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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
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CRL.P. NO.8890/2018No.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/-