K.S.Jayamanjunath vs The State Of Karnataka on 11 September, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 11TH DAY OF SEPTEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.8959/2016

BETWEEN:

1. K.S.JAYAMANJUNATH
S/O. K.S.SUBBAIAH,
AGED ABOUT 39 YEARS,

2. K.S.SUBBAIAH
S/O. SANKARANARAYANAIAH,
AGED ABOUT 80 YEARS,

BOTH ARE R/AT “SRINIDHI”,
NEAR RAGHAVENDRA CLINIC,
OPP. SYNDICATE BANK,
SARJAPURA ROAD,
ATTIBELE – 562 107
ANEKAL TALUK,
BENGALURU RURAL DISTRICT.
…PETITIONERS

(BY SRI. VENKATARAMANA K.S., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BASAVANAGUDI WOMEN POLICE,
REPTD. BY S.P.P.
HIGH COURT BUILDING,
BENGALURU – 560 001

2. SMT. H.S.SHRUTHI
W/O. K.S. JAYAMANJUNATH
AGED ABOUT YEARS,
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R/O. NO.5, 8TH CROSS,
1ST MAIN, SRINIDHI LAYOUT,
BENGALURU – 560 062
… RESPONDENTS

(BY SRI.S.RACHAIAH, HCGP FOR R-1;
SRI. JAGANNATH K, ADV. FOR R-2)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C.
PRAYING TO QUASH THE FIR IN CR.NO.25/2016 FILED BY
THE BASAVANAGUDI WOMEN POLICE, BANGALORE FOR
THE OFFENCES P/U/S 498A OF IPC AND SEC. 3, 4 OF D.P.
ACT, WHICH IS PENDING BEFORE THE II ACMM,
BANGALORE, AGAINST THE PETITIONERS.

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:

ORDER

Petitioner who has been arraigned as accused

No.1 in C.C.No.3268/2017 pending before II Addl. Chief

Metropolitan Magistrate, Bangalore, registered for the

offences punishable under Section 498A of IPC and

Sections 3 and 4 Dowry Prohibition Act, 1961, is

seeking for quashing of said proceedings.

2. Heard Sri.Venkataramana K.S., learned

counsel appearing for petitioner, Sri.S.Rachaiah,

learned HCGP appearing for first respondent-State and
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Sri.Jagannath K, learned counsel appearing for second

respondent. Perused the records.

3. Marriage between first petitioner and second

respondent came to be solemnised on 04.06.2015 and

on account of certain disputes having arisen between

them, they have been residing separately. Second

respondent filed a complaint on 03.08.2016 before

Basavanagudi Police Station alleging that she had been

harassed by petitioner and his family members. Said

complaint was registered as Cr.No.25/2016 for the

offences punishable under Section 498A of IPC r/w

Sections 3 and 4 of Dowry Prohibition Act, 1961 and it

resulted in investigation being completed and charge

sheet came to be filed in C.C.No.3268/2017. In the

meanwhile, second respondent filed a petition for

divorce in M.C.No.764/2017, which came to be referred

to mediation and in the said proceedings parties entered

into a settlement and it was agreed by the petitioner

therein i.e., second respondent herein to withdraw the

pending proceedings in C.C.No.3268/2017.
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4. Second respondent is present before Court

and she submits that out of her own free will and

volition, without any force, threat or coercion she has

entered into said settlement and she has also filed an

affidavit along with first petitioner in this petition

agreeing and consenting for proceedings being quashed.

In order to establish the identity of parties present

before Court, learned Advocates have filed a memo

enclosing photocopies of their identity cards issued by

the statutory authorities, which is duly signed by

parties and in token of having identified the parties

present before Court, learned Advocates have also

counter signed the same. In the light of law 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 in

C.C.No.3268/2017 would not sub-serve the ends of

justice and it would be an abuse of process of law.

Hence I proceed to pass the following:
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ORDER

(i) Criminal petition is hereby allowed.

(ii) Proceedings pending against

petitioner in C.C.No.3268/2017

before II Addl. Chief Metropolitan

Magistrate, Bengaluru, is hereby

quashed.

(iii) Petitioner is acquitted of the offences

punishable under Section 498A of

IPC and Sections 3 and 4 of the

Dowry Prohibition Act, 1961.

SD/-

JUDGE

DR

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