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Pruthvi Raju B L vs The State Of Karnataka on 19 July, 2021

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Crl.P.No.7811/2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 19TH DAY OF JULY 2021

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION No.7811/2018

BETWEEN:

1. PRUTHVI RAJU B.L.
S/O LAKSHMINARAYANA RAO
AGED ABOUT 38 YEARS

2. SUDHAMMA
W/O LAKSHMINARAYANA RAO
AGED ABOUT 67 YEARS

3. LAKSHMINARAYANA RAO
S/O LATE S.G.SURYANARAYANAPPA
AGED ABOUT 69 YEARS

4. SHUBHA L
D/O LAKSHMINARAYANA RAO
AGED ABOUT 39 YEARS

ALL ARE R/AT NO.2040/2
NEAR MUTHURAYASWAMY TEMPLE
PRASHANTHANAGARA
T.DASARAHALLI
BANGALORE – 560 057 …PETITIONERS

(BY SRI D.S.MANJEGOWDA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY KOLAR WOMEN POLICE STATION
KOLAR – 563 101

2. MANJULA P @ BHARGHAVI
W/O PRUTHVI RAJ B.L.
D/O PRABHAKAR RAO
Crl.P.No.7811/2018

2

AGED ABOUT 30 YEARS
R/AT NO.264, 2ND CROSS
GOURIPETE
KOLAR – 563 101 …RESPONDENTS

(BY SRI K.S.ABHIJITH, HCGP FOR R1;
SRI RAMAKRISHNA HEGDE, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS
INITIATED AGAINST THE PETITIONERS IN C.C.NO.214/2018
PENDING BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND
CJM, KOLAR (ANNEXURE ‘L’ AND ‘M’).

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

ORDER

Petitioner No.1 and respondent No.2 are present

before the Court. They are duly identified by their

respective Counsel.

2. The above petition is filed seeking quashing of

the proceedings against the petitioners in

C.C.No.214/2018 on the file of Principal Senior Civil Judge

CJM, Kolar. Petitioner Nos.2 and 3 are parents and

petitioner No.4 is the sister of petitioner No.1.

3. The marriage of petitioner No.1 and

respondent No.2 was solemnized on 12.10.2014. The

couple had troubled marriage. The couple lived together

hardly for 10 months. Petitioner No.1 filed
Crl.P.No.7811/2018

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M.C.No.1111/2017 against respondent No.2 before III

Additional Family Court, Bengaluru seeking decree for

dissolution of their marriage on the ground of cruelty.

Petitioner No.3 filed O.S.No.1689/2017 against respondent

No.2 for permanent injunction restraining her from

interfering with his peaceful possession of the family

house.

4. Respondent No.2 filed the complaint before the

District Legal Services Authority, Kolar alleging that after

her marriage with petitioner No.1, the petitioners

subjected her to physical and mental cruelty in connection

with their demand for additional dowry. It was also alleged

that at the time of marriage on the demand of the

petitioners dowry in the form of gold jewellaries and cash

of Rs.5,00,000/- etc were given. The District Legal

Services Authority forwarded the said complaint to

respondent No.1 police.

5. On the basis of that complaint, respondent

No.1 registered first information report in Crime No.5/2017

(Annexure-D) against the petitioners for the offences
Crl.P.No.7811/2018

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punishable under Sections 3 and 4 of the Dowry

Prohibition Act, 1961 (DP Act) and Section 498A read with

Section 34 of IPC.

6. On investigation, respondent No.1 submitted

charge sheet as per Annexure-L against the petitioners for

the offences punishable under Section 498A read with

Section 34 of IPC and Sections 3 and 4 of the DP Act. On

the basis of such charge sheet, the trial Court took

cognizance of the offences, registered the case in

C.C.No.214/2018 and summoned the petitioners to face

trial.

7. The petitioners have filed the above petition

seeking quashing of the said proceedings on the ground

that purely matrimonial dispute was given the colour of

criminal case to harass the petitioners.

8. It appears that pending these proceedings the

parties entered into settlement. By virtue of such

settlement, petitioner No.1 and respondent No.2 filed

M.C.No.84/2019 before the Principal Family Court, Kolar
Crl.P.No.7811/2018

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under Section 13(B) of the Hindu Marriage Act, 1955 for

dissolution of their marriage by mutual consent.

9. Thereafter petitioner No.1 and respondent

No.2 have filed I.A.No.1/2021 under Section 482 of Cr.P.C.

read with Section 320 of Cr.P.C. for quashing the

impugned proceedings in view of the subsequent

developments. Along with the application, affidavits of

petitioner No.1, respondent No.2, copies of the judgment

and decree in M.C.No.84/2019 are submitted.

10. Perusal of the said judgment shows that both

the parties admitted before the Family Court that they will

withdraw the cases filed against each other and settle their

claims. Both petitioner No.1 and respondent No.2 are well

qualified. The judgment in M.C.No.84/2019 shows that

respondent No.2 receiving Rs.15,00,000/- as permanent

alimony consented for divorce and withdrawal of the

impugned proceedings. Recording that, the Family court

allowed M.C.No.84/2019 and passed decree for dissolution

of marriage on 28.10.2019.

11. It is reported that petitioner No.3 died and his

death certificate is also submitted. That shows that he died
Crl.P.No.7811/2018

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on 11.07.2020. Therefore his petition stood abated. The

above facts and circumstances show that a matrimonial

dispute was cloaked into the criminal case.

12. Having regard to the aforesaid facts and

circumstances and the settlement entered into between

the parties, even if the impugned proceedings against

petitioner Nos.1, 2 and 4 were to continue, they serve no

purpose. Such proceedings amount to abuse of the process

of the Court.

13. The Hon’ble Supreme Court in Gian Singh vs.

State of Punjab1 has held that where the criminal

proceedings overwhelmingly and predominantly arise out

of matrimonial disputes, if the parties settle them mutually

and having regard the other circumstances, even if the

offences are non compoundable one, the High Court can

quash them.

For the aforesaid reasons, the petition is allowed.

The proceedings in C.C.No.214/2018 on the file of

Principal Senior Civil Judge and CJM, Kolar are hereby

quashed.

1
(2012)10 SCC 303
Crl.P.No.7811/2018

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In view of disposal of the petition, I.A.No.1/2021 is

also disposed of accordingly.

Sd/-

JUDGE

KSR

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