Karnataka High Court
Sri Ajay V Krishnan vs State Of Karnataka on 25 July, 2024
Author: K.Natarajan
Bench: K.Natarajan
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CRL.P No. 5736 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 5736 OF 2024
BETWEEN:
SRI AJAY V KRISHNAN
S/O. V. S. KRISHNAN
AGED ABOUT 41 YEARS
RESIDING AT NO. 120
MAHAVEER SPRINGS
15TH MAIN, 17TH CROSS
SARAKKI KERE
J. P. NAGAR, 5TH PHASE
BENGALURU-560 078 ...PETITIONER
(BY SRI. SHAIJU KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
BY BASAVANAGUDI WOMEN
POLICE STATION, BENGALURU
REPRESENTED BY S. P. P.
HIGH COURT COMPLEX
BENGALURU-560 001
Digitally signed by
PRAJWAL A
Location: HIGH COURT 2. ARCHANA. N. J.
OF KARNATAKA D/O. N. S. JAYARAM
AGED ABOUT 40 YEARS
R/AT B5-1404, BDA
INDRAPRASHTHA
VALAGERE HALLI 5TH PHASE
MYSORE ROAD
BENGALURU-560 059 ...RESPONDENTS
(BY SMT.ANITHA GIRISH, HCGP FOR R1;
VIDE ORDER DATED 25.07.2024,
NOTICE TO R2 IS DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
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CRL.P No. 5736 of 2024
PETITIONER IN C.C.NO.33672/2022 ON THE FILE OF THE 37TH ACMM
COURT, BENGLAURU UNDER SECTION 498-A AND 417 OF IPC 1872
VIDE ANNEXURE E.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.NATARAJAN) Learned HCGP accepts notice for respondent No.1. Notice to respondent No.2 is dispensed with. This petition is filed by accused No.1 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.33672/2022 pending on the file of XXXVII Additional C.M.M.Court, Bengaluru, arising out of Crime No.238/2022 registered by Basavanagudi Women Police Station and charge sheeted for the offences punishable under Sections 498A and 417 of IPC.
2. Heard the arguments of Sri.Shaiju Kumar, learned counsel for the petitioner and Smt.Anitha Girish, learned HCGP for respondent No.1/State.
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3. It is the case of the prosecution that on the complaint of respondent No.2, the Police have registered the case for the alleged offences where the complainant married petitioner on 26.05.2019; her husband/petitioner and in- laws subjected her to physical and mental harassment and demanded for additional dowry. Hence, she filed the complaint and the Police have investigated the matter and filed the charge sheet against almost five persons. Petitioner along with his parents, sister and brother-in-law approached this Court for quashing of the criminal proceedings in Criminal Petition No.11847/2022 which came to be allowed on 13.07.2023 by quashing the criminal proceedings against accused Nos.2 to 5, but this Court rejected the petition filed by this petitioner. Subsequently, as contended by the learned counsel for the petitioner, respondent No.2 filed divorce petition before the Family Court in M.C.No.7384/2023 and the matter was settled between the parties by filing divorce petition by mutual consent and the permanent alimony was paid. The mediation report also received by the Family Court where -4- NC: 2024:KHC:29252 CRL.P No. 5736 of 2024 respondent No.2 undertaken to withdraw the complaint by receiving Rs.17,50,000/- towards permanent alimony. Hence, the petitioner is before this court seeking quashing of the criminal proceedings.
4. Having heard the arguments and considering the facts and circumstances of the case, it is to be noted that on the earlier occasion this Court has rejected the petition filed by the petitioner in Criminal Petition No.11847/2022 on 13.07.2023, subsequently, the divorce petition filed in November 2023 by respondent No.2 and during the pendency of the petition, petitioner as well as respondent No.2 filed joint application under Section 13B(2) of the Hindu Marriage Act, 1955 and the matter was referred to Mediation Centre where mediation report dated 20.04.2024 was submitted whereunder the parties have settled the issues and respondent No.2 undertakes to withdraw the criminal case by receiving Rs.17,50,000/- as permanent alimony.
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5. Such being the case, when the parties have settled their matrimonial issues, in view of the judgment of the Hon'ble Supreme Court in the case of Gian Singh -vs- State of Punjab1, this Court cannot continue the criminal proceedings. Accordingly, the following;
ORDER The petition is allowed. The criminal proceedings against accused No.1 in C.C.No.33672/2022 pending on the file of XXXVII Additional C.M.M.Court, Bengaluru, is hereby quashed.
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(K.NATARAJAN) JUDGE KNM List No.: 2 Sl No.: 6 1 (2012) 10 SCC 303