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NC: 2024:KHC:45162
CRL.P No. 13049 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 13049 OF 2023
BETWEEN:
1. SRI. C. SHANTHARAJU,
S/O CHIKKAIAH,
AGED ABOUT 59 YEARS,
R/AT NO.104, SAI SRINIVAS RESIDENCY,
FLAT NO.118, 7THCROSS,
BANASHANKARI 2NDSTAGE,
KATRAGUPPAI,
BANGALORE - 560 085
2. SMT. SAVITHA
W/O C. SHANTHARAJU,
AGED ABOUT 52 YEARS,
R/AT NO. 104, SAI SRINIVAS RESIDENCY,
FLAT NO. 118, 7THCROSS,
BANASHANKARI 2NDSTAGE,
KATRAGUPPAI,
BANGALORE - 560 085
3. SMT. SHALINI
W/O RAVIKIRAN
AGED ABOUT 34 YEARS
R/AT NO. GF-1
AGANTHA PALACE,
2NDMAIN, 2NDCROSS,
BANASHANKARI 3RDSTAGE,
NEAR BSNL OFFICE,
KATRIGUPPAI
BANGALORE - 560 085
4. UMESH
S/O SHANTHA RAJU,
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AGED ABOUT 31 YEARS,
R/AT 104,
SAI SRINIVASA RESIDENCY,
FLAT NO.118, 7THCROSS,
BANASHANKARI 2NDSTAGE,
KATHRIGUPPE,
BANGALORE - 560 085.
PETITIONERS
(BY SRI. RENY SEBASTIAN, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY KAMAKSHIPALYA POLICE STATION,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BANGALROE - 560001.
2. SMT. KRISHNAVENI B.N.,
W/O NAGASHANKAR B.K.,
AGED ABOUT 29 YEARS,
R/AT NO.127,
2NDMAIN, 2NDCROSS,
SOLLAPURADAMMA LAYOUT,
SUNKADAKATAI,
BANGALORE 560 091.
…RESPONDENTS
(BY SRI. B.N. JAGADEESHA, ADDL.SPP FOR R1;
SMT. R. RADHA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.17285/2023 (FIR IN CR.NO.501/2022 OF KAMAKSHIPALYA POLICE STATION, BENGALURU) REGISTERED FOR THE OFFENCE P/U/S 498A R/W
34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT, PENDING ON
THE FILE OF XXXIX ADDL.C.M.M., BENGALURU.
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THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS
UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.17285/2023 registered for offences punishable under Section 498A read with Section 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Sri. Reny Sebastian, learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned Addl.SPP appearing for respondent No.1, Smt. R. Radha, learned counsel appearing for respondent No.2 and have perused the material on record.
3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with an affidavit. Terms of settlement reads as follows:
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"AFFIDAVIT
I, Krishnaveni B.N, W/o Umesh S, D/o B.K. Nagashankar, Aged about 29 years, R/at No. 127, 2nd Main, 2nd cross, Sollapuradamma Layout, Sunkadakatte, Bengluru- 560091, do hereby solemnly affirm and state on oath as follows:-
1. I submit I am the respondent No.2 herein and I am fully acquainted with the facts of the case. Hence I am competent to swear this affidavit.
2. I state that I and petitioner No.4 are wife and husband, and our marriage was solemnized on 28.11.2022 at Jaimaruthi Convention Hall Sunkadakatte, Bangalore, it was an arrange marriage.
3. I state that after our marriage there is serious dispute between me and petitioner no.4 and I also suffered mental and physical torture regarding dowry demand hence I lodged a police complaint in crime No. 501/2022 under section 498-A R/w section 34 of IPC and section 3 & 4 of the D.P. Act and Jurisdictional police filed the Chargesheet in C.C. No. 17285/2023 pending on the file of XXXIX Additional Chief Metropolitan Magistrate at Bangalore.
4. I state that I also filed a petition before the 5th Additional Family Court At Bangalore under section 13 (1) (i-a) of the Hindu Marriage Act, for the dissolution of marriage after the appearance Petitioner No.4 before family court at Bangalore, in the mediation process I and petitioner no.4 settled our dispute, and entered into the Memorandum of Settlement. In the agreement it is agreed that after quashing the C.C. No. 17285/2023 the petition No.4 will co-operate in family court in accepting the memorandum of settlement.
5. I state that the dispute between me and petitioner no.4 have amicable resolved as per the terms and condition of memorandum of settlement entered into between the parties before the mediation, hence I have no objection for quashing the proceeding in C.C. No. 17285/ 2023 in terms of settlement.
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Wherefore, I pray that this Hon'ble Court may be pleased to consider the circumstance of the compromise between me and petitioner No.4, quash the proceeding in C.C. No. 17285/ 2023 pending on the file of the XXXIX Additional Chief Metropolitan Magistrate At Bangalore, in the interest of justice and equity."
4. All the conditions have been fulfilled.
5. In the light of application for compounding being filed along with an affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition.
6. For the aforesaid reasons, the following:
ORDER
i. Criminal Petition stands disposed.
ii. Proceedings pending in C.C.No.17285/2023 before the 39thAdditional Chief Metropolitan Magistrate, Bangalore, against the petitioners stands quashed.
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK
List No.: 2 Sl No.: 40
CT:SNN
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