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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)
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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
