IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.436/2019 BETWEEN:
VIJENDRA KUMAR Y.S.
S/O SURYANARAYANA SHETTY AGED 40 YARS OCCUPATION: SINGER RESIDENT OF NEAR PAVAN PROVISION STORE, SANTHE BEEDI NEXT TO VASAVI TEMPLE MANCHANAHALLI, GOURIBIDANURU TALUK, CHIKKABALLAPUR DISTRICT PRESENTLY RESIDING AT:
NO.58 A-2, BOMARA HEIGHTS EAT STREET, GANDHI BAZAR NEAR GURU RAGHAVENDRA STORES BENGALURU – 560 004.
(BY SRI. MADHAV KASHYAP FOR SRI.PRASANNA KUMAR P., ADVOCATES) AND:
1. STATE OF KARNATAKA REPRESENTED BY ITS SESHADRIPURAM POLICE STATION, BENGALURU REPRESENTED BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING DR. B.R. AMBEDKAR VEEDHI BENGALURU - 560 001.
... PETITIONER 2. MS. SUMA D/O S.N. JAGANNATH SHETTY AGED 37 YEARS RESIDING AT NO.14 SHIVA KRUPA, 1ST FLOOR 8TH CROSS, PIPELINE ROAD MALLESWARAM BENGALURU - 560 003.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. ASHISH KRUPAKAR., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ORDER DATED:31.10.2017 PASSED BY THE LEARNED LVI A.C.M.M., BANGALORE IN C.C.NO.26216/2017 THEREBY ORDERING TO TAKE COGNIZANCE AGAINST THE PETITIONER FOR COMISSION OF OFFENCE U/S 498A, 506 OF IPC AND ORDERING TO REGISTER CRIMINAL CASE AND ISSUE SUMMONS AND CONSEQUNELTY QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.26216/2017 PASSED BY THE LVI A.C.M.M., BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is sole accused in C.C.No.26216/2017 and who is facing criminal prosecution for the alleged offence punishable under Sections 498A, 506 of IPC registered by Sheshadripuram Police Station pending on the file of LVI Addl. Chief Metropolitan Magistrate, Bengaluru, is before this Court for quashing of said proceedings.
2. Today, I.A.No.1/2019 along with joint affidavit has been filed jointly by petitioner and second respondent stating thereunder that second respondent had also filed M.C.No.4252/2014 before Family Court, Bengaluru, for dissolution of marriage with petitioner and in the said dispute, an agreement came to be entered into between parties before the Bangalore Mediation Centre and Family Court has accepted said agreement and dissolved the marriage solemnised between petitioner and second respondent on 13.05.2007 by judgment and decree dated 06.06.2018. Hence, second respondent has stated that she has no objection for quashing of the present proceedings, which is an off shoot of the complaint given by her and she also expressed her consent for quashing of the proceedings in the joint affidavit.
3. Parties are present before Court and they reiterate the contents of joint affidavit filed along with I.A.No.1/2019. Second respondent submits that out of her own free will and volition, without any threat, force or coercion she has affixed her signature to the joint affidavit and submits that she is not inclined to continue with the proceedings initiated by her against petitioner. To establish the identity of the parties present before Court, photocopies of identity cards issued by the statutory authority are produced along with the memos. In token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to the joint affidavit as well as photocopies produced along with memos.
4. In the light of aforestated facts and keeping in mind the principles laid down by the Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioner would not sub-serve the ends of justice and it would be an abuse of process of law and as such, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following: ORDER (i) I.A.No.1/2019 and criminal petition are allowed.
(ii) Proceedings pending against petitioner C.C.No.26216/2017 registered for the alleged offences punishable under Sections 498A, 506 of IPC by Sheshadripuram Police Station on the file of LVI Addl. Chief Metropolitan Magistrate, Bengaluru, is quashed and petitioner is acquitted of aforesaid offences.
SD/- JUDGE DR