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Sri K V Muralidhar vs The State By Town Police on 28 May, 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 28TH DAY OF MAY 2019

BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE

CRIMINAL PETITION NO.2086 OF 2019

BETWEEN:

Sri K. V. Muralidhar,
Son of Vittala Rao,
Aged about 35 years,
Residing at Kalpashree Nilaya,
Gopalapura Main Road,
Chitradurga Town – 577 501.
… Petitioner
(By Sri. Jagan Mohan M.T., Advocate)

AND:

The State by Town Police
Chitradurga Town,
Chitradurga – 577 501.
Represented by the
State Public Prosecutor,
High Court Buildings,
Bengaluru – 560 001.
… Respondent
(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
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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:-

ORDER

Sri. Jagan Mohan M.T., learned counsel for the

petitioner.

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

finally.

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.
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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

proceeding.

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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
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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.

Sd/-

JUDGE

Mds/-

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