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Mr Angu Chetty vs The State Of on 27 March, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 27TH DAY OF MARCH 2019

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.2176 OF 2015

BETWEEN:

1. MR ANGU CHETTY
S/O LATE ERRA CHETTY,
AGED ABOUT 69 YEARS,

2. SMT. MADAMMAL,
W/O MR. ANGU CHETTY,
ABOUT 62 YEARS,
SL.NO. 1 AND 2 R/AT NO.33/117,
P R SRINIVASA RAO STREET,
DHARMAPURI TOWN AND DISTRICT,
TAMILNADU-636 701.

3. SMT. VANITHA
W/O MR. CHINNI CHETTY,
D/O MR.ANGU CHETTY,
AGED ABOUT 39 YEARS,

4. MR. CHINNI CHETTY,
S/O MR. TEERTHAGIRI CHETTY,
AGED ABOUT 48 YEARS,
SL.NO.3 AND 4 R/AT NO.35/B,
R SRINIVASA RAO STREET,
DHARMAPURI TOWN AND DISTRICT,
TAMILNADU-636 701.
… PETITIONERS
(BY SRI: B.KESHAVA MURTHY, ADVOCATE)
2

AND

1. THE STATE OF KARNATAKA
SHO, ULSOOR GATE WOMENS POLICE STATION
BANGALORE-560 002.
REP BY SPP,
HIGH COURT OF KARNATAKA
BENGALURU-01

2. DR. ANUSHA B
D/O MR.BHASKAR,
AGED ABOUT 29 YEARS,
R/AT KAMALA NIVAS,
9TH CROSS, ANDHRAHALLI MAIN ROAD,
BANGALORE-560 091.
… RESPONDENTS

(BY SRI:VIJAYA KUMAR MAJAGE, ADDL SPP FOR R1;
SRI: G.DESU REDDY, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ORDER DATED 24.1.2015 TAKING COGNIZANCE OF THE
OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 506B OF
IPC AND R/W 3 AND 4 OF D.P.ACT, PENDING ON THE FILE OF VI
A.C.M.M., BANGALORE IN C.C.NO.2689/2015.

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

ORDER

Heard learned counsel for the petitioners and learned

counsel for respondent No.2 and learned Addl. SPP for

respondent No.1.

3

2. This petition is arising out of the complaint lodged by

respondent No.2 against the petitioners alleging commission of

offences punishable under sections 498A, 506B of Indian Penal

Code and Sections 3 and 4 of Dowry Prohibition Act, 1961.

3. After investigation, charge sheet is laid against the

petitioners for the said offences. However, when the matter is

taken up for hearing, learned counsel for respondent No.2 has

submitted a memo. Memo reads as under:-

MEMO

The undersigned counsel submits as follows:-

In the above matter the petitioner and
respondents amicably settled issue both of them. The
parties exchanged all the gifts belonging to them. Both
the petitioner and respondent have already taken
Divorce before the Family Court, Dharmapuri.

Wherefore, I pray that this Hon’ble Court be
pleased to allow the above matter, in the interest of
justice.”

4

4. Apart from the submissions made in the memo, the

records also indicate that the complaint was lodged against the

petitioners after filing of the divorce petition, apparently to make

out a ground for defence in the matrimonial proceedings. The

divorce petition was filed by the husband on the ground of

cruelty. The said ground itself having been proved in the

matrimonial Court and the divorce decree having been passed,

charge under Sections 498A and 506B Indian Penal Code on the

same set of facts and evidence cannot be sustained.

5. Insofar as the allegations relating to demand of

dowry is concerned, in the aforesaid memo, counsel for

respondent No.2 having stated that the parties have exchanged

the gifts belonging to them and they have amicably settled the

issue, accepting the said memo, the petition is allowed. The

proceedings initiated against the petitioners for the alleged

offences punishable under sections 498A, 506B and Sections 3

and 4 of Dowry Prohibition Act are hereby quashed.

Sd/-

JUDGE
*mn/-

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