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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MARCH, 2019
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION No.840/2014
Between:
1. K. Anand,
S/o Krishnappa,
Aged about 40 years,
2. Vijayalakshmi,
W/o Krishnappa,
Aged about 65 years,
3. K. Sushila,
D/o Krishnappa,
Aged about 27 years,
All are R/at No.172/1,
Anantharamaiah Compound,
Chamrajpet,
Bengaluru-560 018. … Petitioners
(By Sri. Mahesha.A.S, Adv.,)
And:
1. State of Karnataka,
Represented by Police Sub-Inspector,
Chamarajpet Police Station,
Chamarajpet,
Bengaluru-18.
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2. R. Jayalakshmi,
W/o K. Anand,
Aged about 21 years,
R/at No.210, 83rd Cross,
1st Block, Kumaraswamy Layout,
Bengaluru-560 078. … Respondents
(By Sri. Vijaya Kumar Majage, Addl. SPP for R1;
Sri. C.N. Raju, Adv., for R2)
This Criminal Petition is filed u/s.482 of Cr.P.C praying
to quash FIR and complaint in Cr.No.194/2013 of 1st
respondent/Chamrajpet Police Station, Bengaluru dated
26.9.2013 and quash the proceedings in C.C. No.862/2014
on the file of I A.C.M.M., Bengaluru City.
This Criminal petition coming on for Orders, this day,
the Court made the following:
ORDER
Petitioner No.1-Sri.K.Anand and his counsel
Sri. A.S. Mahesha are present. Respondent No.2 /
Smt.R.Jayalakshmi and her counsel Sri. C.N. Raju are
present. On behalf of respondent No.1-State, Sri. Vijaya
Kumar Majage, Addl. SPP is present.
2. Petitioner No.1 and respondent No.2 have
filed an application under Section 482 r/w Section 320 of
Cr.P.C. seeking leave of the Court to compound the
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offences alleged against the petitioners under Section
498A of IPC and Section 4 of Dowry Prohibition Act. The
application is duly signed by petitioner No.1 and
respondent No.2 and their respective counsel. In the
application it is stated that petitioner No.2 is no more.
Further, it is stated that petitioner No.1 and respondent
No.2 have settled their disputes amicably out of Court at
the intervention of elders and well wishers and in terms
of the said settlement, respondent No.2 has withdrawn all
the allegations made against the petitioners.
3. Further, it is stated that, in view of the above
compromise, petitioner No.1 and respondent No.2 have
decided to live together without any quarrel and not to
give room for any further allegations against each other.
4. Petitioner No.1 and respondent No.2 submit
that the compromise recorded in the above application is
free and voluntary and requests the court to accept the
said compromise and quash the proceedings initiated
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against the petitioners. The parties are identified by their
respective counsel.
5. Having regard to the above facts and
circumstances and the said compromise being in the
interest of both the parties, application is accepted.
Petitioner No.1 and respondent No.2 are permitted to
compound the above offences. Presence of respondent
No.3 is dispensed with.
Consequently, the petition is allowed. Proceedings
pending against the petitioners in C.C.No.862/2014 on
the file of the I Addl. Chief Metropolitan Magistrate,
Bengaluru, for the offences punishable under Sections
498A of IPC and Section 4 of Dowry Prohibition Act, are
hereby quashed.
Sd/-
JUDGE
SV