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:
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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
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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.
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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
