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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2017
BEFORE
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.6350/2017
BETWEEN:
SIRSENDU ROY
AGED ABOUT 47 YEARS,
S/O. SRI.NIRMALENNDU ROY,
ANSALDO STS TRANSPORTATION
SYSTEMS INDIA PVT. LTD.
SLV COMPLEX, #35, 80 FEET ROAD,
4TH BLOCK, AVS COMPOUND,
KORAMANGALA,
BENGALURU – 560 034
…PETITIONER
(BY SRI. JAMES P. ARUN KUMAR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY KUMARASWAMY LAYOUT
POLICE STATION,
BENGALURU
REP. BY PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001
2. SMT. ANAMIKA ROY
AGED ABOUT 42 YEARS,
W/O. SRI. SIRSENDU ROY,
R/A D-702, PURVA BELMOUNT,
KANAKAPURA ROAD,
6TH PHASE, J.P. NAGAR,
BENGALURU – 560 078
…RESPONDENTS
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THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C. PRAYING TO QUASH OF CRIME NO.1782/2016
BEFORE THE 44TH A.C.M.M., BENGALURU, WHICH
RESULTED OUT OF THE FIR REGISTERED AS CRIME
NO.41/2016 WITH THE 1ST RESPONDENT/POLICE, BASED
ON A COMPLAINT FILED BY THE 2ND RESPONDENT.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner and second respondent marriage came
to be solemnised on 11.05.1995 at Kolkata and on
account of certain disputes having arisen between them,
they have been residing separately and second
respondent herein had filed M.C.No.2670/2014 on the
file of Prl. Judge, Family Court, Bengaluru for
dissolution of her marriage by filing petition under
Section 27(1)(a) (d) of Special Marriage Act.
2. During the pendency of said petition, she
had also lodged a complaint with Kumaraswamy Police
Station against petitioner herein alleging cruelty and
Domestic Violence on 26/27.01.2016, which came to be
registered in Cr.No.41/2016 for the offences punishable
under Sections 312, 498A of IPC and Sections 3 and 4
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of Dowry Prohibition Act, 1961 and it is at the stage of
investigation.
3. In the meanwhile, petitioner and second
respondent are said to have arrived at a settlement in
the pending M.C.No.2670/2014 and an agreement came
to be drawn between parties in the mediation that took
place on 28.07.2017. The memorandum of agreement
entered into between parties before the mediation
proceedings is produced at Annexure-B. It is agreed to
by second respondent-complainant under the said
agreement that she would withdraw the complaint
lodged against petitioner and also give her consent for
quashing of the proceedings initiated by her against
petitioner now pending in Cr.No.41/2016 before 44th
Addl. Chief Metropolitan Magistrate, Bengaluru.
4. Pursuant to same joint affidavit of petitioner
and second respondent is filed today. Both parties are
present before Court. They are identified by the
respective learned Advocates representing them. They
have also filed a memo enclosing the photocopies of
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identity cards issued by the statutory authorities to
establish their identity. Learned Advocates appearing
for parties have also counter signed the said
photocopies of identity cards. Said memo along with
enclosures are placed on record.
5. Complainant, who is present before Court
and who is also deponent to joint affidavit filed today,
submits that without any force, threat or coercion she
has affixed her signature to the memorandum of
agreement and she has no objection for the proceedings
pending against petitioner being quashed. She also
submits that pursuant to settlement arrived at before
Mediation Centre and as agreed to by petitioner, he has
paid a sum of ` 2,00,000/- to her by way of Demand
Draft and she has received the same. In that view of the
matter, this Court finds there is no impediment to
accept the statement made by the complainant for
quashing of the proceedings in question particularly in
the background of both parties having settled their
dispute and also keeping in mind the law laid down by
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Hon’ble 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 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 Cr.No.41/2016
pending on the file of 44th Addl. Chief
Metropolitan Magistrate, Bengaluru,
initiated by second respondent
against petitioner is hereby quashed.
SD/-
JUDGE
DR
