Karnataka High Court
Gowardan vs The State Of Karnataka on 11 September, 2019
Author: P.S.Dinesh Kumar
Bench: P.S. Dinesh Kumar
1
CRL.P. NO.5922/2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF SEPTEMBER, 2019
BEFORE
THE HON'BLE MR. JUSTICE P.S. DINESH KUMAR
CRIMINAL PETITION No.5922 OF 2019
BETWEEN:
1. GOWARDAN
S/O LATE SUBRAMANI
AGED ABOUT 25 YEARS
R/AT KARAHALLI VILLAGE
BANGARPET TALUK
KOLAR DISTRICT-517 247
2. PARTHIBAN
S/O SARAVANAN K.V
AGED ABOUT 19 YEARS
R/AT KARAHALLI VILLAGE
BANGARPET TALUK
KOLAR DISTRICT-517 247
3. UDAYAKUMAR
S/O MUNIRAJAPPA
AGED ABOUT 30 YEARS
R/AT KARAHALLI VILLAGE
BANGARPET TALUK
KOLAR DISTRICT-517 247 ... PETITIONERS
(BY SHRI. M.G. KANTHARAJAPPA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BANGARPET POLICE STATION
BANGARPET-517 247
REPRESENTED BY
2
CRL.P. NO.5922/2019
STATE PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BANGALORE-560 001
2. AISHWARYA N
W/O GOWARDAN
AGED ABOUT 20 YEARS
R/AT KARAHALLI VILLAGE
BANGARPET TALUK
KOLAR DISTRICT-517 247 ... RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R-1;
SHRI. S.S. MANU SHANKAR, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN
THE LEARNED II ADDITIONAL DISTRICT AND SESSIONS
JUDGE, KOLAR, IN S.C.NO.94/2018, FOR THE OFFENCE
P/U/S.376,323,506 R/W SEC.34 OF IPC AND 4 AND 8 OF
POSCO ACT, 2012 REGISTERED BY THE RESPONDENT NO.1
SUB-INSPECTOR OF POLICE, BANGARPET POLICE STATION,
BANGARPET, IN ANNEXURE- "C" BY ALLOWING THIS
CRIMINAL PETITION.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
This petition is filed challenging the criminal proceedings in SC No.94/2018 initiated for offences punishable under Sections 376, 323, 506 r/w Section 34 of IPC. Second respondent-complainant registered FIR No.7/2018 in Bangarpet Police Station, KGF District, on 3 CRL.P. NO.5922/2019 05.01.2018 alleging that first petitioner had married her on 04.01.2018 and that his relatives took away her husband on the following day from railway station. Accordingly, she alleged commission of aforementioned offences against four accused. Accused No.4 Pillappa passed away whilst investigation was in progress. After investigation, police have filed charge sheet.
2. During the course of hearing today, learned advocates for the petitioners and second respondent jointly submitted that parties have reconciled matrimonial dispute and living happily. The couple have also been blessed with a male child. In the circumstances, they prayed that criminal proceedings against the petitioners be quashed.
3. Learned HCGP submitted that in view of the fact that prosecutrix herself has come forward before this Court with a prayer to quash the proceedings, this Court may consider the prayer.
4CRL.P. NO.5922/2019
4. I have carefully considered rival submissions and perused the records.
5. The complaint dated 05.01.2018 in substance shows that first petitioner and second respondent were married in Ganapathi Temple near Ramamandir. They stayed in the house of one Shri Sathish on that night. On the following day, first petitioner, his wife and her parents had purchased tickets to travel to Kakinada in Andhra Pradesh. In the railway station, accused Nos. 2 and 3 forcibly took away first petitioner and also assaulted second respondent's parents. Accordingly, FIR has been registered.
