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Hemanth Kumar B S vs State By K S Layout P S on 5 December, 2013

Karnataka High Court Hemanth Kumar B S vs State By K S Layout P S on 5 December, 2013Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 5TH DAY OF DECEMBER, 2013

BEFORE

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

CRIMINAL PETITION NO.2386/2013

BETWEEN:

1. HEMANTH KUMAR.B.S,

S/O LATE SIDDALINGAIAH,

AGED ABOUT 28 YEARS.

2. LOKAMBA DEVI,

W/O LATE SIDDALINGAIAH,

AGED ABOUT 56 YEARS.

BOTH PETITIONERS ARE

RESIDING AT NO.57,

4TH CROSS, 30TH MAIN,

BTM LAYOUT II STAGE,

BANGALORE-560076.

… PETITIONERS

(BY SRI S.G.LOKESH, ADV.)

AND:

1. STATE BY K.S.LAYOUT P.S, BANGALORE-560078.

2. JANHAVI.K.N,

W/O HEMANTH KUMAR.B.S,

AGED ABOUT 23 YEARS,

RESIDING AT NO.3713, 2ND STAGE, 12TH CROSS, SAPTHAGIRI NILAYA, 2

KUMARASWAMY LAYOUT,

BANGALORE-560078.

… RESPONDENTS

(BY SRI K.NAGESHWARAPPA, GP FOR R1 SRI DAYANAND HIREMATH, ADV. FOR R2)

THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN CR. NO.401/2012 BELONGS TO THE RESPONDENT POLICE STATION AND WHICH IS PENDING BEFORE THE V A.C.M.M., BANGALORE.

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

ORDER

In this petition, the petitioners have prayed for quashing

the proceedings in Cr.No.401/2012 registered by the first

respondent-police pending on the file on 5th ACMM Court at

Bangalore for the offences punishable under Sections 498A,

506 r/w Section 34 IPC and Sections 3 and 4 of DP Act.

2. The first petitioner is the husband of the second

respondent. The second petitioner is mother of the first

petitioner. On account of some differences, the first petitioner

and the second respondent are separated and they also

landed in criminal and civil proceedings. The Family Court in 3

M.C.No.817/2013 referred the dispute between the parties to

the Mediation Centre at Bangalore. On Mediation, both the

parties entered into a settlement on 13.11.2013. One of the

terms of the settlement is to close the criminal proceedings

and the relevant portion reads as under:

” 3. The 1st petitioner has agreed to pay `.8,00,000.00 (Rupees Eight Lakh Only) to the 2nd petitioner towards her maintenance/permanent alimony in full and final settlement. Out of the aforesaid `4,00,000.00 (Rupees Four Lakh Only) has already been paid on 19.02.2013 by way of Demand Draft, receipt of which the 2nd petitioner acknowledges. The balance of `4,00,000.00 (Rupees Four Lakh Only) which is deposited with the Hon’ble High Court of Karnataka in Crl.P.2386/2013 in the name of the 1st petitioner with the Registrar, shall be released by the 1st petitioner and the same amount shall be paid to the 2nd petitioner at the time of reporting settlement in M.C.No.817/2013 before the Hon’ble Court.

4. The 2nd petitioner undertakes to close/quash Crime Number 401/2012 filed u/s 498A against the first petitioner pending on the bench of V- ACMM Bangalore in view of this agreement.” 4

3. In terms of the settlement, the petitioners have

deposited a sum of `.4,00,000/- with this Court in this

petition and this amount will be paid to the second

respondent at the time of closing the matter in

M.C.No.817/2013.

4. Both the parties are present before the Court. The

second respondent admits the execution of the Memorandum

of settlement and contents contained therein. Further, the

second respondent submits that she has no objection to allow

this petition and to close the criminal proceedings.

Accordingly, the following:

ORDER

i) The petition is hereby allowed. ii) The proceedings in Cr.No.401/2012 are hereby quashed.

iii) The Fixed Deposit receipt deposited with the Registry of this Court be retuned to the first petitioner and inturn he shall secure the D.D. for a sum of `4,00,000/- and to hand over the same to the second respondent at the time of closing of the proceedings in 5

M.C.No.187/2013 before the Family Court at Bangalore.

Sd/-

JUDGE

VM

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