IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2017
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.8959/2016
AGED ABOUT 39 YEARS,
AGED ABOUT 80 YEARS,
BOTH ARE R/AT “SRINIDHI”,
NEAR RAGHAVENDRA CLINIC,
OPP. SYNDICATE BANK,
ATTIBELE – 562 107
BENGALURU RURAL DISTRICT.
(BY SRI. VENKATARAMANA K.S., ADVOCATE)
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,
R/O. NO.5, 8TH CROSS,
1ST MAIN, SRINIDHI LAYOUT,
BENGALURU – 560 062
(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
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
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.
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:
(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
(iii) Petitioner is acquitted of the offences
punishable under Section 498A of
IPC and Sections 3 and 4 of the
Dowry Prohibition Act, 1961.