Karnataka High Court
Sri Ajay V Krishnan vs State Of Karnataka on 25 July, 2024
Author: K.Natarajan
Bench: K.Natarajan
-1-
NC: 2024:KHC:29252
CRL.P No. 5736 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 25TH DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 5736 OF 2024
BETWEEN:
SRI AJAY V KRISHNAN
S/O. V. S. KRISHNAN
AGED ABOUT 41 YEARS
RESIDING AT NO. 120
MAHAVEER SPRINGS
15TH MAIN, 17TH CROSS
SARAKKI KERE
J. P. NAGAR, 5TH PHASE
BENGALURU-560 078 ...PETITIONER
(BY SRI. SHAIJU KUMAR, ADV.)
AND:
1. STATE OF KARNATAKA
BY BASAVANAGUDI WOMEN
POLICE STATION, BENGALURU
REPRESENTED BY S. P. P.
HIGH COURT COMPLEX
BENGALURU-560 001
Digitally signed by
PRAJWAL A
Location: HIGH COURT 2. ARCHANA. N. J.
OF KARNATAKA D/O. N. S. JAYARAM
AGED ABOUT 40 YEARS
R/AT B5-1404, BDA
INDRAPRASHTHA
VALAGERE HALLI 5TH PHASE
MYSORE ROAD
BENGALURU-560 059 ...RESPONDENTS
(BY SMT.ANITHA GIRISH, HCGP FOR R1;
VIDE ORDER DATED 25.07.2024,
NOTICE TO R2 IS DISPENSED WITH)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE
-2-
NC: 2024:KHC:29252
CRL.P No. 5736 of 2024
PETITIONER IN C.C.NO.33672/2022 ON THE FILE OF THE 37TH ACMM
COURT, BENGLAURU UNDER SECTION 498-A AND 417 OF IPC 1872
VIDE ANNEXURE E.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE K.NATARAJAN
ORAL ORDER
(PER: HON'BLE MR JUSTICE K.NATARAJAN)
Learned HCGP accepts notice for respondent No.1.
Notice to respondent No.2 is dispensed with.
This petition is filed by accused No.1 under Section 482
of Cr.P.C. for quashing the criminal proceedings in
C.C.No.33672/2022 pending on the file of XXXVII Additional
C.M.M.Court, Bengaluru, arising out of Crime No.238/2022
registered by Basavanagudi Women Police Station and
charge sheeted for the offences punishable under Sections
498A and 417 of IPC.
2. Heard the arguments of Sri.Shaiju Kumar, learned
counsel for the petitioner and Smt.Anitha Girish, learned
HCGP for respondent No.1/State.
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3. It is the case of the prosecution that on the
complaint of respondent No.2, the Police have registered the
case for the alleged offences where the complainant married
petitioner on 26.05.2019; her husband/petitioner and in-
laws subjected her to physical and mental harassment and
demanded for additional dowry. Hence, she filed the
complaint and the Police have investigated the matter and
filed the charge sheet against almost five persons.
Petitioner along with his parents, sister and brother-in-law
approached this Court for quashing of the criminal
proceedings in Criminal Petition No.11847/2022 which came
to be allowed on 13.07.2023 by quashing the criminal
proceedings against accused Nos.2 to 5, but this Court
rejected the petition filed by this petitioner. Subsequently,
as contended by the learned counsel for the petitioner,
respondent No.2 filed divorce petition before the Family
Court in M.C.No.7384/2023 and the matter was settled
between the parties by filing divorce petition by mutual
consent and the permanent alimony was paid. The
mediation report also received by the Family Court where
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respondent No.2 undertaken to withdraw the complaint by
receiving Rs.17,50,000/- towards permanent alimony.
Hence, the petitioner is before this court seeking quashing of
the criminal proceedings.
4. Having heard the arguments and considering the
facts and circumstances of the case, it is to be noted that on
the earlier occasion this Court has rejected the petition filed
by the petitioner in Criminal Petition No.11847/2022 on
13.07.2023, subsequently, the divorce petition filed in
November 2023 by respondent No.2 and during the
pendency of the petition, petitioner as well as respondent
No.2 filed joint application under Section 13B(2) of the
Hindu Marriage Act, 1955 and the matter was referred to
Mediation Centre where mediation report dated 20.04.2024
was submitted whereunder the parties have settled the
issues and respondent No.2 undertakes to withdraw the
criminal case by receiving Rs.17,50,000/- as permanent
alimony.
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5. Such being the case, when the parties have settled
their matrimonial issues, in view of the judgment of the
Hon'ble Supreme Court in the case of Gian Singh -vs-
State of Punjab1, this Court cannot continue the criminal
proceedings. Accordingly, the following;
ORDER
The petition is allowed. The criminal proceedings
against accused No.1 in C.C.No.33672/2022 pending on the
file of XXXVII Additional C.M.M.Court, Bengaluru, is hereby
quashed.
Sd/-
(K.NATARAJAN)
JUDGE
KNM
(2012) 10 SCC 303
