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K Anand vs State Of Karnataka on 29 March, 2019

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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.
2

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of the said settlement, respondent No.2 has withdrawn all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

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