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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2019
BEFORE
THE HON’BLE MR. JUSTICE P.B.BAJANTHRI
CRIMINAL PETITION NO.9479/2018
BETWEEN
1. B M SHARATH KUMAR
S/O MAHADEVASWAMY
AGED ABOUT 29 YEARS
RESIDING AT NO.465,
‘ESHWAR NILAYA’, 9TH MAIN
ITI LAYOUT, MALLATHAHALLI
BANGALORE – 560072
2. B M MADHU
S/O MAHADEVASWAMY
AGED ABOUT 35 YEARS,
RESIDING AT “CHANDRAKANTHA NILAYA”
40FT. ROAD, MANJUNATHANAGAR,
KYATHASANDRA
TUMKUR – 572104
… PETITIONERS
(BY SRI MADHUKAR DESHPANDE, ADVOCATE)
AND
1. STATE OF KARNATAKA
REPRESENTED BY
MAHILA POLICE STATION,
MYSURU – 570001.
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2. SMT K B VINUTHA
W/O B M KEERTHI
AGED ABOUT 26 YEARS,
RESIDING AT NO.53,
BHAVANINAGAR (KUPPALURU)
J P NAGAR, NEAR RING ROAD
MYSURU – 570008.
3. B M KEERTHI
S/O MAHADEVASWAMY
AGED ABOUT 32 YEARS,
PRESENTLY AT MAHINDRA
AND MAHINDRA LTD.,
MAHINDRA WORLD CITY,
PLOT NO.41/1, ANJUR P.O.
CHENGALPATTU, KANCHIPURAM DISTRICT
TAMILNADU -603002
4. MAHADEVASWAMY
S/O LATE CHIKKAPUTTAPPA,
AGED 63 YEARS,
PRESENTLY RESIDING AT
BILUGULI VILLAGE,
BILIGERE HOBLI,
NANJANGUD TALUK,
MYSURU DISTRICT – 571129
5. AMBUJAMMA
W/O MAHADEVASWAMY
AGED 55 YEARS,
PRESENTLY RESIDING AT
BILUGULI VILLAGE,
BILIGERE HOBLI,
NANJANGUD TALUK,
MYSURU DISTRICT – 571129
… RESPONDENTS
(BY SRI R D RENUKARADHYA, HCGP FOR R1
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SRI PUTTARAJU, ADVOCATE FOR R2
R4 SERVED BUT UNREPRESENTED)
THIS PETITION IS FILED UNDER SECTION 482
CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED
25.02.2017 FILED BY MAHILA POLICE STATION, MYSURU
i.e. RESPONDENT NO.1 IN C.C. NO.1122/2017 AS AGAINST
PETITIONERS (ANNEXURE-C) IS PENDING BEFORE THE IV
ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU
FOR THE OFFENCE P/U/S 498A, 34 OF SectionIPC R/W SEC.3,4
OF D.P. ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
In this petition, the petitioners who are the
brothers-in-law of respondent No.2-Smt.K.B.Vinutha,
are seeking for quashing of charge sheet dated
25.02.2017 arising out of C.C.No.1122/2017 on the file
of IV Addl. Civil Judge (Sr.Dn.) JMFC, Mysore, for the
offences punishable under Sections 498A and Section34 of IPC
and under Sections 3 and Section4 of the Dowry Prohibition
Act.
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2. In view of disposal of Crl.P.No.7386/2019,
second respondent Smt.K.B.Vinutha and her husband
Sri B.M.Keerthi have filed a joint memo of settlement. In
the present case also, a similar joint memo dated
15.10.2019 has been filed by Smt.K.B.Vinutha-second
respondent and her brothers-in-law, who are present
before this Court, stating that second respondent’s
husband has agreed to pay Rs.6,50,000/- (Rupees six
lakhs fifty thousand only) by issuance of four Demand
Drafts dated 16.08.2019 drawn on HDFC Bank for
sums of Rs.2,00,000/-, Rs.1,50,000/-, Rs.1,50,000/-
and Rs.1,50,000/- respectively and respondent No.2
has acknowledged the receipt of the said Demand
Drafts.
3. In view of these developments chargesheet
dated 25.02.2017 in C.C.No.1122/2017 is set aside.
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4. Accordingly, the petition stands allowed in
terms of the joint memo.
Sd/-
JUDGE
JT/-
