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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF AUGUST, 2017
BEFORE
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.5875/2017
BETWEEN:
ROHAN KUMAR RANGARAO JADHAV
S/O. RANGARAO BAPU JADHAV
AGED ABOUT 37 YEARS,
R/AT NO.4/1, BRIGHT FARM,
THUBRAHALLI, BENGALURU – 560 061
NOW R/AT 107, 3RD CROSS,
DOCTOR’S LAYOUT,
KASTURINAGAR,
BANGALORE – 560 043
…PETITIONER
(BY SRI. HARISH H.V., ADVOCATE)
AND:
1. SMT. LEENA GARUDESHWARAN
W/O. ROHAN KUMAR RANGARAO
JADHAV, AGED ABOUT 40 YEARS,
R/AT HOUSE NO.5 C,
BRIGHT FARM, THUBRAHALLI,
VARTHUR ROAD, BENGALURU-560 062
2. STATE OF KARNATAKA
REP. BY ITS VARTHUR POLICE
STATION, BANGALORE.
NOW REP. BY ITS PUBLIC
PROSECUTOR
2
HIGH COURT COMPLEX,
BANGALORE – 560 001
… RESPONDENTS
(BY SRI.RAJESH GOWDA, ADV. FOR R-1;
SRI. S. RACHAIAH, HCGP FOR R-2)
THIS CRIMINAL PETITION IS FILED U/S 482
CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.1611/2016 ON THE FILE OF
THE II A.C.J.M., BANGALORE RURAL DISTRICT,
BANGALOR FOR THE OFFENCE P/U/S 3, 4 OF D.P. ACT
AND U/S 498A OF IPC ACT IN THE ABOVE PETITION.
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.123/2015 has sought for quashing of said
proceedings in C.C.No.1611/2016 pending on the file
of II Addl. Chief Judicial Magistrate, Bangalore Rural
District, Bangalore, whereunder petitioner has been
charged for the offences punishable under Sections 3
and 4 of the Dowry Prohibition Act, 1961 and Section
498A of Cr.P.C.
2. Heard Sri.Harish H.V., learned counsel
appearing for petitioner, Sri.Rajesh Gowda A.N,
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learned counsel appearing for first respondent and
Sri. S. Rachaiah, learned HCGP appearing for second
respondent-State. Perused the records.
3. Marriage between petitioner and first
respondent herein was solemnised on 26.11.2007 in
Guruvayur Temple at Kerala, which was duly
registered before the Registrar of Marriage, Varthur,
Bangalore. On account of irretrievable differences
having arisen between parties, marriage is said to
have been broken down and petitioner herein had
filed a petition for dissolution of marriage in
M.C.No.1875/2015 on the file of Family Court,
Bengaluru. In the said proceedings matter came to
be referred to Mediation Centre and settlement was
arrived at between parties and as agreed to between
parties therein, marriage solemnised on 26.11.2007
was agreed to be dissolved and terms agreed to
between the parties was reduced into writing by way
of settlement, which is at document No.5.
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4. In the meanwhile, first respondent herein
had filed a complaint against petitioner alleging
harassment for dowry, which came to be registered as
Cr.No.123/2015 and on completion of investigation,
charge sheet came to be filed in C.C.No.1611/2016.
5. Today both parties have appeared before
Court namely, petitioner and first respondent and
have filed a joint memo whereunder they have stated
that on account of divorce having been granted by the
jurisdictional Family Court, first respondent-
complainant is not interested to prosecute the
complaint lodged by her and she has no objection for
quashing the proceedings pending in
C.C.No.1611/2015. She has further reiterated the
contents of Joint Memo and submits that without any
force, threat or coercion she has affixed her signature
to the Joint Memo.
6. Petitioner is also present before Court and
he has also reiterated the terms agreed before the
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Family Court in M.C.No.1875/2015. Learned
Advocates appearing for parties have filed a memo
enclosing the photocopies of the identity cards issued
by statutory authorities to establish the identity of
parties present before Court.
7. In the light of aforestated facts and taking
into consideration 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, this Court is of the considered view that
continuation of further proceedings in
C.C.No.1611/2016 would not sub-serve the ends of
justice and it would be an abuse of process of law.
Hence, I proceed to pass the following:
ORDER
(i) Criminal petition is hereby allowed.
(ii) Proceedings in C.C.No.1611/2016
pending on the file of II Addl. Chief
Judicial Magistrate, Bangalore Rural
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District, Bangalore, is hereby
quashed.
(iii) Petitioner is acquitted of the offences
under Section 498-A of Cr.P.C. r/w
Sections 3 and 4 of Dowry
Prohibition Act, 1961.
SD/-
JUDGE
DR
