Karnataka High Court
Ashwin J Chettiyar vs Smt. Rekha on 15 February, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.6520 OF 2020
BETWEEN
1 . ASHWIN J CHETTIYAR
S/O LATE JAGADEESHAN CHETTIYAR
AGED ABOUT 39 YEARS
2 . KANCHANA J
W/O LATE JAGADEESHAN CHETTIYAR
AGED ABOUT 35 YEARS
BOTH ARE RESIDING AT R/AT NO.79
SRI SAI CELEBRITY GRANDEVAR
ANNEX 1ST MAIN
BANDENALLASANDRA
JIGANI
BANGALORE-560 015
... PETITIONERS
(BY SRI ANITHA R, ADVOCATE)
AND
1 . SMT. REKHA
D/O RAVI PRASAD
AGED ABOUT 33 YEARS
RESIDING AT NO.306
SAIRAM AVENUE, III CROSS
BALAJI RAOD, NAIDU LAYOUT
AREHALLI
BENGALURU-560 061
2 . THE STATE BY JIGNI P.S
2
ANEKAL
REPRESENTED BY THE SPP
OFFICE OF THE ADVOCATE GENERAL
HIGH COURT BUILDING
BANGALORE-560 001
... RESPONDENTS
(BY SRI B.J. ROHITH, HCGP FOR R2
SRI B.M. CHANDRASHEKARA, ADVOCATE FOR R1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.148/2018 ON THE FILE OF ADDITIONAL CIVIL JUDGE
(JR.DN.) AND J.M.F.C., ANEKAL, BENGALURU RURAL DISTRICT
AND CR.NO.088/2017 FOR THE OFFENCE PUNISHABLE UNDER
SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT AND
SECTION 323 AND 498(A) READ WITH SECTION 34 OF IPC
FILED AT JIGANI POLICE STATION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused Nos.1
and 2 under Section 482 of Cr.P.C for quashing the
criminal proceedings against the petitioners in
C.C.No.148/2018 pending on the file of Additional Civil
Judge and JMFC Court, Anekal, Bengaluru Rural District in
Crime No.88/2017 registered by Jigani Police Station,
Bengaluru for the offences punishable under Sections
498A, 323 read with Section 34 of IPC and Sections 3 and
4 of the Dowry Prohibition Act, 1961.
2. Learned counsel for the petitioners has
contended that during pending of criminal proceedings,
petitioner No.1 has filed divorce case in M.C.1257/2017
before the Family Court, Bengaluru and respondent No.1
appeared through her counsel and subsequently, the
matter was referred to Mediation Centre and also settled
before Mediation Centre and accordingly, the divorce has
been granted by the Family Court and as per the terms of
conditions at paragraph No.5 of memorandum of
settlement, respondent No.1 shall withdraw the complaint
filed by her before the Police. Therefore, the petitioners
are before this Court. Hence, prayed for quashing the
same.
3. Learned counsel for respondent No.1 appeared
through video conferencing and submits that the matter
has been settled before the Mediation Centre and divorce
has been granted by the competent Family Court.
4. Heard learned High Court Government Pleader
for the respondent No.2-State.
5. In view of amicable settlement between the
parties before the Mediation Centre and the matrimonial
case in M.C.No.1257/2017 before the II Additional Prl.
Judge, Family Court, Bengaluru, the divorce has been
granted and as per the terms of condition at paragraph
No.5 of memorandum of settlement, respondent No.1 shall
withdraw the complaint and co-operate in quashing the
criminal proceedings before this Court. Such being the
case, continuing the case against the petitioners is abuse
of process of law. In view of the judgment of the Hon'ble
Supreme Court in the case of Gian Singh vs. State of
Punjab and Another reported in 2012 CRI.L.J.4934,
the criminal proceedings against the petitioners required to
be quashed.
6. Accordingly, the criminal petition is allowed.
7. The proceedings against the petitioners in
C.C.No.148/2018 pending on the file of Additional Civil
Judge and JMFC Court, Anekal, Bengaluru Rural District is
hereby quashed.
7. In view of disposal of the main petition,
pending I.A.No.1/2020 does not survive for consideration
and the same is disposed of.
Sd/-
JUDGE
GBB
