Karnataka High Court
Sri. Avinash Shetty vs State Of Karnataka By on 31 July, 2024
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2024:KHC:30340
CRL.P No. 10208 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF JULY, 2024
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 10208 OF 2023
BETWEEN:
1. SRI. AVINASH SHETTY,
S/O LATE MADHUKAR SHETTY,
AGED 28 YEARS,
R/AT OMKAR NIVAS, NITTE,
YEDDOTTU, KARKALA TALUK,
UDUPI DISTRICT - 574 110.
2. SRI. ASHWIN SHETTY,
S/O LATE MADHUKAR SHETTY,
AGED 30 YEARS,
R/AT OMKAR NIVAS, NITTE,
YEDDOTTU, KARKALA TALUK,
UDUPI DISTRICT - 574 110.
3. SMT. SUJATHA,
W/O LATE MADHUKAR SHETTY,
AGED 60 YEARS,
R/AT OMKAR NIVAS, NITTE,
YEDDOTTU, KARKALA TALUK,
Digitally signed by UDUPI DISTRICT - 574 110.
R HEMALATHA ...PETITIONERS
Location: HIGH (BY SRI. NISHIT KUMAR SHETTY., ADVOCATE)
COURT OF
KARNATAKA
AND:
1. STATE OF KARNATAKA BY
STATION HOUSE OFFICER,
MANGALURU WOMEN POLICE STATION,
REPRESENTED STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
BANGALORE - 560 001.
2. SMT. ASHALATHA,
AGED ABOUT 30 YEARS,
W/O AVINASH SHETTY,
R/AT ANAND NIVAS,
-2-
NC: 2024:KHC:30340
CRL.P No. 10208 of 2023
KANA ALANAR,
BELUVAYI VILLAGE
MOODABIDRE TALUK
D.K.DISTRICT - 574 227.
...RESPONDENTS
(BY SRI.N.B.PATIL, AGA FOR R1;
SRI.ABHISHEK SHETTY, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S 482 OF CR.P.C., PRAYING TO
ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS
AGAINST THEM IN C.C.NO.1697/2023 OF WOMEN POLICE STATION,
MANGALORE, PENDING ON THE FILE OF JMFC III COURT,
MANGALORE, FOR THE OFFENCE P/U/S 498A, 448, 354, 323, 504
AND 506 R/W SEC. 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
The petitioners/accused, who are sought to be prosecuted for offences punishable under Sections 498A, 448, 354, 323, 504, and 506 read with Section 34 of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act, are before this Court.
2. The case of the prosecution is that the petitioners/Accused No. 1 (Husband), Accused No. 2 (Brother-in- law), and Accused No. 3 (Mother-in-law) subjected the de facto complainant to both mental and physical cruelty and demanded that she bring money from her parental home.
3. The petitioners and Respondent No. 2 have filed an application under Section 482 read with Section 320(2) of the Cr.P.C., stating that Petitioner/Accused No. 1 and Respondent No.2 have amicably resolved the dispute among themselves in -3- NC: 2024:KHC:30340 CRL.P No. 10208 of 2023 M.C. No. 25/2024, filed by Petitioner/Accused No. 1 under Section 13(B) of the Hindu Marriage Act, 1955. In the said proceedings, the parties have agreed to dissolve their marriage mutually, and Respondent No. 2 has agreed to withdraw all the allegations against the petitioner and has no objection to quashing the proceedings.
4. The application is placed on record.
5. Although the offences are cognizable and non- compoundable, given the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise if the petitioners/accused are subjected to trial, as the probability of conviction is remote and bleak. Therefore, the continuation of the criminal proceedings would be an abuse of the process of law. Accordingly, I pass the following:
ORDER i. Criminal petition is allowed. ii. The impugned proceedings in C.C.No.1697/2023 on the file of III JMFC Court Mangalore, D.K District is hereby quashed.
Sd/-
(HEMANT CHANDANGOUDAR) JUDGE RKA