King Shuk Chattaraj vs State By Halasur Police on 24 January, 2018

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IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 24TH DAY OF JANUARY, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO. 10186/2017

BETWEEN

KING SHUK CHATTARAJ
S/O VISWA BANDHU CHATTARAJ,
AGED ABOUT 44 YEARS,
RESIDING AT NO.A – 402,
TEMPLE TREE APARTMENT,
NO.81, SARASWATHIPURAM,
JOGUPALYA, HALASUR,
BANGLORE-560008 … PETITIONER

(BY SRI UDAYA KUMAR N, ADV. )

AND

1. STATE BY HALASUR POLICE
REPTD. BY HCGP,
HIGH COURT BUILDING,
BANGALORE.

2. SMT. RESHMI CHAKRABORTY
W/O SRI KING SHUNK CHATTARAJ,
AGED ABOUT 38 YEARS,
RESIDING AT NO.A-402, TEMPLE TREE
APARTMENT, NO.81,
SARASWATHIPURAM, JOGUPALYA,
HALASUR, BANGALORE-560008
… RESPONDENTS

(BY SRI S. RACHAIAH, HCGP FOR R1.)
2

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE FIR IN CR.NO.212/2017 ON THE FILE OF
THE HON’BLE X ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE, BANGALORE, FOR THE OFFENCES P/U/S
324,498A OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT, REGISTERED BY THE RESPONDENT
NO.1 POLICE BY ALLOWING THIS PETITION.

THIS CRL.P COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

Both the petitioner and respondent No.2 and their

respective counsels are present before the court. Heard

the parties.

2. Petitioner and respondent No.2 are husband and

wife. The respondent No.2 wife furnishes Aadar card

for her identification. On the other hand, the petitioner

who is the husband of the second respondent also

submit that second respondent is his wife and both the

parties have filed a joint memo stating that they joined

together and have been living together happily.

3. In view of the above said submission and the

joint memo filed, there is no legal impediment for this

Court to quash the proceedings.

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4. The respondent No.2 appears to have filed a

complaint against the petitioner alleging the offences

punishable u/ss.498A, 324 of IPC and Sections 3 4 of

Dowry Prohibition Act. The allegations are essentially

arising out of differences between husband and wife

during their matrimonial relationship. Now, they have

realized their mistakes and they want to live happily

hereinafter. Therefore, continuation of the criminal case

against the petitioner would amounts to abuse of

process of the court.

5. Under the above said circumstance, it is just

and necessary to quash the proceedings as prayed for.

Hence, the following:

ORDER

The petition is allowed. Consequently, all further

investigation and proceedings in Crime No.212/2017 of

Halasur Police Station, are hereby quashed.

Sd/-

JUDGE

PL*

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