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Mr.Ashish Kumar Jha vs The State Of Karnataka on 23 March, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.9964/2017

BETWEEN:

1. MR. ASHISH KUMAR JHA
SON OF C.M. JHA
AGED ABOUT 33 YEARS,
RESIDING AT NO.134,
3RD MAIN, BEST CENTURY 2,
CHIKKABETTAHALLI,
VIDYARANYAPURA,
BENGALURU – 560097.

2. MR. CHANDRA MOHAN JHA,
SON OF ABHIRAM JHA,
AGED ABOUT 58 YEARS,
NO.134, 3RD MAIN, BEST
CENTURY 2, CHIKKABETTAHALLI,
VIDYARANYAPURA,
BENGALURU – 560097
(PERMANENT ADDRESS)
NO.1B, STREET NO.78, BILLAI
NAGAR, SECTOR 6,
CIVIC SENT, BILLAI DURGA
CHATTISGARH 4900006)

3. MRS. MIRA JHA,
WIFE OF C.M. JHA,
AGED ABOUT 46 YEARS,
RESIDING AT QUARTER NO.1/B,
STREET NO.78, BHILAI NAGAR,
SECTOR 06, CIVIC CENTER,
BHILAI, DURG,
CHATTISGARH – 490006.
… PETITIONERS
(BY SMT. ANURADHA SIMHA, ADVOCATE)
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AND:

1. THE STATE OF KARNATAKA
BY VIDYARANYAPURA POLICE
BENGALURU,
REPRESENTED BY ITS SENIOR
PUBLIC PROSECUTOR

2. MRS. NIKEATAJHA
WIFE OF ASHISH KUMAR JHA,
AGE 27
RESIDING AT NO.65,
BEST COUNTY 3,
CHIKKABETTAHALLI,
VIDYARANYAPURA,
BENGALURU – 560097.
… RESPONDENTS

THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C
BY THE ADVOCATE FOR THE PETITIONER PRAYING TO
QUASH THE CRIMINAL PROCEEDINGS AGAINST THE
PETITIONERS IN C.C.NO.16215/2017 PENDING BEFORE
THE COURT OF THE IV A.C.M.M., BANGALORE, INITIATED
BY THE RESPONDENTS.

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

ORDER

Petitioners are seeking for quashing of proceedings

pending in C.C.No.16215/2017 before 4th Addl. Chief

Metropolitan Magistrate, Bangalore, registered for the

offence punishable under Sections 498A, 506 r/w

Section 34 of IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961.

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2. Marriage between first petitioner and second

respondent came to be solemnised on 08.07.2010 at

Bangalore and due to differences and incompatibility

they are said to be living separately since 14.11.2014.

Second respondent herein has filed a complaint on

21.01.2017 against petitioner, which came to be

registered in Cr.No.23/2017 for the offence punishable

under Sections 498A, 506 r/w Section 34 of IPC and

Sections 3 and 4 of Dowry Prohibition Act, 1961 and

after completion of investigation charge sheet came to

be filed in C.C.No.16215/2017 for the aforesaid

offences.

3. During the pendency of present proceedings

petitioners have taken recourse to pre-litigation

mediation before Bangalore Mediation Centre, Siddaiah

Road, Bangalore, in PLM No.128/2017 and a settlement

has been arrived at between the parties in said

mediation. Pursuant to same both parties have filed

petition for divorce under Section 13-B of Hindu

Marriage Act, 1955, before Family Court, Bangalore,
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which is numbered as M.C.No.5920/2017 whereunder

there is a Memorandum of Settlement arrived at

between parties agreeing thereunder to dissolve their

marriage and complainant herein i.e., second

respondent has also agreed for the present proceedings

initiated by her against petitioners being quashed.

4. Both parties are present before Court and

second respondent/complainant has also filed an

affidavit enclosing Memorandum of Settlement arrived

at before Bangalore Mediation Centre and an

application under Section 320 of Cr.P.C. for the offence

being compounded in view of settlement being arrived

at. Second respondent has also annexed photocopy of

the identity card issued by statutory authority to

evidence her identity and she is also identified by her

counsel – Sri.B.Nandagopal present before Court.

5. First petitioner is also present before Court.

Both parties have stated that they have agreed for

settlement as per Memorandum of Settlement entered

into between them before the Family Court in
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M.C.No.5920/2017 and they do not have any claims

against each other. Second respondent/complainant

has stated that out of her free own will and without any

force, threat or coercion she has agreed to withdraw the

complaint and she has no objection for quashing of the

proceedings initiated by her, which is now pending in

C.C.No.16215/2017 before 4th Addl. Chief Metropolitan

Magistrate, Bangalore.

6. In the light of above said statement made by

the second respondent/complainant and parties having

amicably settled their dispute by filing a petition under

Section 13-B of Hindu Marriage Act, 1955, for

dissolution of their marriage by mutual consent, this

Court is of the considered view that no fruitful purpose

would be served in continuing further proceedings.

Hence I proceed to pass the following:

ORDER

(i) Criminal petition is hereby allowed.

(ii) Proceedings in C.C.No.16215/2017

pending on the file of 4th Addl. Chief
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Metropolitan Magistrate, Bangalore,

registered against the petitioners for

the offence punishable under

Sections 498A, 506 r/w Section 34 of

IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961, is hereby

quashed.

(iii) Petitioners are acquitted of the

offence alleged against them.

SD/-

JUDGE

DR

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