Sri Ashwin S Akki Vs State by

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH FIR REGISTERED UNDER CR.NO.21/2017 AND ITS PROCEEDINGS PENDING ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, BALLARI FOR ALLEGED OFFENCES P/U/S 323, 498A, 504, 506 R/W 34 OF IPC ALONG WITH U/S 3 & 4 OF D.P ACT AND PENDING PROCEEDING PRODUCED AS ANNEXURES-E AND E1.

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THIS PETITION IS COMING ON FOR ADMISSION , THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI

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ORAL ORDER

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Challenging proceedings in Crime no.21/2017 registered with Women's Police Station, Ballari, presently stated to be pending before IV Additional Civil Judge and JMFC, Ballari for offences under Sections 323, 498A, 504, 506 read with Section 34 of Indian Penal Code, 1860 ( IPC ) along with Sections 3 and 4 of Dowry Prohibition Act, 1961( DP Act ), this petition is filed.

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Sri D Ashwathappa, learned counsel for petitioners submitted, complainant was wife of petitioner no.1, while petitioners no.2 and 3 were his parents. It was submitted,

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NC: 2026:KHC:28698 CRL.P No. 8126 of 2020

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HC-KAR

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marriage of petitioner no.1 and complainant was solemnized on 06.12.2015. Thereafter, they lived together for few months. On account of differences arising between them, petitioner no.1 through petitioner no.2 filed MC no.450/2017 before Principal Judge, Family Court, Bengaluru, for dissolution of marriage. Even complainant sought divorce and maintenance in MC no.99/2017, Crl.Misc.no.1627/2017, Crl.Misc.no.105/2017 and also filed complaint before Women's Police Station, Ballari i.e., registered as Crime no.21/2017. Thereafter, MC no.450/2017 ended in settlement and MC no.450/2017 came to be decreed on 05.03.2018.

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It was submitted, one of terms of agreement was for withdrawal of cases filed against petitioners, which reads as follows:

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"7. The respondent has filed a case against the petitioner before the Family court, Bellary in M.C. No. 99/2017, C Misc No.161/2017 before the JMFC, Bellary under section 125 of Cr P C and Crl Misc No. 105/2017 before the JMFC, Bellary under section 12 of D V Act. In view of the above settlement the respondent has agreed to withdraw the above said cases. Further, the respondent as also filed a complaint against the petitioner before the Bellary Women's Police Station case is registered in Crime No. 21/2017 under section 498-A of Indian Penal Code, 1860 same is pending before the JMFC, Bellary, the respondent has agreed to co-operate with the petitioner for closure of the above said criminal case."

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4 - NC: 2026:KHC:28698 CRL.P No. 8126 of 2020

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HC-KAR

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It was submitted, though respondent-complainant withdrew MC no.99/2017, Crl.Misc.no.1627/2017 and Crl.Misc.no.105/2017, proceedings in Crime no.21/2017 continued. It was submitted, after decree of divorce and dissolution of marriage, complainant has since remarried, while petitioner no.1 is currently in United States of America.

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Under above circumstances, continuation of proceedings in Crime no.21/2017 would be futile and there would be no possibility of conviction as complainant herself had agreed to cooperate for closure of cases.

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In light of above facts and circumstances, learned counsel submitted that both on ground of abuse of process as well as to secure ends of justice, proceedings were required to be quashed.

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Respondent no.2-complainant is served and unrepresented. Learned HCGP for respondent-State opposed submission of learned counsel for petitioners that there would be no possibility of conviction. However, would not deny that proceedings in matrimonial case had ended in settlement.

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NC: 2026:KHC:28698 CRL.P No. 8126 of 2020

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HC-KAR

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Heard learned counsel and perused material on

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record.

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Since respondent no.2-complainant is served unrepresented. In light of condition no.7 in Memorandum of settlement as extracted above, respondent no.2- complainant can be taken to have conceded to contentions urged by petitioners.

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Impugned proceedings are in pursuance of a complaint by respondent no.2 which indicates genesis of grievance due to marital relationship which has since ended in settlement.

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Fact that respondent no.2-complainant has withdrawn MC no.99/2017 as well as petitions filed for maintenance as well as under Section 12 of DV Act and has not chosen to oppose petition would indicate that complainant is not intending to pursue Crime no.21/2017 as well. In view of above, continuation of proceedings would be futile, if not abuse of process of court. Hence, it is found necessary to exercise power under Section 482 of Code of Criminal Procedure, 1973, to secure ends of justice.

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NC: 2026:KHC:28698 CRL.P No. 8126 of 2020

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HC-KAR

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Consequently, petition is allowed . Proceedings in Crime no.21/2017 registered with Women's Police Station, Ballari, presently stated to be pending before IV Additional Civil Judge & JMFC, Ballari for offences punishable under Sections 323, 498A, 504, 506 read with Section 34 of IPC along with Sections 3 and 4 of DP Act, are quashed .

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In view of disposal of petition, pending applications, if any, also stand disposed of .

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Sd/(RAVI V HOSMANI) JUDGE

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AV List No.: 1 Sl No.: 46

Sri Ashwin S Akki v. State by

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Sri Ashwin S Akki v. State by

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