Ashok S. Kulambi vs S. N. Shilpa on 30 October, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF OCTOBER, 2017
BEFORE
THE HON’BLE MR.JUSTICE BUDIHAL R.B.

CRIMINAL PETITION NO.7624/2017
BETWEEN:

1. Ashok S Kulambi
S/o K R Siddappa
Aged about 35 years
R/at No.33, Wyllie Mews
Burton-Trent
DE14BF
United Kingdom
(Represented by GPA Holder
K.R. Siddappa)

2. Suvarnamma
W/o K R Siddappa
Aged about 73 years
House wife.

3. K.R. Siddappa
S/o Late Revana Siddappa
Aged about 80 years
Retried Principal
Petitioners 2 and 3 are
R/at the premises D.No.D/2
Near to Second Bus Stop
Bapuji Vidyanagar
Davanagere-577 001.

4. Ashwini S Kulambi
W/o S K Sathish
Aged about 47 years
2

R/at Flat No.F-1
MSR Square Villa
9th Main, 4th Cross
Jnanabharathi Layout
1st Block, R.V. College Post
Valagerehalli
Kengeri
Bangalore-560 059. … PETITIONERS

(By Sri B K Manjunath, Adv.)

AND:

1. S N Shilpa
D/o Nagendra Patel S V
Aged about 30 years
R/o No.1935/7, 10th Cross
Siddaverappa Extension
Davanagere.

2. State of Karnataka
By Women Police Station
Davanagere
Represented by State Public Prosecutor
High Court Building
Bengaluru-560 001. …RESPONDENTS

(By Sri Chetan Desai, HCGP for R2
Sri Gautam Bharadwaj, Adv. for R1)

This Criminal Petition is filed under Section 482
Cr.P.C. praying to quash the criminal proceedings filed by
the respondent against the petitioners P/U/S 498(A), 506
read with Section 34 of IPC and Section 3 and 4 of Dowry
Prohibition Act on the file of learned J.M.F.C. III Court,
Davanagere in C.C.No.1609/2014.
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This Criminal Petition coming on for Orders this day,
the Court made the following:

ORDER

Sri.Gautam Bharadwaj, learned counsel has filed

vakalath for respondent No.1-complainant today. The

same is taken on record.

2. The petitioners/accused Nos.1 to 4, the

respondent No.1/complainant and their respective

counsel and also the learned High Court Government

Pleader representing respondent No.2/State, are

present before the Court.

3. The parties herein have entered into

compromise by presenting a Memorandum of

Settlement before the Family Court at Bangalore in

M.C.No.4247/2012. The certified copy of the said

Memorandum of Settlement filed under Section 89 of
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the CPC r/w Rules 24 and 25 of the Karnataka Civil

Procedure (Mediation) Rules, 2005 is produced as per

Annexure ‘E’. The parties before the Court have

submitted that they have entered into compromise as

per the terms in the Memorandum of Settlement.

4. C.C.No.1609/2014 filed by the respondent No.1

against the petitioners herein under Sections 498A, 506

r/w Section 34 of IPC and also under Sections 3 and 4

of DP Act is pending on the file of JMFC-III Court,

Davangere.

5. As per the said Settlement arrived into, the

petitioners herein have agreed to pay Rs.31,00,000/-

lakhs to the respondent No.1/complainant herein. The

parties have submitted that Rs.15,50,000/- has already

been paid to respondent No.1/complainant.

Respondent No.1/complainant has also submitted that
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she has received Rs.15,50,000/- and today remaining

amount of Rs.15,50,000/- is paid by way of Demand

Draft bearing No.831261 dated 26.10.2017 drawn on

HSBC Bank amounting to Rs.15,50,000/- (INR One

million five hundred fifty thousand only). The same is

handed over to the complainant-respondent No.1.

6. Since the parties have entered into compromise,

no purpose would be served in continuing the criminal

case before the trial Court. In view of the same, the

proceedings initiated as against the petitioners/

accused Nos.1 to 4 for the above said offences are

hereby quashed.

7. Petition is allowed accordingly.

Sd/-

JUDGE
bkp

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