Karnataka High Court
Chengappa P M vs State Of Karnataka on 13 April, 2018
Author: Aravind Kumar
Bench: Aravind Kumar
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 13TH DAY OF APRIL, 2018
BEFORE
THE HON'BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.9902/2017
BETWEEN:
CHENGAPPA P M
S/O MADAPPA P S
AGED 43 YEARS
R/O "SRI AMBIKA"
8TH MAIN, "D" BLOCK,
2ND STAGE, RAJAJINAGAR,
BENGALURU - 560 010. ..PETITIONER
(BY MS KSHMA NARGUND, ADV. FOR SMT.SONA
VAKKUND)
AND:
1. STATE OF KARNATAKA
BY THE SHO, SUBRAMANYANAGAR
POLICE STATION,
BANGALORE CITY.
REP. BY:
THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 01.
2. LALXMI KARIAPPA B
W/O CHENGAPPA P M
2
AGED 38 YEARS
RESIDING AT "SHIVASADAN"
PB NO.30, MURNAD
NORTH KODAGU DT - 571252. ...RESPONDENTS
(BY SRI R RACHAIAH, HCGP FOR R.1,
SRI M N UMESH, ADV. FOR R.2)
THIS PETITION IS FILED UNDER SECTION 482
OF CRIMINAL PROCEDURE CODE PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.17930/2-017 PLENDING BEFORE THE
HON'BLE VII ACMM, BANGALORE.
THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner who is accused in C.C.No.17930/2017 which proceedings are pending on the file of VII ACMM Court, Bengaluru for the offences punishable under Sections 498(A), 323, 504 and 506 IPC, is seeking for quashing of the said proceedings.
2. I have heard the arguments of Ms.Kshama, counsel appearing on behalf of Smt.Sona Vakkund for 3 petitioner and Sri Umesh, appearing on behalf of respondents.
3. Marriage between petitioner and 2nd respondent came to be solemnized on 26.12.2003 and out of said wedlock 2nd respondent has begotten a son. On account of certain disputes having arisen between them, she is said to be residing at her parental home. She lodged a complaint before the Subramanynagar Police Station on 16.04.2017 alleging she had been harassed by the petitioner and she was also physically assaulted. Said complaint came to be registered in Crime No.134/17 for the offences punishable under Sections 506, 498A, 504 and 323 IPC and after investigation charge sheet came to be filed in C.C.No.17930/2017 for the said offences and it is pending on the file of VII ACMM, Bengaluru. In the meanwhile, parties viz., petitioner and 2nd respondent filed a petition under Section 13-B of the Hindu 4 Marriage Act, 1955 before the Civil Judge, Sr. Dvn., Madikeri in M.C.No.57/2017 seeking dissolution of marriage solemnized and consummated on 26.12.2003 with a prayer for dissolution of marriage. Said proceedings has ended in a decree of dissolution of marriage being granted in the light of an agreement having been reached between petitioner and 2nd respondent. In the said proceedings, 2nd respondent herein has agreed to withdraw the proceedings initiated by her against petitioner and she has filed an affidavit reiterating the settlement arrived at in M.C.No.57/2017.
4. Since 2nd respondent herein failed to appear before this Court in person on the ground that she is working as a teacher and is assigned examination duty, this Court by order dated 21.03.2018 had directed her to appear before the District Court, Madikeri and the Registrar (Computers) was directed to record her statement through digital appearance. 5
5. Pursuant to same, she is said to have made digital appearance on 11.04.2018 at 2.00 PM before the District Court, Madikeri and she was identified by an advocate Mr.M.A.Niranjan, who appeared on her behalf and a report is submitted by the Registrar (Computers) in this regard would also disclose that she was explained of the contents of the affidavit filed by her in the instant case and she having admitted the execution of the same being voluntary, report is placed on record.
6. In the light of said report and the fact that 2nd respondent/complainant having agreed that the proceedings initiated by her against petitioner being quashed, this Court is of the considered view that no useful purpose would be served in continuing the proceedings. The principles laid down by the Apex Court in GIAN SINGH vs STATE OF PUNJAB ((2012) 10 SCC 303, is also kept in mind for ordering the proceedings pending in C.C.No.17930/2017 being quashed. 6
Hence, I proceed to pass the following:
ORDER Criminal Petition is hereby allowed. Proceedings pending against petitioner in C.C.No.17930/2017 on the file of VII ACMM Court, Bengaluru is hereby quashed and petitioner is acquitted of the offences under Sections 498(A), 323, 504 and 506 IPC.
SD/-
JUDGE brn