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Judgments of Supreme Court of India and High Courts

Dr. B. Gururaj Beedikar vs Smt. Gayathri on 27 April, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27th DAY OF APRIL, 2018

BEFORE

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.2941 OF 2018

BETWEEN:

1. DR. B. GURURAJ BEEDIKAR,
AGED ABOUT 64 YEARS,
S/O. LATE SRI. BALAPPA.

2. MR. BALAKRISHNA,
AGED ABOUT 28 YEARS,
S/O. DR. B. GURURAJ BEEDIKAR,

BOTH THE PETITIONERS ARE R/AT:
NO. 37, 19TH MAIN, B’ BLOCK,
3RD STAGE, VIJAYANAGAR,
MYSURU – 570 017.
…PETITIONERS

(BY SRI. SATHYANARAYANA .S. CHELKE, ADV.)

AND:

1. SMT. GAYATHRI,
AGED ABOUT 46 YEARS,
W/O DR. B. GURURAJ,
R/AT: NO.37, 19TH MAIN, B’ BLOCK,
3RD STAGE, VIJAYANAGAR,
MYSURU – 570 017.

2. STATE OF KARNATAKA,
REPRESENTED BY THE SHO,
WOMEN POLICE STATION,
MYSURU CITY,
2

MYSURU – 570 001.
…RESPONDENTS

(BY SRI. SANDESH J. CHOUTA, SPP FOR R2,
SRI. BOREGOWDA, ADV., FOR R1.)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING THAT THIS HON’BLE COURT MAY
BE PLEASE TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.22/2008 PENDING CONSIDERATION ON THE FILE
OF III ADDITIONAL CIVIL JUDGE AND C.J.M., MYSURU.

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

ORDER

This petition is filed under Section 482 of Cr.P.C.

by accused Nos.1 and 2 for quashing of the proceedings

in C.C.No.22/2008 registered for the offences punishable

under Section 498A, 323 and 506 of IPC pending on the

file of III Addl. Civil Judge Chief Judicial Magistrate,

Mysore.

2. The marriage between first petitioner and first

respondent was solemnised on 29.06.1990 and on

account of certain disputes having arisen between them,

they have been living separately. First respondent – wife
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lodged a complaint before the Mysore Police Station

against the petitioners alleging that she has been

physically assaulted and harassed by petitioners and

complaint came to be lodged, which was registered in

Cr.No.135/2007 for the offences punishable under

Section 498(A), 323 and 506 of IPC. On completion of

investigation, charge sheet came to be filed in

C.C.No.22/2008, which proceedings are now pending

before III Addl. Civil Judge Chief Judicial Magistrate,

Mysore.

3. During the pendency of present proceedings,

first petitioner herein filed M.C.No.193/2011 for

dissolution of his marriage with first respondent. Said

dispute was referred to mediation, wherein a

memorandum of settlement was entered into between

parties and both parties agreed to live together in future

as per the agreement drawn on 25.11.2016. Pursuant to

same, M.C.No.193/2011 came to be dismissed by

passing a decree on 04.02.2017.

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4. Both parties are present before Court. They

have filed a Joint Memo stating thereunder that they

have settled their dispute amicably as per the

Memorandum of Settlement filed at the Mediation, which

has been accepted by the I Addl. Prl. Family Court,

Mysore in M.C.No.193/2011. Hence, they have sought

for proceedings pending in C.C.No.22/2008 being

quashed. Both parties have reiterated the statement

made by them in the said Joint Memo. Same is placed on

record.

5. First respondent-complainant has also stated

that she has no objection for quashing the said

proceedings. Parties, who are present before Court are

identified by their learned Advocates and in token of

having identified them, they have also affixed their

signatures to the joint memo.

6. Parties present before Court admit the

contents of Joint Memo. They also state that out of their

own free will and volition, without any force, threat or

coercion they have entered into settlement. First
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respondent-wife, as stated hereinabove, has agreed to

withdraw the complaint lodged against first petitioner.

She has also filed an affidavit reiterating the contents of

the Joint Memo.

7. In that view of the matter and in the light of

settlement entered into between the parties 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 against petitioners would not sub-serve the

ends of justice and it would be an abuse of process of

law. Hence, this Court finds there is no impediment to

grant the prayer sought for.

Hence, I proceed to pass the following:

ORDER

(i) Criminal petition is hereby allowed.

(ii) Proceedings pending against

petitioners in C.C.No.22/2008

registered by Mysore Police Station on

the file of III Additional Civil Judge and
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Chief Judicial Magistrate at Mysore, is

hereby quashed.

(iii) Petitioners are acquitted of the said

offences.

SD/-

JUDGE

DR/AV/ds

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