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Sri. M. Nandeshwara vs State Of Karnataka on 4 April, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.6781/2018

BETWEEN:
1. SRI. M. NANDESHWARA
AGED ABOUT 33 YEARS
S/O MURUGESHAN
NO.71/B-13, ANNANAGAR
OPP. JANANI GARDEN
HOSUR, KRISHNAGIRI DISTRICT
TAMIL NADU – 635 109.
2. SRI. MURUGESHAN
AGED ABOUT 69 YEARS
S/O GOVINDASWAMY NAIDU.
3. SMT. KANCHANA
AGED ABOUT 64 YEARS
W/O MURUGESHAN.

PETITIONER NO.2 3 ARE
RESIDING AT NO.55D/B-13
PAVITHRA LIIAM, ANNANAGAR
MUTHUMARIYAMMAN KOVIL
HOSUR, KRISHNAGIRI DISTRICT
TAMIL NADU – 635 109.
4. PADMAVATHI
AGED ABOUT 55 YEARS
W/O MURUGESHAN
NO.71/B-13, ANNANAGAR
OPP. JANANI GARDEN
HOSUR, KRISHNAGIRI DISTRICT
TAMIL NADU – 635 109.
… PETITIONERS
(BY SRI. ABHISHEK K., ADVOCATE)
2

AND:

1. STATE OF KARNATAKA
BY BANASWADI P.S.
REPRESENTED BY STATE
PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE – 560 001.

2. SMT. YAMUNA
NO.41, 7TH CROSS, 3RD CROSS
SUBBAIAHNAPALYA
BANGALORE – 560 033.
… RESPONDENTS
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. E. THIRTHAPPA., ADVOCATE FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C PRAYING TO QUASH THE FIR AND PRIVATE
COMPLAINT IN CRIME NO.280/2018 (REFFERED BY
P.C.R.NO.51040/2018) FOR THE OFFENCES PUNISHABLE
UNDER SECTION 498(A) OF IPC R/W 3 AND 4 OF D.P.ACT
REFERRED BY THE COURT OF XI ADDITIONAL CHIEF
METROPOLIATAN MAGISTRATE AT BENGALURU, FOUND
AT ANNEXURE A AND B REGISTERED BY THE
RESPONDENT NO.1 BANASWADI POLICE STATION
AGAINST THE PETITIONERS PENDING ON THE FILE OF XI
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE,
BANGALORE.

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

Petitioners who have been arraigned as accused

Nos.1 to 3 in Crime No.280/2018 (arising out of PCR

No.51040/2018) registered for the offences punishable

under Section under Section 498A of IPC and Sections

3 and 4 of Dowry Prohibition Act, 1961, pending on the

file of XI Addl. Chief Metropolitan Magistrate,

Bengaluru, are before this Court for quashing of the

said proceedings.

2. Today a joint affidavit has been filed by first

petitioner and second respondent whereunder it is

stated that disputes between both parties have been

amicably settled and second respondent has no

objection for quashing the proceedings in Crime

No.280/2018 (arising out of PCR No.51040/2018).

Since issue in question relates to a matrimonial

dispute, same has resulted in filing of a petition in

M.C.No.4149/2018, which has ended in

closure/disposal by virtue of memorandum of
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settlement entered into between parties before

Bangalore Mediation Centre, whereunder second

respondent herein has agreed to cooperate in quashing

the proceedings pending against petitioners, which has

also been accepted by the jurisdictional Family Court

vide decree dated 08.01.2019. Certified copy of order

sheet and decree drawn by the Family Court are also

annexed to the said joint affidavit. Hence, petitioners

have filed this petition for quashing of said proceedings.

3. In the light of settlement arrived at between

parties and second respondent/complainant, who is

present before Court submitting that she has no further

claims against petitioners and all her claims have been

amicably settled and she does not intend to prosecute

the proceedings initiated by her against the petitioners

and having expressed her consent and no objection for

proceedings being quashed, this Court is of the

considered view that joint affidavit filed today deserves

to be accepted.

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4. Parties are present before Court and they

reiterate the contents of joint affidavit filed today.

Second respondent also submitted that out of her own

free will, volition and without any threat, force or

coercion she has entered into such settlement and has

affixed her signature to the joint affidavit and she has

no objection for quashing of the proceedings initiated by

her against the petitioners. To establish the identities

of parties present before Court photocopies of identity

cards issued by the statutory authorities duly signed by

parties has also been produced along with joint

affidavit. In token of having identified the parties,

respective learned Advocates have also affixed their

signatures to the joint affidavit.

5. In the light of aforestated facts and keeping

in mind the principles laid down by the Apex Court in

the case of GIAN SINGH VS. STATE OF PUNJAB AND

ANOTHER reported in (2012) 10 SCC 303, this Court

is of the considered view that continuation of further

proceedings against petitioners would not sub-serve the
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ends of justice and it would be an abuse of process of

law. As such, this Court finds there is no impediment to

grant the prayer sought for.

Hence, I proceed to pass the following:

ORDER

(i) Criminal petition is allowed.

(ii) Proceedings pending against

petitioners in Crime No.280/2018

(arising out of PCR No.51040/2018)

registered for the offences punishable

under Section under Section 498A of

IPC and Sections 3 and 4 of Dowry

Prohibition Act, 1961, on the file of XI

Addl. Chief Metropolitan Magistrate,

Bengaluru, is quashed and petitioners

are acquitted of aforesaid offences.

SD/-

JUDGE

DR

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