IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24th DAY OF JANUARY 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION No.8712/2017 BETWEEN:
1. V RAJU, S/O ASHOKA @ VASU, AGED ABOUT 30 YEARS, OCC:PRIVATE EMPLOYMENT, MANJUNATHANAGARA, GOKUL EXTENSION, TUMKUR TOWN – 572 220.
NOW RESIDENT OF C/O PREMAMMA RAMASHETTY LAYOUT, I CROSS, SAHAKARA NAGARA, BYTARAYANAPURA, BANGALORE – 560 098.
2. SMT PREMAMMA, W/O LATE RAMASHETTY, AGED ABOUT 61 YEARS, OCC:HOUSEHOLD, R/O MANJUNATHA NAGARA, GOKUL EXTENSION, TUMKUR – 572 220. …PETITIONERS (BY SRI.CHANDRASHEKARA K.A., ADVOCATE) AND:
1. SMT V SUPRIYA, D/O V RAJU @ VENKATARAMA S S @ VENKATARAJ S, AGED ABOUT 25 YEARS, OCC:PRIVATE EMPLOYMENT, R/O MANCHANBELE VILLAGE, CHIKKABALLAPURA TALUK, CHIKKABALLAPURA DISTRICT. NOW R/A C/O MOHANDAS, NO.4/355, MANJULAM NILAYAM, I CROSS, SABARINAGAR, BYATARAYANAPURA, BENGALURU – 560 092.
2. THE STATE OF KARNATAKA, BY THE POLICE OF CHIKKABALLAPURA RURAL POLICE STATION, CHIKKABALLAPURA.
REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001. …RESPONDENTS (BY SRI.S.RACHAIAH, HCPG FOR R2;
R1 SERVED AND UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.340/2012 PENDING ON THE FILE OF THE HON'BLE ADDITIONAL SENIOR CIVIL JUDGE AND JMFC CHIKKABALLAPURA FOR THE OFFENCE P/U/S 342 AND 498(A) R/W 34 OF IPC AND SECTION 4 OF DOWRY PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Petitioner has sought for quashing of the proceedings in C.C.No.340/2012 pending on the file of Addl.Senior Civil Judge & JMFC, Chickballapur, registered for the offences punishable under Sections 420, 323, 498-A r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. Marriage between 1st Petitioner and 1st Respondent came to be solemnized on 11.01.2011. On account of certain disputes having arisen between them, they were residing separately, which ultimately ended in a petition being filed under Section 13-B of Hindu Marriage Act by them for dissolution of marriage.
3. In the said petition, i.e., M.C.No.5018/2014, matter came to be referred to Mediation Centre for resolving the dispute, wherein parties have entered into an Agreement and a Memorandum of Agreement came to be filed under Section 89 of CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 and it was agreed to between the parties thereunder that 1st petitioner herein would pay to 1st Respondent herein (wife) a sum of Rs.2 lakhs, out of which, Rs.1 lakh had already been paid and it was agreed that balance amount of Rs.1 lakh would be paid before reporting settlement before the Family Judge and on such Agreement being drawn, matter came to be listed before the Family Court on 15.10.2015 and learned Family Judge recorded the presence of the parties and being satisfied with the settlement, accepted the same and marriage solemnized between the petitioner and 1st Respondent on 11.01.2011 came to be dissolved by granting decree of divorce.
4. In the light of the 1st Respondent herein having agreed to withdraw the criminal proceedings under said Agreement which she had initiated against the petitioner by filing a compliant, which was registered in Crime No.250/2011 now pending in C.C.No.340/12 having not been withdrawn, petitioner is before this Court for quashing of the said proceedings.
5. 1st Respondent is served and unrepresented.
The dispute between the parties relates to a matrimonial dispute and despite 1st Respondent having agreed to withdraw the case and having received the maintenance amount in full and final settlement and not having co- operated with the petitioner for withdrawal of the proceedings, this Court is of the considered view that continuation of present proceedings against petitioner would be an abuse of process of law and it would not sub serve the ends of justice.
6. 1st Respondent has not appeared before this Court to contest the claim of the petitioner and order sheet of M.C.No.5018/2014 clearly disclose that parties to marriage i.e., 1st petitioner and 1st Respondent have resolved their dispute. Hence, continuation of further proceedings would not be the best interest of the parties and it would be waste of precious judicial time.
7. Hence, I proceed to pass the following;
ORDER (i) Criminal Petition is allowed.
(ii) Proceedings pending in C.C.No.340/2012 on the file of Addl.Civil Judge & JMFC, Chickballapur, against petitioner for the offences under Sections 342 and 498-A r/w 34 of IPC and Section 4 of D.P.Act is hereby quashed.
(iii) Petitioner is acquitted of aforesaid offences.
Srl.
Sd/- JUDGE