Mr.Suresh vs The State By Yelahanka on 10 April, 2017

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IN THE HIGH COURT OF KARNATAKA AT
BENGALURU

DATED THIS THE 10TH DAY OF APRIL 2017

BEFORE

THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

CRIMINAL PETITION No.7446 OF 2013

CONNECTED WITH

CRIMINAL PETITION No.4572 OF 2016

IN Crl.P.7446/2013

BETWEEN:

Mr. Suresh,
Aged about 48 years,
R/at Trivendram,
Thiruvanantapuram City,
Kerala – 695 001.
…PETITIONER

(By Shri. Karunakara.P, Advocate)

AND:

1. The State by Yelahanka,
New Town Police,
Represented by the
Learned Public Prosecutor,
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High Court of Karnataka,
Bengaluru – 560 001.

2. Mangala Prasad,
W/o Shiva Prasad,
Aged about 36 years,
R/at No.901, 9th Floor, 15th Block,
Heritage Apartments,
Doddaballapura Road,
Yelahanka New Town,
Bengaluru – 560 064.
…RESPONDENTS

(By Shri. Vijayakumar Majage, Additional
State Public Prosecutor for R-1
Shri B.A.Raviraj, Advocate for R-2)
*****
This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, praying to quash the entire
proceedings in C.C.No.4628/2013 pending on the file of the
C.M.M., Bengaluru for the offence punishable under Sections
498A
, 506 r/w 34 of IPC.

IN Crl.P.4572/2016

BETWEEN:

Mr.Shiva Prasad
Aged about 51 years,
R/at Trivendram,
Thiruvanantapuram City,
Kerala – 695 001.
…PETITIONER

(By Shri. Karunakara.P, Advocate)
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AND:

1. The State by Yelahanka,
New Town Police,
Represented by the
Learned Public Prosecutor,
High Court of Karnataka,
Bengaluru – 560 001.

2. Mangala Prasad,
W/o Shiva Prasad,
Aged about 36 years,
R/at No.901, 9th Floor, 15th Block,
Heritage Apartments,
Doddaballapura Road,
Yelahanka New Town,
Bengaluru – 560 064.
…RESPONDENTS

(By Shri. Vijayakumar Majage, Additional
State Public Prosecutor for R-1
Shri R.B.Deshpande, Advocate for R-2)
*****

This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, praying to quash the entire
proceedings in C.C.No.4628/2013 and file of the C.M.M.,
Bengaluru for the offence punishable under Sections 498A, 506
r/w 34 of IPC.

These Criminal Petitions coming on for Admission this
day, the court made the following:
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ORDER

The application I.A.1/2017 in Crl.P.4572/2016 is filed

seeking condonation of delay in filing the application to recall

I.A.2/2017. For the reasons stated, the applications are

allowed. The petition is restored to file.

2. The present petitions are filed in the wake of criminal

proceedings having been initiated against the petitioners herein

who are said to be friends.

3. The petitioner in Crl.P.4572/2016 is said to be the

husband of the second respondent who was the complainant.

They were married in the year 1997 and have two children by

the marriage. The husband had to go to Dubai for business

purpose and he had also taken his wife to Dubai. In the year

2010, they returned to Bangalore. The husband was jobless and

was representing himself as a big businessman and had received

lakhs of rupees as loans and was constantly touring along with

his friend Suresh – the petitioner in Crl.P.7446/2013. It
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transpires that on allegations that Shiva Prasad was having an

affair with another woman, Respondent No.2, had separated

from him and thereafter there was also a criminal case against

both the husband as well as his friend – Suresh pending.

4. In the meanwhile, Shiva Prasad, the husband and the

second respondent have now reunited and are living together in

harmony along with their children, in Mangalore. In view of

such an amicable settlement between them, the second

respondent is no longer interested in prosecuting the criminal

case. However, since the offences alleged are non-

compoundable, the petitioners are before this court seeking that

the proceedings be quashed.

5. The parties, namely the husband and wife are before

the court and would concede that there is indeed a

reconciliation and that the criminal proceedings could be

quashed. The vakalath and the joint memo filed in this regard

is taken on record.

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Consequently, the petitions are allowed. The criminal

case in C.C.No.4628/2013 pending on the file of the Chief

Metropolitan Magistrate, Bengaluru stands quashed.

Sd/-

JUDGE

KS

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