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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF AUGUST, 2017
BEFORE
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.6610/2017
BETWEEN:
RITESH KUMAR SINGH
S/O. SRI. SUSHIL KUMAR SINGH,
AGED ABOUT 29 YEARS,
R/A #309, WEST BLOCK,
GAYATHRI GOODLIFE,
SEEGEHALLI, BENGALURU-560067
…PETITIONER
(BY SRI.VIJAYA B.K., ADVOCATE)
AND:
1. RASHMI SINGH
W/O. RITESH KUMAR SINGH
AGED ABOUT 26 YEARS,
R/A #309, WEST BLOCK,
GAYATHRI GOODLIFE,
SEEGEHALLI, BENGALURU-560067
2. THE STATE OF KARNATAKA
BY KADUGODI POLICE
REP. BY THE STATE PUBLIC
PROSECUTOR, HIGH COURT
BUILDING, BENGALURU – I
… RESPONDENTS
(BY SRI.ROOPNANDAN H.J., ADV. FOR R-1;
SRI. S. RACHAIAH, HCGP FOR R-2)
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THIS CRIMINAL PETITION IS FILED 482 OF CR.P.C.
PRAYING TO QUASH THE FIRT IN CR.NO.138/2017 ON
THE FILE OF ACJM, BANGALORE RURAL DISTRICT,
BANGALORE FOR THE OFFENCE P/U/S 4 D.P. ACT AND
SEC. 498A, 506, 504 OF IPC, REGISTERED PURSUANT TO
THE COMPLAINT LODGED BY THE RESPONDENT NO.1.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
Petitioner, who has been arraigned as accused in
Cr.No.138/2017 registered by Kadugodi Police Station
by virtue of complaint lodged by first respondent herein
against the petitioner for the offences punishable under
Sections 506, 498A, 504 of IPC and Section 4 of Dowry
Prohibition Act, 1961, is seeking for quashing of said
proceedings.
2. Today, both parties namely, complainant as
well as petitioner-accused have filed their affidavits
stating thereunder that complaint lodged by first
respondent is not being pursued, since at the
intervention of well wishers and friends and parents of
both parties, dispute is amicably resolved and they are
living together after having patched up their differences.
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3. Sri.Vivek Raj has also filed an affidavit
supporting the claim of petitioner-accused. This Court
is of the considered view that it would not be necessary
to examine the said affidavit, since both parties namely,
petitioner-husband and first respondent-wife have filed
their respective affidavits. However, said affidavit of
Sri.Vivek Raj is placed on record.
4. In view of parties namely, petitioner and first
respondent have amicably settled their disputes and are
now residing together, continuation of proceedings in
Cr.No.138/2017 pending on the file of Addl. Chief
Judicial Magistrate, Bengaluru Rural, Bengaluru,
against petitioner would be an exercise in futility and it
would not sub-serve the ends of justice and would also
be an abuse of process of law as held by the Apex Court
in the case of GIAN SINGH VS. STATE OF PUNJAB
AND ANOTHER reported in (2012) 10 SCC 303.
Hence, I proceed to pass the following:
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ORDER
(i) Criminal petition is hereby allowed.
(ii) Proceedings in Cr.No.138/2017
pending on the file of Addl. Chief
Judicial Magistrate, Bengaluru Rural,
Bengaluru, against petitioner for the
offences punishable under Sections
506, 498A, 504 of IPC and Section 4 of
Dowry Prohibition Act, 1961, is hereby
quashed.
SD/-
JUDGE
DR