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Judgments of Supreme Court of India and High Courts

M G Raghavendra vs State Of Karnataka By Nyamathi … on 3 January, 2019

1
CRL.P. NO.8890/2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 3RD DAY OF JANUARY, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No. 8890 OF 2018

BETWEEN:

M.G. RAGHAVENDRA,
S/O M. GANGAPPA,
AGED ABOUT 30 YEARS,
RESIDING AT SURUHONNE,
HONNALI TALUK,
DAVANGERE DISTRICT- 577 217. .. PETITIONER

AND :

1. SATE OF KARNATAKA BY NYAMATHI POLICE
REP. BY STATE PUBLIC PROSECUTOR,
SPP OFFICE, ADVOCATE GENERAL BUILDING,
BENGALURU- 560 001.

2. SMT. JYOTHI,
W/O BALACHANDRAPPA
AGED ABOUT 30 YEARS,
RESIDING AT SURUHONNE,
HONNALI TALUK,
DAVANGERE DISTRICT – 577 271. … RESPONDENTS

(BY SRI S.RACHAIAH, HCGP FOR R-1)

THIS CRL.P IS FILED U/S 482 OF CR.P.C., PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.No.348/2013 ON THE
FILE OF CIVIIL JUDGE JMFC., HONNALI ETC.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
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CRL.P. NO.8890/2018

ORDER

Heard.

2. The second respondent (wife) has lodged

FIR No.223/2012 on 02.12.2012 in Nyamati Police

Station against her husband Balachandrappa and the

petitioner herein alleging commission of offences

punishable under Sections 511, 376, 498-A, 354 r/w

34 IPC. The petitioner is Balachandrappa’s cousin

brother. The police after investigation have filed

charge sheet against the petitioner alone for offence

punishable under Section 354 IPC.

3. Learned advocates for the petitioner and

second respondent jointly submit that the parties have

settled the dispute amicably. Accordingly, they have

filed a joint affidavit.

4. The petitioner and the second respondent are

present before the Court. They are identified by their
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CRL.P. NO.8890/2018

respective advocates. The Joint Affidavit is duly signed by

the petitioner and second respondent.

5. Both petitioner and second respondent admit

the terms of settlement stated in the Joint Affidavit. The

same is lawful and hence accepted. The Joint Affidavit

reads as follows:

JOINT AFFIDAVIT

” We, 1) M.G. Raghavendra, S/o M. Gangappa,
aged about 30 years, resident of Surahonne, Honnali
Taluk, Davanagere District, 2) Smt. Jyothi, W/o.
Balachandrappa, aged about 30 years, previously
residing at Surahonne, Honnali taluk, Davanagere
district, presently residing Hirekabbur, Hirekeruru
Taluk, Haveri District, today at Bengaluru, do hereby
solemnly affirm and state on oath as follows:

1. We submit that, we are the petitioner the
Respondent No.2 in the above case and fully
acquainted with the facts of the case and hence we
are swearing to this affidavit.

2. We submit that, the 2nd Respondent had
filed complaint against the petitioner and
Balachandrappa who is none other husband for the
2nd Respondent, for the offences under Section
498(A), 376, 354, 511 of IPC before the Nyamathi
Police Station.

3. We submit that, the police have filed a B-
Report against my husband Balachandrappa who was
accused No.2 in Cr.No.223/12 and also dropped all
the offences against the petitioner who was accused
4
CRL.P. NO.8890/2018

No.1 except for the offences under section 354 of
IPC in CC NO.348 of 2013 on the file of Civil Judge
JMFC, Honnali.

4. We submit that, the petitioner is the cousin
brother of my husband of the 2nd Respondent. The
above case between the petitioner and 2nd
Respondent has been amicably settled between them
at the intervention of relatives, family members and
well-wishers and being a relatives the Respondent
No.2 has been agreed to withdraw the complaint
without any threat or any coercion and has no
intention to proceed against the petitioner. Hence,
we are constraint to file the present Joint Affidavit to
seeking quash the entire proceedings in CC
NO.348/2013 on the file of Civil Judge JMFC
Honnali, for the offence under Section 354 of IPC.,
against the petitioner by allowing the above Criminal
Petition.

Therefore, under the circumstances we
respectfully prays that this Hon’ble Court pleased to
quash the entire proceedings in CC No.348/2013 on
the file of Civil Judge JMFC, Honnali, against the
petitioner for the offence under Section 354 of IPC,
to allow the above Criminal Petition, in the interest of
justice and equity.

What is stated above are true to the best of
our knowledge, information and belief.”

6. In the circumstances, it is just and appropriate

to quash the criminal proceedings and accordingly all

proceedings in C.C.No.348/2013 pending on the file of
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CRL.P. NO.8890/2018

Civil Judge JMFC., Honnali, are quashed. Petition is

accordingly disposed of.

7. In view of disposal of the petition,

I.A.No.1/2018 for stay does not survive for consideration

and it is also disposed of.

No costs.

Sd/-

JUDGE

Np/-

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