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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 12TH DAY OF SEPTEMBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.4843/2017
BETWEEN:
1. SRI. SIVA KUMAR REDDY
S/O. SRI. NARASIMHA REDDY D
AGED ABOUT 27 YEARS,
PRESENTLY R/AT NO.10,
2ND FLOOR, 3RD CROSS,
NEXT TO HINDUSTAN COLLEGE,
HEMANTH NAGAR, MARATHALLI,
BANGALORE- 560 037
2. SRI. NARASIMHA REDDY D
S/O. SUBBA REDDY,
AGED ABOUT 49 YEARS,
3. SMT. VENKATALAKSHMAMMA
W/O. SRI. NARASIMHA REDDY D,
AGED ABOUT 45 YEARS,
4. SRI. SURYA KUMAR REDDY
S/O. SRI. NARASIMHA REDDY D,
AGED ABOUT 25 YEARS,
(SL. NO.2 TO 4 ARE PRESENTLY
R/AT 3/37A, AYYAGARI STREET,
DOMMARA NANDYALA VILLAGE,
MYLAVARAM MANDAL,
KADAPA DISTRICT,
ANDHRA PRADESH – 516431
…PETITIONERS
(BY SRI. CHANDRASHEKAR G.R., ADVOCATE)
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AND:
1. STATE BY MAHADEVAPURA
POLICE STATION,
REP. BY S.P.P.,
HIGH COURT BUILDING,
BANGALORE – 560 001
2. SMT. KALYANI
@ SMT. SUBBAMMA M
D/O. SRI. SAHADEVA REDDY,
AGED ABOUT 28 YEARS,
PRESENTLY R/AT
“OM SAI EXECUTIVE LADIES
PG ITPL MAIN ROAD,
NEAR COSMOS MALL, BEHIND
MCDONALDS, KUNDANAHALLI,
BANGALORE- 560037
PRESENTLY WORKING AT
DELPHI AUTOMOTIVE SYSTEMS
PVT. LTD., KALYANI PLATINA,
BLOCK-1, NO.24, EPIP ZONE,
II PHASE, WHITE FIELD,
BANGALORE- 560 066
… RESPONDENTS
(BY SRI.S. RACHAIAH, HCGP FOR R-1;
SRI. K.S.SREEKANTA, ADV. FOR R-2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C.
PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.54677/2016 (CR.NO.516/2015) OF
MAHADEVAPURA P.S., UNDER SEC. 498(A) R/W 34 OF IPC
ON THE FILE OF THE XLIII ACMM, MAYO HALL,
BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER
Petitioners who have been arraigned as accused
Nos.1 to 4 in C.C.No.54677/2016 registered for the
offences punishable under Section 498A r/w Section 34
of IPC are seeking for quashing of said proceedings.
2. I have heard Sri.Chandrashekar G.R.,
learned counsel appearing for petitioners,
Sri.S.Rachaih, learned HCGP appearing for first
respondent-State and Sri.K.S.Sreekanta, learned
counsel appearing for second respondent. Perused the
records.
3. Learned Advocates appearing for parties
have filed a Joint Memo. Said Joint Memo is duly singed
by first petitioner and second respondent. It is stated
thereunder that first petitioner had filed a petition for
divorce in M.C.No.2697/2016 before VI Addl. Prl.
Family Court, Bangalore and in the said proceedings,
matter came to be referred for mediation and a
settlement was arrived at between first petitioner and
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second respondent as per the terms set out in the
agreement, whereunder it has been agreed by second
respondent that she would cooperate with petitioner for
quashing of C.C.No.54677/2016. Hence, under the
Joint Memo filed she has expressed her willingness to
quash the proceedings. In the light of Joint Memo filed,
it is contended by learned counsel appearing for
petitioner that continuation of present proceedings in
C.C.No.54677/2016, which is agreed to be withdrawn
by second respondent, would be an abuse of process of
law. Hence, he seeks for quashing of said proceedings.
4. Second respondent, who is a signatory to the
Joint Memo filed today, is present before Court and
submits that she had entered into settlement with first
petitioner and admit of having agreed to condition
No.3(C) namely, expressing her consent for proceedings
in C.C.No.54677/2016 being quashed. She also submits
that out of her free will and volition, without any force,
threat or coercion she has affixed her signature to the
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Joint Memo and she has expressed her no objection for
proceedings being quashed.
5. Parties present before Court are identified by
their respective learned Advocates and a memo is filed
enclosing photocopies of identity cards of parties issued
by the statutory authorities, which is signed by them as
well as counter signed by their respective learned
Advocates. Said memo with enclosures is placed on
record.
6. In the light of parties having already filed a
petition for divorce in M.C.No.2697/2016 before Family
Court, Bangalore and said settlement arrived at having
resulted in grant of divorce by the Family Court and
also the fact that second respondent-complainant
having no objection for the proceedings being quashed,
this Court is of the considered view that continuation of
proceedings in C.C.No.54677/2016 would not sub-serve
the ends of justice and in the light of law laid down by
the Apex Court in the case of GIAN SINGH VS. STATE
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OF PUNJAB AND ANOTHER reported in (2012) 10 SCC
303, continuation of said proceedings would be an
abuse of process of law.
Hence, I proceed to pass the following:
ORDER
(i) Criminal petition is hereby allowed.
(ii) Proceedings pending against
petitioners in C.C.No.54677/2016
on the file of 10th Addl. Chief
Metropolitan Magistrate, Bangalore
is hereby quashed.
(iii) Petitioners are acquitted of the
offence punishable under Section
498A r/w Section 34 of IPC.
SD/-
JUDGE
DR
