDING PROCEEDINGS ON THE FILE OF THE LEARNED VI ACMM, BANGALORE VIDE ANNEXURE-C AND D.
THIS CRIMINAL 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 C.C.No.31547/2018 registered for the offences punishable under Section 498A r/w Sections 34 of IPC by Mico Layout Police Station are seeking for quashing of said proceedings.
2. Today learned Advocates appearing for parties have filed an application under Section 320 r/w Section 482 Cr.P.C enclosing memo along with affidavits of petitioners and second respondent stating thereunder that disputes amongst them have been settled amicably and as such second respondent has no objection for proceedings pending against petitioners being quashed.
3. I have heard the arguments of learned Advocates appearing for parties including learned HCGP appearing for respondent No.1. Perused the case papers.
4. Marriage between petitioner and second respondent was solemnized on 29.11.2015 at Elaan Convention Center, Bengaluru and registered before the Registrar of Marriages, Bommanahalli, Bengaluru vide certificate No.BMH-HM842-2015-16 on 02.12.2015. On account of certain disputes having arisen between them second respondent herein filed M.C.No.3409/2018 for dissolution of marriage, which is filed under Section 13(1)(ia) of Hindu Marriage Act, 1955 and has also filed Crl. Misc. No.104/2018 seeking maintenance and compensation which is pending before the VI MMTC, Bangalore.
5. Second respondent-wife had filed a complaint on 08.06.2018 with the Mico Layout Police Station alleging that she had been physically and mentally tortured by petitioners herein. Said complaint came to be registered in Crime No.163/2018 for the offences aforestated. After investigation charge sheet has been filed. In the meanwhile, in the pending M.C.No.3409/2018 matter came to be referred to mediation wherein parties are said to have entered into settlement as per the memorandum of settlement dated 03.12.2018. Said memorandum of settlement arrived at between parties also came to be accepted by the jurisdictional Family Court in M.C.No.3409/2018.
6. A perusal of said settlement would disclose that complainant-second respondent herein has agreed to receive `13 lakhs towards her entire claims in full and final settlement and she has already got gold ornaments worth of `6,00,000/- and balance amount `7,50,000/- (Rupees Seven Lakhs Fifty Thousand only) was paid through demand draft bearing No.878902 dated 03.12.2018 drawn on State Bank of India, Koramangala 3rd Block Branch, Bengaluru by the first petitioner. She has also agreed to withdraw the case pending on the file of VI MMTC, Bengaluru in Crl.Misc. No.104/2018 and also agreed to co-operate with the petitioners for quashing the proceedings pending in C.C.No.31547/2018 pending on the file of 6th ACMM, Bengaluru for the offences punishable under Section 498A r/w 34 IPC.
7. Second respondent, who is present before the Court reiterates the contents of the application filed today and submits that she has no objection for quashing the proceedings. She further submits that without any force, threat or coercion and out of her own free will and volition she has entered into said application. Petitioners and second respondent are also present before the Court and they are identified by their learned Advocates. A memo is filed enclosing photocopies of the identity cards of both parties issued by the statutory authorities and in token of identifying them respective learned Advocates have also affixed their signatures to the said application.
8. In the light of aforestated facts, this Court is of the considered view that said application deserves to be accepted, since the complainant has agreed to withdraw the complaint lodged by her against the petitioners and as such continuation of proceedings against petitioners would not sub-serve ends of justice or in other words, it would not serve any fruitful purpose. Even if the proceedings are continued against the petitioners, the complainant would become hostile on the basis of present material available on record and it would not lead to conviction of accused persons.
9. Keeping in mind the principles laid down by the 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 proceedings would not be conducive even in the interest of parties and it would be an abuse of process of law.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is hereby allowed.
(2) Proceedings pending in C.C.No.31547/2018 registered by Mico Layout Police Station for the offences punishable under Section 498A r/w Sections 34 of IPC is hereby quashed.
(3) Petitioners are acquitted of the said offences.
SD/- JUDGE RU