IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF MARCH 2017
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.6354 OF 2016
BETWEEN:
1. SRI T BALAJI
S/O VENKATESH,
AGED ABOUT 31 YEARS,
2. SRI VENKATESH
S/O GOVINDAPPA
AGED ABOUT 55 YEARS,
3. SMT TULASAMMA
W/O VENKATESH
AGED ABOUT 45 YEARS,
4. SRI TULASIRAM
S/O VENKATESH,
AGED ABOUT 27 YEARS,
PETITIONER NOS: 1 TO 4 ARE
RESIDING AT MAREDAPALLI VILLAGE,
GANGAVARAM MANDAL,
PALAMNER TALUK,
CHITTOR DISTRICT 517408.
… PETITIONERS
(By Sri: BASAVARAJA H T, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY WHITE FIELD POLICE STATION,
BANGALORE 560066.
2. SMT S BINDU @ YAMINI
W/O T BALAJI,
AGED ABOUT 30 YEARS,
RESIDING AT NO.28,
KRISHNAPPA LAYOUT,
WHITE FIELD,
BANGALORE-560066.
… RESPONDENTS
(By Sri: CHETAN DESAI, HCGP FOR R1 AND
SRI: N.R. RANGEGOWDA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C., PRAYING TO
QUASH THE ENTIRE CRIMINAL PROCEEDINGS INITIATED IN
C.C.NO.7365/2014 (ANNEXURE-C) ARISING OUT OF
CR.NO.249/2014 (ANNEXURE-A) FOR THE OFFENCES P/U/S
498A, 506 R/W 34 OF IPC AND SEC.3 AND 4 OF D.P. ACT ON
THE FILE OF THE WHITE FIELD P.S., AND IT IS PENDING FOR
CONISDERATION ON THE FILE OF THE CJM RURAL COURT,
BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER
Petitioner No.1 Sri.T.Balaji and his counsel
Sri.Basavaraja.H.T. are present. Respondent No.2 Smt.S.Bindu
and her counsel Sri.N.R.Rangegowda are present. Learned
HCGP is also present. Petitioner No.1 and respondent No.2 have
produced duly sworn affidavits. Parties are directed to file the
affidavits in the office.
2. The parties have produced the certified copy of the
memorandum of settlement arrived at between them before the
Mediation Centre in C.Misc.No.534/2014. Petitioner No.1 and
respondent No.2 submit that the petitioner No.1 and respondent
No.2 have filed application under section 13(1) of the Hindu
Marriage Act, 1955 for dissolution of the marriage. Second
respondent submits that in terms of the aforesaid settlement,
she has withdrawn all the allegations made against the
petitioners. She further states that she has received, in all, a
sum of Rs.3,00,000/- from petitioner No.1 in terms of the
aforesaid settlement.
4
3. Criminal proceedings are initiated against the
petitioners based on the complaint lodged by the second
respondent alleging commission of offences punishable under
sections 498A and 506 of Indian Penal Code and sections 3 and
4 of the Dowry Prohibition Act, 1961. As the parties have
mutually settled their inter se dispute and the second respondent
has withdrawn all the allegations leveled against the petitioners,
there is no legal impediment to accept the said compromise.
Accordingly, settlement arrived at by the parties is accepted.
The criminal petition is allowed. Consequently, the
proceedings initiated against the petitioners in
C.C.No.7365/2014 pending on the file of the CJM Rural Court,
Bengaluru are hereby quashed.
Sd/-
JUDGE
Bss.
