IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.3965 OF 2018 BETWEEN:
1. SRI. VENKATESH POOLU S/O POOLU RAMASWAMY KONAR AGED ABOUT 34 YEARS PRESENTLY R/AT #502 VAISHALI TOWER BALRAJESHWARI ROAD MULAND (WEST), MUMBAI-400 080 2. SRI. POOLU RAMASWAMY KONAR S/O RAMASWAMY KONAR AGED ABOUT 64 YEARS PRESENTLY R/AT #502 VAISHALI TOWER VAISHALI NAGAR, MULUND (WEST) MUMBAI-400 080 3. SRI. MUTTHAMMAL POOLU KONAR W/O POOLU RAMASWAMY KONAR AGED ABOUT 53 YEARS PRESENTLY R/AT #502 VAISHALI TOWER BARAJESHWARI ROAD MULUND (WEST) MUMBAI-400 080 … PETITIONERS (BY SHRI. S. VISHWAJITH SHETTY, ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY HENNUR POLICE STATION, BENGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS BENGALURU-560 001 2. MRS. SANKARAMMAL W/O VENKATESH POOLU AGED ABOUT 32 YEARS R/AT C/O S. NARAYANAN YADAV OLD NO.3/208C, NEW NO.3/477C NORTH STREET, MAIN ROAD SRI.VENKATESHAPURAM PIEKULAM VILLAGE TALUKA:SATHANKULAM DISTRICT:TUTICORIN TAMILNADUR-628 061 NOW R/AT #2, 3RD CROSS NEAR LOGOS CHURCH TOWNSHIP BABUSAPALYA BENGALURU-560 043 ... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R-1; SHRI. V. PRAKASH, ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.50940/2016, PENDING BEFORE THE COURT OF XI ACMM AT BANGALORE REGISTERED FOR THE OFFENCE P/U/S 498A R/W 34 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.
2. Second respondent is first petitioner’s wife. She filed FIR No.23/2015 on 25.01.2015 in Hennur Police Station, Bangalore, against the petitioners for offences punishable under Sections 498A r/w 34 of IPC, and Sections 3 & 4 of the Dowry Prohibition Act. Petitioners have challenged initiation of criminal proceedings against them in this petition.
3. The parties having resolved the dispute amicably, an affidavit of respondent No.2 has been filed with a prayer to quash the proceedings before the learned trial Judge. First petitioner and second respondent are present before the Court. It is submitted by Shri S.Vishwajit Shetty, learned advocate for the petitioners that third petitioner has undergone cataract operation and therefore, she is unable to be present before the Court. Second petitioner is third petitioner’s husband and it is submitted that he is required to take care of her. Accordingly, their presence is exempted and they are permitted to be represented by learned advocate for the petitioner.
4. Second respondent submits that she does not desire to continue the criminal proceedings against the petitioners. The affidavit of second respondent reads as follows:
” AFFIDAVIT I Sankarammal Venkatesh @ Sankarammal Narayanan, Aged about 32 years, R/at C/o S.Narayanan Yadav, Old no.3/208C, New No.3/477C, North Street, Main Road, Sri.Venkateshapuram, Peikulam village, Taluka: Sathankulam, District: Tuticorin, Tamilnadu 628 061, do hereby solemnly affirm and state on oath as follows:
2. I am the 2nd respondent/complaint in the above petition and I am aware the facts and circumstances of the case and hence deposing as hereunder:
3. I submit that I and the petitioners at the intervention of the elders and well wishers have decided to put an end to the dispute between ourselves. Both of us have now reconciled and both we agreed to live happy married life as wife and husband lifelong and therefore, we have decided to withdraw all the cases filed by against each other I myself volunteer to withdraw the complaint lodged by me which is pending before the Court of 11 A.C.M.M at Bengaluru in C.C. no.50940/2016 for offence under sections 498A read with section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. I submit that there is no coercion or undue influence on me for settling the matter and for withdrawing the criminal complaint lodged by me against the petitioners herein. Under the circumstances, I and the petitioners jointly submit that this Hon’ble Court may be pleased to quash the entire proceedings.
WHEREFORE, I pray that this Hon’ble Court may be pleased to quash the entire proceedings, in the interest of justice.”
5. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. The parties have resolved the dispute amicably. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly, all proceedings in C.C.No.50940/2016 on the file of 11th Addl. CMM, Bengaluru, are quashed.
6. Petition disposed of. No costs.
Sd/- JUDGE Yn.