Sri Siva Kumar Reddy vs State By Mahadevapura Police … on 12 September, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 12TH DAY OF SEPTEMBER, 2017

BEFORE

THE HON’BLE MR.JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.4843/2017

BETWEEN:

1. SRI. SIVA KUMAR REDDY
S/O. SRI. NARASIMHA REDDY D
AGED ABOUT 27 YEARS,
PRESENTLY R/AT NO.10,
2ND FLOOR, 3RD CROSS,
NEXT TO HINDUSTAN COLLEGE,
HEMANTH NAGAR, MARATHALLI,
BANGALORE- 560 037

2. SRI. NARASIMHA REDDY D
S/O. SUBBA REDDY,
AGED ABOUT 49 YEARS,

3. SMT. VENKATALAKSHMAMMA
W/O. SRI. NARASIMHA REDDY D,
AGED ABOUT 45 YEARS,

4. SRI. SURYA KUMAR REDDY
S/O. SRI. NARASIMHA REDDY D,
AGED ABOUT 25 YEARS,

(SL. NO.2 TO 4 ARE PRESENTLY
R/AT 3/37A, AYYAGARI STREET,
DOMMARA NANDYALA VILLAGE,
MYLAVARAM MANDAL,
KADAPA DISTRICT,
ANDHRA PRADESH – 516431
…PETITIONERS

(BY SRI. CHANDRASHEKAR G.R., ADVOCATE)
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AND:

1. STATE BY MAHADEVAPURA
POLICE STATION,
REP. BY S.P.P.,
HIGH COURT BUILDING,
BANGALORE – 560 001

2. SMT. KALYANI
@ SMT. SUBBAMMA M
D/O. SRI. SAHADEVA REDDY,
AGED ABOUT 28 YEARS,
PRESENTLY R/AT
“OM SAI EXECUTIVE LADIES
PG ITPL MAIN ROAD,
NEAR COSMOS MALL, BEHIND
MCDONALDS, KUNDANAHALLI,
BANGALORE- 560037

PRESENTLY WORKING AT
DELPHI AUTOMOTIVE SYSTEMS
PVT. LTD., KALYANI PLATINA,
BLOCK-1, NO.24, EPIP ZONE,
II PHASE, WHITE FIELD,
BANGALORE- 560 066
… RESPONDENTS

(BY SRI.S. RACHAIAH, HCGP FOR R-1;
SRI. K.S.SREEKANTA, ADV. FOR R-2)

THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C.
PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.54677/2016 (CR.NO.516/2015) OF
MAHADEVAPURA P.S., UNDER SEC. 498(A) R/W 34 OF IPC
ON THE FILE OF THE XLIII ACMM, MAYO HALL,
BANGALORE.

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION THIS DAY, THE COURT MADE THE
FOLLOWING:
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ORDER

Petitioners who have been arraigned as accused

Nos.1 to 4 in C.C.No.54677/2016 registered for the

offences punishable under Section 498A r/w Section 34

of IPC are seeking for quashing of said proceedings.

2. I have heard Sri.Chandrashekar G.R.,

learned counsel appearing for petitioners,

Sri.S.Rachaih, learned HCGP appearing for first

respondent-State and Sri.K.S.Sreekanta, learned

counsel appearing for second respondent. Perused the

records.

3. Learned Advocates appearing for parties

have filed a Joint Memo. Said Joint Memo is duly singed

by first petitioner and second respondent. It is stated

thereunder that first petitioner had filed a petition for

divorce in M.C.No.2697/2016 before VI Addl. Prl.

Family Court, Bangalore and in the said proceedings,

matter came to be referred for mediation and a

settlement was arrived at between first petitioner and
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second respondent as per the terms set out in the

agreement, whereunder it has been agreed by second

respondent that she would cooperate with petitioner for

quashing of C.C.No.54677/2016. Hence, under the

Joint Memo filed she has expressed her willingness to

quash the proceedings. In the light of Joint Memo filed,

it is contended by learned counsel appearing for

petitioner that continuation of present proceedings in

C.C.No.54677/2016, which is agreed to be withdrawn

by second respondent, would be an abuse of process of

law. Hence, he seeks for quashing of said proceedings.

4. Second respondent, who is a signatory to the

Joint Memo filed today, is present before Court and

submits that she had entered into settlement with first

petitioner and admit of having agreed to condition

No.3(C) namely, expressing her consent for proceedings

in C.C.No.54677/2016 being quashed. She also submits

that out of her free will and volition, without any force,

threat or coercion she has affixed her signature to the
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Joint Memo and she has expressed her no objection for

proceedings being quashed.

5. Parties present before Court are identified by

their respective learned Advocates and a memo is filed

enclosing photocopies of identity cards of parties issued

by the statutory authorities, which is signed by them as

well as counter signed by their respective learned

Advocates. Said memo with enclosures is placed on

record.

6. In the light of parties having already filed a

petition for divorce in M.C.No.2697/2016 before Family

Court, Bangalore and said settlement arrived at having

resulted in grant of divorce by the Family Court and

also the fact that second respondent-complainant

having no objection for the proceedings being quashed,

this Court is of the considered view that continuation of

proceedings in C.C.No.54677/2016 would not sub-serve

the ends of justice and in the light of law laid down by

the Apex Court in the case of GIAN SINGH VS. STATE
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OF PUNJAB AND ANOTHER reported in (2012) 10 SCC

303, continuation of said proceedings would be an

abuse of process of law.

Hence, I proceed to pass the following:

ORDER

(i) Criminal petition is hereby allowed.

(ii) Proceedings pending against

petitioners in C.C.No.54677/2016

on the file of 10th Addl. Chief

Metropolitan Magistrate, Bangalore

is hereby quashed.

(iii) Petitioners are acquitted of the

offence punishable under Section

498A r/w Section 34 of IPC.

SD/-

JUDGE

DR

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