IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF AUGUST, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 1363 OF 2016 BETWEEN:
1. SRI. T. RAJESH AGED ABOUT 49 YEARS S/O LATE THIMMASHETTY RESIDING AT NO.135 3RD CROSS, HOSSABEEDI POST OFFICE ROAD KUMBARAKOPPAL MYSORE.
2. SMT. LAKSHMAMMA AGED ABOPUT 57 YEARS S/O LATE THIMMASHETTY RESIDING AT NO.135 3RD CROSS,HOSSABEEDI POST OFFICE ROAD KUMBARAKOPPAL MYSORE.
3. SMT. JAYALAKSHMMI @ LAKSHMI AGED ABOUT 30 YEARS W/O VENKATACHALA RESIDING AT NO.2326 VINAYAKA NAGARA 3RD CROSS,PADUVARAHALLI MYSORE. ... PETITIONERS (BY SRI. K S BHEEMAIAH, ADVOCATE) AND 1. THE STATE OF KARNATAKA REPRESENTED BY MAHILA POLICE MYSORE CITY BY THE PUBLIC PROSECUTOR BANGALORE CITY.
2. SMT. MANGALAGOWRI @ PUTTA MANGALA S AGED ABOUT 29 YEARS W/O SRI RAJESH T RESIDING AT NO.379 9TH CROSS, NEHRU NAGARA SATHAGALLI EXTENSION UDAYAGIRI, MYSORE.
... RESPONDENTS (BY SRI. VIJAYAKUMAR MAJAGE, ADDL. SPP., FOR R1) (BY SRI APPANNA M.S., ADV. FOR R.2) THIS CRIMINAL PETITON IS FILED U/S.482 CR.P.C BY THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET IN CR.NO. 128/2007 AND THE ENTIRE PROCEEDINGS PENDING BEFORE THE IV ADDL. CIVIL JUDGE (Sr.Dn) AND CJM, AT MYSORE IN C.C.NO.12/2008, VIDE ANNEXURE-A AND D.
THIS CRIMINAL PETITION COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri. M.S. Appanna, learned counsel seeks leave to enter appearance on behalf of respondent No.2. He is permitted to file Vakalath in the office.
2. Sri. T Rajesh, Smt. Lakshmamma and Smt.
Jayalakshmmi @ Lakshmi (Accused nos.1 to 3) and their counsel Sri. K.S. Bheemaiah and respondent No.2 Smt. Mangalagowri @ Putta Mangala S and her Counsel Sri. M.S. Appanna are present. On behalf of Respondent No.1- State, learned Addl. S.P.P. is also present.
3. The above petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings initiated against the petitioners in C.C.No.12/2008 pending on the file of IV Addl. Civil Judge (Sr.Dn.) and CJM, Mysuru for the offences punishable under Sections 498A, 506 r/w Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
4. Petitioners and respondent No.2 have filed a joint affidavit duly executed by them. In the said affidavit, it is stated that marriage between petitioner No.1 and respondent No.2 has been dissolved by a decree of divorce under Section 13-B of the Hindu Marriage Act, 1955, in M.C.No.588/2014 vide order dated 18.08.2015. In terms of the said decree, respondent no.2 has withdrawn all the allegations made against the petitioners leading to registration of proceedings in C.C.No.12/2008 arising out of Cr.No.128/2007. Respondent No.2 submits that she has executed the above affidavit without any force, coercion or undue influence and in view of the mutual settlement arrived at between the parties, she has withdrawn all the allegations made against the petitioner and requests the Court to quash the proceedings in C.C.No.12/2008 pending on the file of IV Addl. Civil Judge (Sr.Dn.) & CJM, Mysuru.
5. Parties are identified by their respective advocates.
As the parties have mutually settled their inter-se disputes and respondent no.2 has withdrawn all the allegations made against the petitioners, no purpose would be served in continuing with the prosecution. Accordingly, the joint affidavit filed by the parties is accepted.
Petition is allowed. The proceedings in C.C.No.12/2008 arising out of Cr.No.128/2007 registered by respondent-police, pending on the file of the IV Addl. Civil Judge (Sr.Dn.), & CJM, Mysuru, are quashed.
Sd/- JUDGE psg*