Karnataka High Court
Pruthvi Raju B L vs The State Of Karnataka on 19 July, 2021
Author: K.S.Mudagal
Crl.P.No.7811/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JULY 2021
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION No.7811/2018
BETWEEN:
1. PRUTHVI RAJU B.L.
S/O LAKSHMINARAYANA RAO
AGED ABOUT 38 YEARS
2. SUDHAMMA
W/O LAKSHMINARAYANA RAO
AGED ABOUT 67 YEARS
3. LAKSHMINARAYANA RAO
S/O LATE S.G.SURYANARAYANAPPA
AGED ABOUT 69 YEARS
4. SHUBHA L
D/O LAKSHMINARAYANA RAO
AGED ABOUT 39 YEARS
ALL ARE R/AT NO.2040/2
NEAR MUTHURAYASWAMY TEMPLE
PRASHANTHANAGARA
T.DASARAHALLI
BANGALORE - 560 057 ...PETITIONERS
(BY SRI D.S.MANJEGOWDA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY KOLAR WOMEN POLICE STATION
KOLAR - 563 101
2. MANJULA P @ BHARGHAVI
W/O PRUTHVI RAJ B.L.
D/O PRABHAKAR RAO
Crl.P.No.7811/2018
2
AGED ABOUT 30 YEARS
R/AT NO.264, 2ND CROSS
GOURIPETE
KOLAR - 563 101 ...RESPONDENTS
(BY SRI K.S.ABHIJITH, HCGP FOR R1;
SRI RAMAKRISHNA HEGDE, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS
INITIATED AGAINST THE PETITIONERS IN C.C.NO.214/2018
PENDING BEFORE THE PRINCIPAL SENIOR CIVIL JUDGE AND
CJM, KOLAR (ANNEXURE 'L' AND 'M').
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner No.1 and respondent No.2 are present
before the Court. They are duly identified by their
respective Counsel.
2. The above petition is filed seeking quashing of
the proceedings against the petitioners in
C.C.No.214/2018 on the file of Principal Senior Civil Judge
& CJM, Kolar. Petitioner Nos.2 and 3 are parents and
petitioner No.4 is the sister of petitioner No.1.
3. The marriage of petitioner No.1 and
respondent No.2 was solemnized on 12.10.2014. The
couple had troubled marriage. The couple lived together
hardly for 10 months. Petitioner No.1 filed
Crl.P.No.7811/2018
M.C.No.1111/2017 against respondent No.2 before III
Additional Family Court, Bengaluru seeking decree for
dissolution of their marriage on the ground of cruelty.
Petitioner No.3 filed O.S.No.1689/2017 against respondent
No.2 for permanent injunction restraining her from
interfering with his peaceful possession of the family
house.
4. Respondent No.2 filed the complaint before the
District Legal Services Authority, Kolar alleging that after
her marriage with petitioner No.1, the petitioners
subjected her to physical and mental cruelty in connection
with their demand for additional dowry. It was also alleged
that at the time of marriage on the demand of the
petitioners dowry in the form of gold jewellaries and cash
of Rs.5,00,000/- etc were given. The District Legal
Services Authority forwarded the said complaint to
respondent No.1 police.
5. On the basis of that complaint, respondent
No.1 registered first information report in Crime No.5/2017
(Annexure-D) against the petitioners for the offences
Crl.P.No.7811/2018
punishable under Sections 3 and 4 of the Dowry
Prohibition Act, 1961 (DP Act) and Section 498A read with
Section 34 of IPC.
6. On investigation, respondent No.1 submitted
charge sheet as per Annexure-L against the petitioners for
the offences punishable under Section 498A read with
Section 34 of IPC and Sections 3 and 4 of the DP Act. On
the basis of such charge sheet, the trial Court took
cognizance of the offences, registered the case in
C.C.No.214/2018 and summoned the petitioners to face
trial.
7. The petitioners have filed the above petition
seeking quashing of the said proceedings on the ground
that purely matrimonial dispute was given the colour of
criminal case to harass the petitioners.
8. It appears that pending these proceedings the
parties entered into settlement. By virtue of such
settlement, petitioner No.1 and respondent No.2 filed
M.C.No.84/2019 before the Principal Family Court, Kolar
Crl.P.No.7811/2018
under Section 13(B) of the Hindu Marriage Act, 1955 for
dissolution of their marriage by mutual consent.
9. Thereafter petitioner No.1 and respondent
No.2 have filed I.A.No.1/2021 under Section 482 of Cr.P.C.
read with Section 320 of Cr.P.C. for quashing the
impugned proceedings in view of the subsequent
developments. Along with the application, affidavits of
petitioner No.1, respondent No.2, copies of the judgment
and decree in M.C.No.84/2019 are submitted.
10. Perusal of the said judgment shows that both
the parties admitted before the Family Court that they will
withdraw the cases filed against each other and settle their
claims. Both petitioner No.1 and respondent No.2 are well
qualified. The judgment in M.C.No.84/2019 shows that
respondent No.2 receiving Rs.15,00,000/- as permanent
alimony consented for divorce and withdrawal of the
impugned proceedings. Recording that, the Family court
allowed M.C.No.84/2019 and passed decree for dissolution
of marriage on 28.10.2019.
11. It is reported that petitioner No.3 died and his
death certificate is also submitted. That shows that he died
Crl.P.No.7811/2018
on 11.07.2020. Therefore his petition stood abated. The
above facts and circumstances show that a matrimonial
dispute was cloaked into the criminal case.
12. Having regard to the aforesaid facts and
circumstances and the settlement entered into between
the parties, even if the impugned proceedings against
petitioner Nos.1, 2 and 4 were to continue, they serve no
purpose. Such proceedings amount to abuse of the process
of the Court.
13. The Hon'ble Supreme Court in Gian Singh vs.
State of Punjab1 has held that where the criminal
proceedings overwhelmingly and predominantly arise out
of matrimonial disputes, if the parties settle them mutually
and having regard the other circumstances, even if the
offences are non compoundable one, the High Court can
quash them.
For the aforesaid reasons, the petition is allowed.
The proceedings in C.C.No.214/2018 on the file of
Principal Senior Civil Judge and CJM, Kolar are hereby
quashed.
(2012)10 SCC 303
Crl.P.No.7811/2018
In view of disposal of the petition, I.A.No.1/2021 is
also disposed of accordingly.
Sd/-
JUDGE
KSR
