Karnataka High Court
Mr Ramesh Kumar S vs State By East Zone Women'S Police ... on 5 February, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:5178
CRL.P No. 11519 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 11519 OF 2022
BETWEEN:
1. MR. RAMESH KUMAR. S.
S/O MR. K.SUBRAMANI,
AGED ABOUT 37 YEARS,
2. MRS. DAKSHAYANI B R
W/O MR. K.SUBRAMANI,
AGED ABOUT 58 YEARS,
3. MR. K.SUBRAMANI
S/O LATE KRISHNA SWAMY,
AGED ABOUT 69 YEARS,
ALL ARE R/AT NO.1181,
NEW NO.2801/4,
3RD CROSS, NEAR GOVT. SCHOOL,
KALASTRI NAGAR,
Digitally signed by
VEDAVATHI A K T. DASARAHALLI,
Location: High Court
of Karnataka BENGALURU - 560 057.
4. MRS. YAMUNA S
W/O MR. KANTHARAJU.G.Y.
AGED ABOUT 41 YEARS,
5. MR. KANTARAJU.G.Y.
S/O MR. YOGANANDAPPA.G.V.
AGED ABOUT 41 YEARS,
BOTH ARE R/AT NO.15,
GLOBAL AURA, FLAT NO.508,
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CRL.P No. 11519 of 2022
S.M.ROAD, JALAHALLI WEST,
BENGALURU NORTH,
BENGALURU - 560 015.
...PETITIONERS
(BY SRI. K.A.PRAKASH, ADVOCATE)
AND:
1. STATE BY EAST ZONE WOMEN'S POLICE STATION
PULIKESHINAGAR SUB-DIVISION,
BENGALURU CITY,
BENGALURU - 560 051.
REPRESENTED BY STATE PUBLIC PROSECUTOR,
BENGALURU - 560 051.
2. MRS. SHALINI R
D/O MR. RAJU K
W/O MR. RAMESH KUMAR,
AGED ABOUT 30 YEARS,
R/AT NO.17,
"RAJARAJESHWARI NILAYA",
2ND MAIN ROAD, GANGADHAR LAYOUT,
VIJAYANAGAR,
BENGALURU - 560 040.
...RESPONDENTS
(BY SRI. VENKAT SATYANARAYANA A., HCGP FOR R1/STATE;
R2-SERVED, UNREPRESENTED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO A. QUASH THE ENTIRE PROCEEDINGS
IN C.C.NO.31806/2022 ON THE FILE OF THE LEARNED VI
ACMM, BANGALORE (ANNEXUR-D). B.QUASH THE ENTIRE
PROCEEDINGS IN CR.NO.105/2022 FILED BY THE
RESPONDENT NO.1 FOR THE OFFENCE P/U/S 498A, 323, 504
R/W 34 OF IPC AND ALSO R/W SEC.3, 4 OF D.P ACT ON THE
FILE OF THE VI ACMM, BANGALORE (ANNEXURE-C).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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CRL.P No. 11519 of 2022
ORDER
This petition is filed by petitioner-accused Nos.1 to 5
under Section 482 of Cr.P.C. for quashing criminal proceedings
in C.C. No.31806/2022 arising out of Crime No.105/2022
registered by East Zone Women Police Station, Bengaluru, and
charge sheeted for the offences punishable under Sections
498A, 323, 504 and 34 of IPC, and Sections 3 and 4 of Dowry
Prohibition Act, pending on the file of VI Additional Chief
Metropolitan Magistrate, Bengaluru.
2. Heard the learned counsel appearing for the
petitioners, learned High Court Government Pleader for
respondent No.1-State. Respondent No.2 is served, and
unrepresented.
3. The case of prosecution is that on the complaint of
respondent No.2, the respondent-police registered FIR. It is
alleged that the complainant was physically and mentally
harassed by the petitioner-accused Nos.1 to 5. They received
dowry prior to the marriage of accused No.1 and respondent
No.2-complainant. The petitioner-accused No.1 has also filed
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divorce petition against the complainant seeking divorce. The
police after investigation, filed charge sheet, which is under
challenge.
4. The learned counsel for the petitioners has contended
that after filing of the charge sheet, the parties have settled
their dispute before the Family Court. The Family Court has
also granted divorce after the report of the Bangalore Mediation
Report (BMC). In the BMC report, it is stated that respondent
No.2 would cooperate with this Court for quashing the criminal
proceedings and she has also received permanent alimony.
Hence, prayed for quashing the proceedings against the
petitioners.
5. Having heard the learned counsel for the parties,
perused the records,
6. The issue in dispute is settled between the parties
before the BMC. The order sheet of the Family Court M.C.
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No.1840/2022 is produced, wherein it is stated that the divorce
has been granted between accused No.1 and respondent No.2,
and respondent No.2 has received Rs.5,50,000/- as permanent
alimony. It is further stated that respondent No.2 has
undertaken to co-operate for quashing the criminal proceedings
against the petitioners, before this Court. However, respondent
No.2 has not appeared before this Court.
7. Considering the facts and circumstances of the case
and 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) 10 SCC 303, wherein it has been held that
in matrimonial case, if the parties have settled the dispute
between them, the Court can quash the criminal proceedings if
it is not affecting the interest of the public at large. Here, in
this case, the parties have settled the dispute amicably.
Therefore, nothing left expect by quashing the proceedings.
Hence, continuing the criminal proceedings is abuse of process
of law.
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8. Accordingly, the criminal petition is allowed. The
criminal proceedings against the petitioner-accused Nos.1 to 5
in C.C. No.31806/2022 arising out of Crime No.105/2022
registered by East Zone Women Police Station, Bengaluru, and
pending on the file of VI Additional Chief Metropolitan
Magistrate, Bengaluru, is hereby quashed.
Sd/-
JUDGE
CS
CT:SK
