IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF APRIL 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4474 OF 2014 BETWEEN:
1. SRI VIJAY VENKATARAO MANAY S/O VENKATARAO MANAY, AGED 43 YEARS, RESIDING AT 1675, MOTTMAN RD SW, ROOM NO.212, TUMAWATER, WASHINGTON 98512 USA 2. SMT. SANDHYA KUKKUJE W/O CHANDRASHEKAR KUKUNJE, RESIDING AT NO. 39, 4TH CROSS, 1ST STAGE, VINAYAKA LAYOUT, HEBBAL, KEMPAPURA, BENGALURU-560024.
3. SRI. GAURAV KUKKUJE S/O CHANDRASHEKAR KUKUNJE, AGED 45 YEARS AS PER FIR ACTUALLY, AGED 18 YEARS, RESIDING AT 39, 4TH CROSS, 1ST STAGE, VINAYAKA LAYOUT, HEBBAL, KEMPAPURA, BENGALURU-560024.
4. SMT. VIDYA RAJ JADHAV W/O RAJ JADHAV, AGED 45 YEARS, RESIDING AT FLAT NO. 304, MATOUK CAFE BUILDING, KHALIDYA ABU DHABI, UAE-34657. ... PETITIONERS (BY SRI: ACHAPPA P B, ADVOCATE) AND 1. SMT KAUSALYA W/O MR. RUDRAJI RAO, AGED ABOUT 62 YEARS, RESIDING AT 76/2, RANGARAO ROAD, SHANKARPURAM, BANGALORE CITY, KARNATAKA-560004.
2. THE STATE OF KARNATAKA BY AMRUTHAHALLI POLICE STATION, SAMPIGEHALLI SUB-DIVISION, BANGALORE DISTRICT, BENGALURU-560092. ... RESPONDENTS (BY SRI : VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R2; SMT: JAMUNA BAI, ADVOCATE FOR R1) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.30/14 OF AMRUTHALLY POLICE STATION, BANGALORE CITY, PENDING BEFORE THE C.M.M., COURT, BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Learned counsel for the petitioners and learned counsel for respondent No.1 and learned Addl. SPP for respondent No.2 are present.
2. A joint memo is filed by respondent No.1 and learned Advocate for the petitioners seeking to quash the proceedings. The joint memo reads as under:-
The petitioners herein and Smt. Kausalya, W/o. Mr. Rudraji Rao, the informant in Cr.No.30 of 2014 and the respondent No.1 herein brings it to the kind notice of this Hon’ble Court that the daughter of the Respondent No.1 Ms. Anupama Rao who was married to the petitioner No.1 herein i.e., Sri. Vijay Venkatarao Mane on 31.08.2011 at Vasavi Convention Center V.V. Puram, have resolved their disputes and have also obtained a Decree of Divorce from the Superior Court of Washington In and For Thurston County Family and Juvenile Court, the proceeding copy of which is produced by the petitioner at Annexure- “E” in the captioned case. In the light of the Marriage between Mr. Anupama Rao and the petitioner No.1 herein, the respondent No.1 seek to withdraw all the allegations made by her against the petitioners herein and accordingly prays that this Hon’ble Court be pleased to allow the captioned petition as no useful purpose would be served by allowing Cr.No.30 of 2014 be pending on the files of the Chief Metropolitan Magistrate Court at Bengaluru. Accordingly, the captioned petition be allowed in the interest of justice.”
3. Memo is placed on record. In support of the said memo, respondent No.1 has sworn to an affidavit, wherein she has stated that marriage between her daughter and Sri. Vijay Venkatarao Manay has been dissolved in a proceeding initiated before the Superior Court of Washington In and For Thurston County Family and Juvenile Court, a copy of which is enclosed at Annexure-“E”. In the light of the above, she has withdrawn all the allegations made in the first information lodged by her before respondent No.1 police.
4. Based on the complaint lodged by respondent No.1, FIR has been registered against the petitioners for the offences punishable under sections 498A, 420 r/w 34 Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act. Since the marriage between petitioner No.1 and daughter of the victim has been annulled by a decree of the Court of competent jurisdiction and the complainant has withdrawn all the allegations made against the petitioners, there is no legal impediment to accept the said compromise and permit the parties to compound the offences.
5. Accordingly, the petition is allowed. The proceedings initiated against the petitioners in Cr.No.30/2014 pending on the file of CMM Court, Bengaluru is quashed.
Sd/- JUDGE *mn/-