6. The joint affidavit of first petitioner and second respondent reads as follows:
JOINT AFFIDAVIT "We, GOWARDAN, S/O LATE SUBRAMANI, AGED ABOUT 25 YEARS, R/AT KARAHALLI VILLAGE, BANGARPET TALUK, KOLAR DISTRICT and PARTHIBAN, S/O SARAVANAN K.V, AGED ABOUT 19 YEARS R/AT KARAHALLI VILLAGE, BANGARPET TALUK, KOLAR DISTRICT and UDAYAKUMAR, S/O MUNIRAJAPPA, AGED ABOUT 30 YEARS, R/AT KARAHALLI VILLAGE, BANGARPET TALUK, KOLAR DISTRICT and AISHWARYA. N, W/O GOWARDAN, AGED ABOUT 20 YEARS, 5 CRL.P. NO.5922/2019 R/AT KARAHALLI VILLAGE, BANGARPET TALUK, KOLAR DISTRICT. Today at Bengaluru do hereby state on solemn affirmation as follows.
1. We are the petitioners No.1 to 3 and respondents No.2 in the above petition, we are acquitted (sic acquainted) with the facts of the case and hence we are competent to swear to this affidavit.
2. We state that at the intervention of the elders and well wishers and family members, the petitioners and respondents have resolved their dispute amicably and reached to a settlement, out of court, which is culminated in this joint affidavit.
3. That the petitioner No.1 and respondent No.2 are married on 04/01/2018, out of their wedlock one mail (sic male) child was born namely Niharika, and happy married life till today, therefore, I have no objection to quash the charge sheet.
4. The parties have entered in to this joint affidavit on their own volition without any influence or coercion and after understanding the contents of the joint affidavit.
Wherefore, the parties herein respectfully pray that this Hon'ble court may kindly be pleased to quash the charge sheet in the learned II Addl. District and sessions judge Kolar, in SC.No.94/2018 for the offences punishable under section 376, 323, 506 r/w 34 IPC and 4, 8 POSCO Act 2012 in the interest of justice and equity."
7. The parents of second respondent have also filed a joint affidavit which reads as follows:
JOINT AFFIDAVIT "We, Narendra Babu N, S/o late Natesh, aged about 67 years, R/at.Karahalli village, Bangarpet Taluk, Kolar District and Suryakumari W/o NarendraBabu N, aged about 45 years, R/at.Karahalli village, Bangarpet Taluk, Kolar District today at Bangalore. Do hereby state on solemnly affirmation as follows.
1. We are the parents of the respondent No.2/Aishwarya N, we are the acquitted (sic acquainted) 6 CRL.P. NO.5922/2019 with the facts of the case. And hence we are competent to swear to this affidavit.
2. We state that at the intervention of the elders and well-wishers and family members. The petitioners and respondents have resolved their dispute amicably and reached to a settlement, out of court, which is culminated in this joint affidavit.
3. that the petitioner No.1 is my son-in-law and respondent No.2 is my daughter are married on 04/01/2018, out of their wedlock one mail (sic male) child was born namely Niharika and happy married life till today, therefore I have no objection to quash the charge sheet.
4. The parties have entered in to this joint affidavit on their own volition without any influence or coercion and after understanding the contents of the joint affidavit.
Wherefore, the parents herein respectfully pray that this Hon'ble court may kindly be pleased to quash the charge sheet in the learned II Addl. District and sessions judge Kolar, in SC.No.94/2018 for the offences punishable under section 376, 323, 506 r/w 34 IPC and 4, 8 POSCO Act 2012 in the interest of justice and equity."
8. Though aforesaid offences have been alleged against petitioners, the subsequent developments recorded in the affidavits show that parties have resolved the matrimonial dispute amicably. Petitioners, second respondent and her parents are present before the Court. They are identified by their respective advocates. The conspectus of facts of this case shows that complaint has emanated out of initial disagreement with regard to marriage. Suffice to state that parties have admitted 7 CRL.P. NO.5922/2019 the marriage of first petitioner and second respondent and stated in the affidavit that they are happily living with the child. More so, complainant, her parents and first petitioner have resolved the differences amicably. In the circumstances, no useful purpose would be served in continuing the criminal proceedings.
9. Accordingly, all proceedings in SC.No.94/2018 pending on the file of II Additional District & Sessions Judge, Kolar, are quashed. The petition stands disposed of.
No costs.
Sd/-
JUDGE Yn.