Sri Nagaraj vs The Police Inspector
2021 Latest Caselaw 1892 Kant

                                    Crl.P.No.7019/2018

                          1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 15TH DAY OF APRIL 2021

                       BEFORE

        THE HON'BLE MRS. JUSTICE K.S.MUDAGAL

         CRIMINAL PETITION No.7019/2018

BETWEEN:

1.      SRI NAGARAJ S/O SOMASHEKAR
        AGED ABOUT 47 YEARS

2.      SMT SHALINI W/O NAGARAJ
        AGED ABOUT 42 YEARS

        BOTH ARE RESIDING AT
        NO.260, 6TH MAIN, 6TH BLOCK
        BEL LAYOUT, VIDHYARANYAPURA
        BENGALURU-560 097

3.      SRI SHARATH KUMAR E.T.
        S/O THIPPERUDRAPPA
        AGED ABOUT 41 YEARS

4.      SMT JYOTHI SHARATH KUMAR
        W/O SHARATH KUMAR E.T.,
        AGED ABOUT 36 YEARS

        THE PETITIONER NOS.3 AND 4 ARE
        AT GURU KOTTURESHWARA CLINIC
        HOLALKERE ROAD
        CHITRADURGA
        CHITRADURGA DISTRICT-577 546
                                     ... PETITIONERS

(BY SRI. ADINARAYANAPPA, ADVOCATE)
                                       Crl.P.No.7019/2018

                           2



AND:

1.     THE POLICE INSPECTOR
       RAMAMURTHYNAGAR POLICE STATION
       BANASWADI SUB-DIVISION
       BENGALURU-560 016

2.     SMT ASHWINI S.J.
       W/O ARUNKUMAR E.T.
       D/O JAYADEVA S.M.
       AGED ABOUT 29 YEARS
       R/AT NO.25, FLAT NO.203
       SRI RANGA MANSSION
       4TH MAIN, 3RD CROSS,
       O.M.B.R. LAYOUT
       BENGALURU-560 043             ... RESPONDENTS

(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1;
    SRI. SHANMUKHAPPA, ADV. FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR
AND CHARGE SHEET FILED BY THE 1ST RESPONDENT
AGAINST THESE PETITIONERS IN CRIME NO.261/2017
WHICH IS PENDING AS C.C.NO.53271/2018 ON THE
FILE OF THE X ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AT BENGALURU WHICH ARE PRODUCED
AT ANNEXURES - 'A' AND 'B'.

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

                      ORDER

Learned counsel for the petitioner serves the

copy on the learned HCGP for respondent No.1.

Therefore, office objection stood complied.

Crl.P.No.7019/2018

2. Learned counsel for respondent No.2

appears virtually. Learned counsel for the petitioners

present. Heard both side.

3. "Whether the proceedings in Crime

No.261/2017 of Ramamurthy Nagar police station

which are now pending in C.C.No.53271/2018 on the

file of the X Additional Chief Metropolitan Magistrate,

Bengaluru against the petitioners amounts to the

abuse of the process of the Court?" is the question

involved in this case.

4. Petitioners are accused Nos.4 to 7 in

Crime No.261/2017 of Ramamurthy Nagar police

station. Accused No.1 in the said case is the

husband of respondent No.2. The petitioners are the

relatives of accused No.1. The marriage of accused

No.1 and respondent No.2 was solemnized on

10.02.2016 at Bengaluru. Respondent No.2 and

accused No.1 had troubled marriage.

Crl.P.No.7019/2018

5. Respondent No.2 filed complaint before

respondent No.1 - police in Crime No.261/2017

against the petitioners and accused Nos.1 to 3.

Accused Nos.2 and 3 are the parents of accused No.1.

Respondent No.1 after investigation filed the charge

sheet against the petitioners and the other accused

for the offences punishable under Sections 498A,

504, 506 and 420 read with Section 34 of IPC and

Sections 3 and 4 of the Dowry Prohibition Act.

6. On taking cognizance, jurisdictional

Magistrate has registered the same in

C.C.No.53271/2018 and summoned the petitioners.

Petitioners are challenging the said proceedings on

the ground that the matrimonial dispute between

respondent No.2 and accused No.1 is cloaked into

criminal case to harass the petitioners.

7. Pending these proceedings, respondent

No.2 filed M.C.No.2460/2017 against accused No.1 -

Arun Kumar E.T., before the Principal Judge, Family Crl.P.No.7019/2018

Court, Bengaluru for declaration of nullity of

marriage.

8. Learned counsel for petitioners and

respondent No.2 under the signature of respondent

No.2 filed memo reporting that the parties have

settled the matter in M.C.No.2460/2017 and they

have also produced the compromise petition and

decree passed in M.C.No.2460/2017.

9. The said records show that the parties

were referred to mediation in M.C.No.2460/2017.

During mediation, parties arrived at a settlement and

filed the compromise petition under Order XXIII Rule

3 of CPC on 22.02.2019. The said records further

show that there were other proceedings also between

the parties namely M.C.No.5958/2017 filed by

accused No.1 against respondent No.2 and

O.S.No.4844/2017 between the mother of respondent

No.2 and the petitioners/party. All those matters are

settled.

Crl.P.No.7019/2018

10. In para 7 of the compromise petition,

respondent No.2 has agreed that she will co-operate

for quashing the impugned proceedings. Recording

the same, the Trial Court has drawn the decree of

dissolution of marriage.

11. From the aforesaid facts, it becomes clear

that the matrimonial dispute was turned to the

criminal case. In view of the compromise between the

parties, the proceedings against the petitioners in the

impugned proceedings serve no purpose and that

amounts to the abuse of the process of the Court.

12. The Hon'ble Supreme Court in Gian

Singh vs. State of Punjab and another1held that in

such cases invoking inherent power under Section

482 of Cr.P.C., the High Court can quash the

proceedings.

(2012)10 SCC 303 Crl.P.No.7019/2018

13. Having regard to the said judgment and

facts and circumstances of the case, the petition is

allowed. The impugned proceedings in Crime

No.261/2017 of Ramamurthy Nagar Police Station

which are now pending in C.C.No.53271/2018 on the

file of the X Additional Chief Metropolitan Magistrate,

Bengaluru are hereby quashed.

Sd/-

JUDGE KG