SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Mr Gopal Kannan vs State By on 27 April, 2018

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.2854/2018

BETWEEN:

1. MR.GOPAL KANNAN
AGED ABOUT 29 YEARS
S/O KANAN RAJAMANIKAM,

2. MR.KANNAN RAJAMANIKAM
AGED ABOUT 60 YEARS
S/O RAJA MANIKAM,

3. MRS.BEENA KANNAN
W/O KANAN RAJAMANIKAM,
AGED ABOUT 55 YEARS,

4. MS. GEETHA KANNAN
AGED ABOUT 28 YEARS
D/O KANNAN RAJAMANIKAM

THE PETITIONER NO.1 TO 4
ARE R/AT NO.1036,
AASHIYANA HOUSE, 1ST CROSS,
ANNASANDRAPALYA,
HAL, BENGALURU-560 017

5. MRS. SADHANA S
AGED ABOUT 33 YEARS,
W/O GOPAL KANNAN,
2

R/AT NO.146/1, SRI BALAJI GRAHA,
JAMES ROAD, KAMANAHALLI,
BENGALURU-560 084
…PETITIONERS

(BY SRI. RAJ PRABHU.S, ADVOCATE)

AND:

STATE BY:
HALASURU GATE WOMEN’S
POLICE STATION, BENGALURU-560 009

REPRESENTED BY PP
HIGH COURT OF KARNATAKA
HIGH COURT BUILDING
BENGALURU-560 001
…RESPONDENT

(BY SRI.SANDESH J CHOUTA, SPP)

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE
FIR IN CR.NO.41/2016 OF THE RESPONDENT POLICE
PENDING ON THE FILE OF THE VI A.C.M.M.
BENGALURU FOR THE OFFENCES PUNISHABLE
UNDER SECTION 498A OF IPC AND SECTION 3, 4 OF
D.P. ACT

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
3

ORDER

Sri.Sandesh J. Chouta, learned SPP for

respondent-State has appeared on advance notice.

Though matter is listed for Admission, it is taken up for

final disposal by the consent of learned Advocates

appearing for parties.

2. Petitioners 1 to 4, who are accused in

Cr.No.41/2016, which has been registered by

Halasurgate Women Police Station for the offences

punishable under Section 498A of IPC and Section 3

4 of Dowry Prohibition Act, 1961, are seeking for

quashing of the said proceedings and the

informant/complainant has also joined in filing this

petition and she is also seeking for quashing of the said

proceedings.

3. Having heard the learned Advocates

appearing for parties and on perusal of records it would

disclose that marriage between first petitioner and fifth
4

petitioner was solemnised on 10.11.2014.

Subsequently, on account of certain differences of

opinion fifth petitioner lodged a complaint on

26.04.2016 before the jurisdictional police, which

resulted in registration of FIR in Cr.No.41/2016 against

petitioners 1 to 4 as noted hereinabove.

4. All the parties are present before the Court

and they have stated that differences of opinion have

been ironed out and now they are all living together

burying their differences of opinion. Fifth petitioner-

complainant, who is present before the Court has stated

that on account of her reunion with her husband i.e.,

first petitioner and she being in his company, does not

intend to prosecute her complaint and as such, she has

prayed for compounding the offences and quashing of

the proceedings pending against petitioners 1 to 4.

5. To a pointed question by the Court as to

whether she made that statement voluntarily and
5

without any force, threat or coercion, she has stated

that her statement is voluntary and she intends to

withdraw her complaint on account of compromise

having been entered into by her with the petitioners.

She has also reiterated the statement made in the

petition. She is identified by her learned Advocate and

in order to establish her identity, photocopy of the

identity card issued by statutory authority has been

produced along with a memo. Same is placed on

record.

6. In the light of aforestated facts, this Court is

of the considered view that continuation of further

proceedings against petitioners 1 to 4 would not sub-

serve the ends of justice and it would only be an

exercise in futility as held by the Hon’ble Apex Court in

the case of GIAN SINGH VS. STATE OF PUNJAB AND

ANOTHER reported in (2012) 10 SCC 303. Hence, this

Court finds there is no impediment to grant the prayer

sought for.

6

Hence, I proceed to pass the following:

ORDER

(1) Criminal Petition is hereby allowed.

(2) Proceedings pending against

petitioners in Crime No.41/2016

registered by Halasurgate Women

Police Station for the offences

punishable under Section 498(A) of

IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961, on the file of VI

Additional Chief Metropolitan

Magistrate, Bengaluru, is hereby

quashed.

(3) Petitioners are acquitted of the said

offences.

SD/-

JUDGE

DR/PYR

Leave a Reply

Your email address will not be published. Required fields are marked *

Copyright © 2020 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation