IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF JULY, 2019 BEFORE THE HON’BLE MR.JUSTICE P.S.DINESH KUMAR CRIMINAL PETITION NO.4538 OF 2019 BETWEEN 1. PRAMESH, S/O K K KUMARASWAMY, AGED 44 YEARS.
2. KRISHNAVATHI, S/O K K KUMARSWAMY, AGED 67 YEARS.
3. K K KUMARSWAMY, S/O K P KRISHNEGOWDA, AGED 73 YEARS.
ALL ARE RESIDING AT KUMBARADI VILLAGE, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT-573134. ... PETITIONERS (BY SRI MAHESH C M, ADVOCATE ) AND 1. THE STATE OF KARNATAKA, BY SAKALESHAPURA POLICE STATION, HASSAN-573134, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001.
2. SMT HITHASHRI, W/O PRAMESH, AGED 33 YEARS, KUMBARADI VILLAGE, HANUBALU HOBLI, SAKALESHPURA TALUK, HASSAN DISTRICT – 573 134. ... RESPONDENTS (SMT K.P.YASHODHA, HCGP FOR R1, SRI SHIVAYOGESHA SHIVAYOGIMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE FIR BEARING CR.NO.246/2016 REGISTERED WITH SAKALESHPURA RURAL POLICE STATION, SAKALESHPURA, HASSAN UNDER SECTION 498-A,323,324,506 READ WITH 149 OF IPC AND SECTION 3 AND 4 OF D.P. ACT PENDING ON THE FILE OF ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., SAKALESHPURA, HASSAN DISTRICT.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioners have challenged proceedings initiated against them under Sections 498A, 323, 324, 506 r/w Section 149 of IPC and Sections 3 and 4 of the Dowry Prohibition Act by the second respondent by registering FIR No.246/2016 in Sakaleshpura Rural Police Station on 09.10.2016.
2. Heard Sri Mahesh C M, learned advocate for the petitioners and Smt. K P Yashodha, learned HCGP for the State and Sri. Shivayogesha Shivayogimath, for the respondent No.2.
3. Learned advocates for the petitioner and 2nd respondent jointly submit that the parties have settled the matrimonial dispute amicably. Accordingly, they have filed a Joint Affidavit of even date, duly signed by the petitioners, respondent No.2 and their respective advocates with a prayer to quash the proceedings in Crime No.246/2016. They pray that this petition be disposed of in terms of the said Joint Affidavit.
4. The petitioners and respondent No.2 are present and identified by their respective advocates. They admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted. The Joint Affidavit reads as follows:
“ We Pramesh S/o K K Kumarswamy, Aged 44 years, Krishnavathi W/o K K Kumarswamy, Aged 67 years. K.K Kumarswamy S/o K P Krishnegowda, Aged 73 years. Smt.Hithashri W/o Pramesh, Aged 32 years. All are R/at Kumbaradi Village, Hanubalu Hobali, Sakaleshwarpura Taluk, Hassan do hereby solemnly affirm and state on oath as follows:-
1. We are Petitioner No. 1 to 3 and respondent No.2 in the above case, as such we are well conversant with the facts of the case and hence, we are swearing to this affidavit.
2. In the present petition we have challenged the correctness and legality of the continuance of the proceedings in Crime No.246/2016, emanating out FIR bearing
498-A and 323, 324, 506, 149 of India Penal Code, Read with Section 3 and 4 of Dowry Prohibition Act, Before the Court of Learned Additional Civil Judge (Jr Dn) and JMFC Court, Sakaleshwarpura, Hassan District.
3. We humbly submit that the Family member have advised us to settle the matter amicably in order to live in the society peacefully. The compromise is in the interest of both the parties, due to wedlock between Complainant and Pramesh one girl child is born by Name Krisha, with the consent of Hitashri the mother of the child, the baby Krisha is studying in Bangalore and mother can visit the child at any point of time and respondent No.2, that is mother of the child can take out the baby during her school Holidays, and it is agreed that the 2nd respondent will not disturb the education of the child who is studying in Bangalore.
4. We humbly submit that the 2nd respondent has no objection to quash these proceedings against the petitioners and discharge them from all the allegations.
WHEREFORE, the Petitioners and Respondent No.2 most humbly pray that this Hon’ble Court may kindly be pleased to permit the parties to compromise the matter and consequently quash the FIR bearing Crime No.246/2016, registered with Sakaleshapura rural Police Station, Sakaleshapura, Hassan. Under Section 498- A and 323, 324, 506, 149 of India Penal Code read with Section 3 and 4 of Dowry Prohibition Act, 1961, filed in the Court of Learned Additional Civil Judge (Jr Dn) and JMFC Court, Sakaleshapura, Hassan District.”
5. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. Parties have settled the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in Crime No.246/2016 registered with Sakaleshpura Rural Police Station, Sakaleshpura, Hassan under Sections 498-A, 323, 324, 506 r/w 149 of IPC and Sections 3 and 4 of D.P. Act pending on the file of Additional Civil Judge (Jr. Dn.) and J.M.F.C., Sakaleshpura, Hassan District, are quashed.
6. Petition is accordingly disposed of. No costs.
Sd/- JUDGE ykl