Raj Kiran S/O Virupakshappa Agede vs The State Of Karnataka
2021 Latest Caselaw 6294 Kant

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             IN THE HIGH COURT OF KARNATAKA
                     DHARWAD BENCH

        DATED THIS THE 16TH DAY OF DECEMBER, 2021

                          BEFORE

             THE HON'BLE MRS.JUSTICE M.G.UMA

                   CRL.P NO.100710/2021

BETWEEN

1.   RAJ KIRAN S/O VIRUPAKSHAPPA
     AGED ABOUT 33 YEARS,
     OCC. SOFTWARE ENGINEER,
     R/O. AT NO.2518, 9TH A CROSS,
     13TH MAIN, E-LAYOUT, SAHAKARANAGARA,
     BANGALORE 560092.

2.   VIRUPAKSHAPPA S/O LATE BASAPPA J.
     AGED ABOUT 63 YEARS,
     OCC. RETIRED PERSON.
     R/AT. NO.2518, 9TH A CROSS,
     13TH MAIN, E-LAYOUT, SAHAKARANAGARA,
     BANGALORE 560092.

3.   BHUVANESWARI W/O VIRUPAKSHAPPA
     AGED ABOUT 60 YEARS,
     OCC. HOUSE WIFE,
     R/AT NO.2518, 9TH A CROSS,
     13TH MAIN, E-LAYOUT, SAHAKARANAGARA,
     BANGALORE 560092.

4.   SHASHI KIRAN S/O VIRUPAKSHAPPA
     AGED ABOUT 33 YEARS,
     OCC. ENGINEER, R/O. AT 2518,
     9TH A CROSS, 13TH MAIN,
     E-LAYOUT, SAHAKARINAGARA,
     BANGALORE 560092.
                                            ...PETITIONERS
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(BY SRI.HEMANTH KUMAR.K., ADV.)

AND

1.    THE STATE OF KARNATAKA
      KOTTUR POLICE STATION, KOTTURU,
      REP. BY STATE PUBLIC PROSECUTOR,
      HIGH COURT BUILDING, DHARWAD 580011

2.    SMT. K. SOUMYA W/O RAJ KIRAN E
      W/O RAJ KIRAN D/O THIPPESWAMY
      AGED ABOUT 28 YEARS,
      OCC. ENGINEER
      R/AT. NEAR KOLASHANTESWARA,
      HIGH SCHOOL,
      KOTTUR 583134.

                                                ...RESPONDENTS

(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1,
    SRI.J.S.SHETTY, ADV. FOR R2)


       THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING    TO   QUASH   FIR/COMPLAINT   IN   CRIME   NO.19/2021
REGISTERED BY THE KOTTUR POLICE STATION, KOTTUR, FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498(A) OF INDIAN PENAL
CODE ALONG WITH 3 AND 4 OF DOWRY PROHIBITION ACT, NOW THE
CASE IS PENDING ON THE FILES OF THE ADDITIONAL SENIOR CIVIL
JUDGE AND JMFC, KUDLIGI.



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

Though the matter is listed for admission, with consent of

the learned counsel appearing for the parties, it is taken up for

final disposal

2. Heard the learned counsel for the petitioners and

respondent No.2.

3. Respondent No.2 as the informant filed the first

information against accused Nos.1 to 4 alleging commission of

the offence punishable under Section 498A of IPC and Sections 3

and 4 of Dowry Prohibition Act. On the basis of the same, FIR in

crime No.19/2021 of Kottur police station was registered. During

investigation, accused Nos.1 to 4 have approached this court

invoking the inherent jurisdiction of this court under Section 482

of Cr.P.C. seeking to quash the criminal proceedings initiated

against them.

4. Learned counsel for the petitioners filed the memo

dated 27.09.2021 stating that the dispute between the parties is

already settled and respondent No.2/informant has agreed to

withdraw all the cases including the present one which were

instituted by her against the petitioners.

5. Learned counsel for the petitioners produced copy of

the judgment dated 30.08.2021 passed in M.C.No.46/2021 on

the file of the Senior Civil Judge and JMFC, Kudligi which was

filed by petitioner No.1 and respondent No.2 under Section 13-B

of the Hindu Marriage Act, 1955 seeking decree of divorce by

mutual consent, which was came to be allowed and the marriage

between accused No.1 and respondent No.2 was dissolved by

decree of divorce by mutual consent. The petitioners have also

produced affidavits sworn by accused No.1 and respondent No.2

in the said M.C.No.46/2021 wherein respondent No.2 specifically

stated that she has no objection to allow the criminal petition

filed by petitioner No.1 in Crl.P.No.100710/2021 i.e., the present

petition, pending before this court registered for the offence

punishable under Section 498A of IPC and Sections 3 and 4 of

D.P.Act.

6. In view of these developments, learned counsel for

the petitioners prays to allow the petition and quash the criminal

proceedings pending against the petitioners before the trial

court.

7. Learned counsel for respondent No.2 endorsed the

submission made by the learned counsel for the petitioners and

submitted that respondent No.2 has no objection to allow the

petition and quash the criminal proceedings. The said submission

of the learned counsel for respondent No.2 is placed on record.

8. Petitioner No.1 and respondent No.2 are admittedly

the husband and wife. It is stated that there was marital discard

between them which led to filing of the criminal complaint and

initiation of criminal proceedings. Now the marriage between

them is already dissolved by a decree of divorce by mutual

consent. Respondent No.2 has withdrawn all the complaints and

also allegations made against the petitioners. Under such

circumstances, I do not find any reason to continue the criminal

proceedings initiated against the petitioners. Quashing the

criminal proceedings will enable the parties to have a peaceful

life of their own. Hence, I am of the opinion that the criminal

proceedings is liable to be quashed. Accordingly, I proceed to

pass the following:

ORDER

The criminal petition is allowed.

The criminal proceedings initiated against the petitioners in

crime No.19/2021 of Kottur police station registered for the

offence punishable under Section 498A of IPC and Sections 3

and 4 of Dowry Prohibition Act is quashed.

Sd/-

JUDGE

MBS/-