Sri. D H Viswanathappa vs The State By Hulimavu on 11 January, 2023

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Karnataka High Court

Sri. D H Viswanathappa vs The State By Hulimavu on 11 January, 2023

Bench: Hemant Chandangoudar

                           1


IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 11TH DAY OF JANUARY, 2023

                         BEFORE

     THE HON'BLE Mr. JUSTICE HEMANT CHANDANGOUDAR

         CRIMINAL PETITION No.2861 OF 2017

BETWEEN:

1.      SRI. D H VISWANATHAPPA
        S/O LATE SR.HARALEGOWDA D.B.
        AGED ABOUT 75 YEARS,

2.      SMT.VISHALA
        W/O D.H.VISWANATHAPPA,
        AGED ABOUT 62 YEARS,

        PETITIONERS ARE
        R/AT NO.B 101, ANANDA VALMARK,
        DODDAKAMMANAHALLI MAIN ROAD,
        BANNERGATTA ROAD,
        BANGALORE-560 076.
                                         ...PETITIONERS
(BY SRI.P.V.MIRANDRA KUMAR ADV, FOR
    SRI.RAMA.R.IYER, ADV)

AND:

1.      THE STATE BY HULIMAVU
        POLICE STATION,
        REPRESENTED BY ITS SPP
        HIGH COURT OF KARNATAKA
        BANGALORE-560 001.

2.      SMT.SUMA K.S.
        FLAT NO.A1001,
                                2


     A BLOCK, AMODA VALMARK,
     DODDAKAMMANAHALLI MAIN ROAD,
     OFF BANNERGHATTA ROAD,
     BANGALORE-560 009.
                                     ...RESPONDENTS
(BY SRI.V.S.VINAYAKA, HCGP FOR R1;
    SRI.V.B.RAVISHANKAR, ADV FOR R2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR AGAINST
THE PETITIONER NO.1 AND 2 IN CRIME NO.250/2016
LODGED IN HULIMAVU POLICE STATION PENDING BEFORE
THE V A.C.M.M., BENGALURU BY THE RESPONDENT NO.2
U/S 34, 498A, 406, 420 OF IPC.


     THIS CRIMINAL PETITION COMING ON                      FOR
ADMISSION, THIS DAY, THE COURT MADE                        THE
FOLLOWING:

                           ORDER

Petitioner/accused Nos.2 and 3 have been charge sheeted for the offences under Sections 498-A 406, 417 read with Section 34 of IPC, alleging that the accused Nos.2 and 3 who are the parent-in-laws of the defacto complainant, subjected her to cruelty both mentally and physically.

2. The marriage of the accused No.1 was solemnized with defacto complainant and thereafter they went to USA to lead marital life, and later the accused 3 No.1 subjected defacto complainant to cruelty both mentally and physically, and with an intention to send the defacto complainant to India, induced the defacto complainant to leave USA by stating that they had to visit the ailing parents of accused No.1. The cognizance taken for the aforesaid offences is impugned by accused Nos.2 and 3 before this Court.

3. Learned counsel appearing for accused Nos.2 and 3 has furnished the copy of decree of divorce of mutual consent dissolving the marriage of the accused No.1 and defacto-complainant, and as per the terms of settlement, the defacto complainant has agreed to withdraw the impugned proceedings. Though the offences alleged are cognizable, having regard to the fact, that the parties have amicably settled the dispute, and the respondent No.2 has no objection for quashing the impugned proceedings, it would be a futile exercise, if the accused/petitioners are subjected to trial, since the 4 possibility of conviction is remote and bleak. Accordingly, I pass the following:

ORDER i. Criminal petition is allowed.

ii. The impugned proceedings in C.C.No.12814/2017 on the file of III ACMM, Bengaluru is hereby quashed.

Sd/-

JUDGE RKA

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