Karnataka High Court
Dr Thippe Rudrappa E C vs The Police Inspector on 8 June, 2021
Author: K.S.Mudagal
CRL.P.NO.7067/2018
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 8TH DAY OF JUNE, 2021
BEFORE
THE HON'BLE MRS. JUSTICE K.S.MUDAGAL
CRIMINAL PETITION NO.7067 OF 2018
BETWEEN:
1. DR THIPPE RUDRAPPA E C
S/O LATE CHANNABASAPPA,
AGED ABOUT 77 YEARS
2. SMT.PREMA
W/O THIPPE RUDRAPPA E.C.
AGED ABOUT 67 YEARS
BOTH ARE R/AT
SREE BASAVAKRUPA,
GUMASTHA COLONY,
2ND CROSS, CHITRADURGA TOWN,
CHITRADURGA DISTRICT-577 501
... PETITIONERS
(BY SRI ADINARAYANAPPA, ADVOCATE)
AND:
1. THE POLICE INSPECTOR
RAMAMURTHYNAGAR POLICE STATION,
BANASWADI SUB DIVISION,
BANGALORE-560 016.
2. SMT.ASHWINI S.J.
W/O ARUNKUMAR E.T.
CRL.P.NO.7067/2018
2
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,
BANGALORE-560 043.
... RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1;
SRI. G.S.ARUNA, ADV. FOR SRI.SHANMUKHAPPA,
ADV. FOR R2)
-----
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING THIS HONBLE COURT TO QUASH
THE FIR AND CHARGE SHEET FILED BY THE 1ST
RESPONDENT AGAISNT THE PETITIONERS IN CRIME
NO.261/2017 WHICH IS PENDING AS C.C.NO.53271/2018
ON THE FILE OF X ADDITIONAL CHIEF METROPOLITAN
MAGISTRATE AT BANGALORE WHICH ARE PRODUCED AT
ANNEXURE A & B.
THIS CRIMINAL PETITION COMING ON FOR ORDERS,
THIS DAY, THE COURT THROUGH VIDEO CONFERENCE MADE
THE FOLLOWING:
ORDER
Learned counsel for the petitioners, 2nd respondent
and learned HCGP are present.
2. Both side submit that the dispute between
the parties is predominantly matrimonial dispute. They
further submit that the parties entered into settlement
CRL.P.NO.7067/2018
during mediation in MC.No.2460/2017. They further
submit that recording the same, in similar proceedings
in Crl.P.No.7019/2018 on 15.07.2021 the impugned
proceedings against the co-accused was quashed. In
view of the aforesaid facts and circumstances, office
objections are over ruled.
3. Heard.
4. Petitioners are accused Nos.2 & 3 in Crime
No.261/2017 of Ramamurthynagara Police Station and
they are the parents of accused No.1 in the said case.
Accused Nos.4 to 7 are other relatives of accused No.1.
The marriage of accused No.1 and respondent No.2 was
solemnized on 10.02.2016 at Bangalore. They had a
troubled marriage.
5. Respondent No.2 filed complaint in crime
No.261/2017 against the petitioners and other accused
alleging cruelty. Respondent No.1/Police registered the
same against the petitioners and other accused for the
CRL.P.NO.7067/2018
offences punishable under Sections 498A, 504, 506, 420
r/w Section 34 of IPC and Sections 3 & 4 of the Dowry
Prohibition Act, 1961.
6. On taking cognizance, the Trial Court
registered the case in C.C.No.53271/2018 and
summoned the petitioners to take up the trial.
7. The petitioners seek quashing of the said
proceedings on the ground that the matrimonial case is
the given the colour of the criminal case only to harass
them. As already noted, the proceedings against the co-
accused were quashed in Crl.P.No.7019/2018 on
15.04.2021, in view of the compromise entered into
between the parties during the mediation in
MC.No.2460/2017.
8. In the light of the said compromise, even if
the impugned proceedings were to continue, they would
not serve any purpose. The dispute was predominantly a
family dispute. The Hon'ble Supreme Court in Gian
CRL.P.NO.7067/2018
Singh vs. State of Punjab and another held that in
such cases invoking inherent power under Section 482
of Cr.P.C., the High Court can quash the proceedings.
9. Having regard to the said judgment and facts
and circumstances of the case, the petition is allowed.
The FIR in Crime No.261/2017 of Ramamurthy
Nagar Police Station and the proceedings in
C.C.No.53271/2018 on the file of the X Additional Chief
Metropolitan Magistrate, Bengaluru are hereby quashed.
Sd/-
JUDGE
KTY
(2012)10 SCC 303
