IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF JULY, 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5033/2017 BETWEEN:
1. Y. VEERESH S/O. VENKANNA, AGED 21 YEARS, 2. VENKANNA S/O. LATE KONDAPPA, AGED 50 YEARS, 3. VENKAMMA W/O. VENKANNA, AGED 45 YEARS, ALL R/O HONNENAHALLI VILLAGE, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT – 583 131 … PETITIONERS (BY SRI. VISHAL KUMAR FOR SRI.R.KOTHWAL, ADVS.) AND:
1. THE STATE BY HALAVAGALU POLICE STATION, HARAPANAHALLI TALUK, DAVANAGERE DISTRICT – 583 131 REP. BY STATE PUBLIC PROSECUTOR 2. SMT. UMA S.
W/O. Y. VEERESH, AGED 25 YEARS, 3. SMT. LALITHAMMA NURSE, AGED ABOUT 30 YEARS, BOTH RESPONDENTS 2 AND 3 ARE R/O NITUVALLI EXTENSION, DAVANAGERE – 577 004 … RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-2; SRI. JAVEED S, ADV. FOR R-2 AND R-3) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C. PRAYING TO QUASH ALL THE PROCEEDINGS INITIATED IN C.C.NO.72/2016 (OLD C.C.NO.825/2013 IN CR. NO.89/2013) ON THE FILE OF SR. CIVIL JUDGE AND J.M.F.C., HARAPPANAHALLI BASED ON THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 POLICE VIDE ANNEXURE-B AGAINST THE PETITIONERS FOR THE ALLEGED OFFENCE P/U/S 323, 498(A), 504 AND 506 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who have been arraigned as accused in Cr.No.89/2013 registered by Halavagilu Police Station for the offences punishable under Sections 498A, 504, 506, 323 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, resulting in filing of charge sheet in C.C.No.72/2016 (old C.C.No.825/2013), which is pending before Senior Civil Judge and JMFC, Harapanahalli, Davanagere District, are praying for said proceedings being quashed.
2. During the pendency of proceedings, first accused has filed a petition in M.C.No.12/2017 before the Senior Civil Judge and JMFC, Harapanahalli, Davanagere, under Sections 13(1)(ia) and (ib) of Hindu Marriage Act, 1955 against second respondent herein for dissolution of marriage solemnized between him and second respondent on 14.04.2012. In the said proceedings a compromise petition came to be filed under Order XXIII Rule 3 of CPC as per Annexure-E, whereunder parties agreed for dissolution of marriage and respondent therein i.e., second respondent herein has agreed to withdraw the complaint and has also consented for these proceedings being quashed.
3. Pursuant to same, first petitioner along with second respondent and third respondent (complainant) have filed affidavits before this Court reiterating the undertaking given before the Civil Court in M.C.No.12/2017 and complainant has stated that she is not interested in prosecuting the case against petitioners and has also consented for proceedings being quashed. Parties who are present before Court are also identified by their learned Advocates representing them. Affidavits are also accompanied by the photocopies of identity cards of parties present before the Court and photocopies of identity cards are also counter signed by the learned Advocates appearing for parties, which would establish their identities.
4. In view of the fact that dispute between the parties having been amicably settled and marriage solemnized between first petitioner and second respondent having been dissolved by the jurisdictional Court by dissolution of marriage by granting a decree of divorce on 25.04.2017 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 would not sub-serve the ends of justice and continuation of it would be an abuse of process of law.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings in C.C.No.72/2016 (old C.C.No.825/2013) in Cr.No.89/2013 pending on the file of Senior Civil Judge and JMFC, Harapanahalli, Davanagere District, is hereby quashed.
(iii) Petitioners are acquitted of the offences under Sections 498A, 504, 506, 323 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961.
SD/- JUDGE DR