IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY 2019
THE HON’BLE MR. JUSTICE ALOK ARADHE
CRIMINAL PETITION NO.2086 OF 2019
Sri K. V. Muralidhar,
Son of Vittala Rao,
Aged about 35 years,
Residing at Kalpashree Nilaya,
Gopalapura Main Road,
Chitradurga Town – 577 501.
(By Sri. Jagan Mohan M.T., Advocate)
The State by Town Police
Chitradurga – 577 501.
Represented by the
State Public Prosecutor,
High Court Buildings,
Bengaluru – 560 001.
(By Sri. Vijay Kumar Majage, Addl. SPP)
This Criminal Petition is filed under Section
482 of Cr.P.C. praying to quash the entire
proceedings in C.C.No.967/2016 pending before II
Additional Civil Judge and J.M.F.C. Chitradurga as
per compromise divorce decree dated 28.04.2017
in M.C.No.120/2015 passed by the II Additional
Senior Civil Judge Chitradurga.
This Petition coming on for Admission, this
day, the Court made the following:-
Sri. Jagan Mohan M.T., learned counsel for the
Sri. Vijay Kumar Majage, learned Additional
SPP for the respondent.
The petition is admitted for hearing. With the
consent of both the parties, the same is heard
2. In this petition under Section 482 of the
Code of Criminal Procedure, 1973 (hereinafter
referred to as ‘the Code’ for short), the petitioner
inter alia seeks quashment of the proceedings in
C.C.No.967/2016 pending before II Additional Civil
Judge and J.M.F.C. Chitradurga, as per the
Compromise Divorce Decree dated 28.04.2017.
3. The facts giving rise to filing of this
petition, briefly stated are that the marriage
between the petitioner and the deceased-Harshitha
was performed on 19.10.2015. However,
subsequently, the deceased wife had filed complaint
against the petitioner for the offences punishable
under Sections 504, Section506, Section498A, Section143, Section313, Section323 and
Section149 of IPC and Sections 3 and Section4 of the Dowry
Prohibition Act, 1961. During the pendency of the
proceedings between the parties, the parties had
entered into a compromise on 28.04.2017. The
parties presented the aforesaid compromise petition
in the Court of the II Additional Senior Civil Judge
at Chitradurga. Thereafter, on 29.04.2017, the
deceased-Harshitha committed suicide. The
petitioner on the basis of compromise arrived at
between the parties has sought quashment of this
4. Learned counsel for the petitioner
submitted that continuance of the proceeding is an
exercise in futility as the wife of the petitioner
namely, Harshitha has already committed suicide. It
is further submitted that the petitioner and his
deceased wife had jointly filed the compromise
petition before the II Additional Senior Civil Judge.
The aforesaid fact has not been disputed by the
learned Additional SPP.
5. I have considered the submissions made
by learned counsel for both the sides and have
perused the record.
6. From perusal of the record, it is evident
that the compromise petition has been jointly filed
by the petitioner and his deceased wife – Harshitha.
Thereafter, admittedly, the wife of the petitioner
has committed suicide. In the fact situation of the
case, since the parties had amicably settled the
disputes between themselves, no purpose would be
served by continuing the proceeding, which has
been initiated by the petitioner. Continuing the
proceeding in the fact situation of the case amounts
to abuse of process of law. Accordingly, proceedings
in C.C.No.967/2016 pending before the II
Additional Civil Judge and J.M.F.C. Chitradurga is
quashed and the petition is allowed.