High CourtsSingle Bench(2013) 08 KAR CK 0117

Mr. B.A. Naveen Kumar, Smt. Bhavani Bai, B.M. Anand and Smt. Hema Anand vs Station House Officer and Smt. S. Soumya

Karnataka High Court · Decided on 5 August 2013

HON’BLE JUDGES
K.N. Keshavanarayana, J
RESULT
Allowed
CASE NUMBER
Criminal Petition No. 2309 of 2013

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Judgment

4 paragraphs · 494 words

K.N. Keshavanarayana, J.—In this petition filed u/s 482 Cr. P.C., petitioners have sought for quashing the final report filed by the Halasuru Gate All Women Police Station, Bangalore, in Crime No. 13/11. The respondent No. 1 registered the case in Crime No. 13/11 on the basis of the report lodged by the 2nd respondent for the offences u/s 498A, 506 of IPC r/w. Section 3 and 4 of Dowry Prohibition Act. After completing the investigation, the Investigating Officer has filed the charge sheet before the VI Addl. C.M.M., Bangalore.

2.

The petitioners have sought for quashing the final report inter alia on the ground that the matrimonial dispute between the 2nd respondent and the 1st petitioner has been amicably settled and in the light of the same, 2nd respondent does not wish to continue the prosecution launched against the petitioners, initiated on the basis of the report lodged by her before the jurisdictional magistrate.

3.

The 1st petitioner and 2nd respondent, their counsel are present before the Court. The 2nd respondent submitted that matrimonial dispute between her and the 1st petitioner has been settled amicably and by mutual agreement, their marriage has been dissolved by a decree of divorce in M.C. No. 147/2012 on the file of the Family Court at Bangalore. She further states that in terms of the conditions imposed in the agreement, she does not wish to continue the prosecution launched against the petitioners for the aforesaid offences. A copy of the memorandum of agreement entered into between the parties before the Mediation Centre, Bangalore in M.C. No. 147/2012 is produced along with this petition.

4.

From the above, it is clear that the matrimonial dispute between the 1st petitioner and the 2nd respondent has been amicably settled and in the light of the same no useful purpose would be served in continuing the prosecution launched against the petitioners for the aforesaid offences. From the perusal of the materials on record, I am convinced that the matrimonial dispute between the 2nd respondent and the 1st petitioner was the cause for her filing a report before the jurisdictional police making allegations attracting aforesaid offences. In the light of the fact that the matrimonial dispute has been settled between the parties and in the light of the principles of law laid down by the Apex Court in Gian Singh Vs. State of Punjab and Another, I am of the considered opinion that this is a fit case for exercising inherent power saved u/s 482 of Cr. P.C. to quash the final report submitted by the Halasuru Gate All Women Police Station. Continuance of the prosecution would result in waste of precious public time of the Court and it may cause hardship as well as embarrassment to the parties. In this view of the matter, petition is allowed. The final report filed by the Halasuru Gate All Women Police Station, Bangalore before the VI Addl. C.M.M., Bangalore in Crime No. 13/11 is hereby quashed.