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Mr. Gurucharan Kumaraswamy vs State Of Karnataka on 20 July, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20TH DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No.4368 OF 2018

BETWEEN:

Mr. Gurucharan Kumaraswamy,
S/o K.B. Kumaraswamy,
Aged about 45 years,
Residing at No.409,
‘Anugraha’, 1st Floor,
1st Cross, BHCS Layout,
2nd Stage,
Bangalore – 560 061. …Petitioner
(By Sri. I.S. Pramod Chandra, Advocate)

AND:
1. State of Karnataka,
By Basavanagudi
Women Police,
Bangalore city
Through the
State Public Prosecutor,
High Court Building,
Dr. Ambedkar Veedhi,
Bengaluru – 560 001.

2. Ms. Ashwini Gurucharan
@ Ashwini Srinivasa,
D/o Mr. Shrinivas,
Aged 38 years,
Resident of No.134,
2

4th Main, Anjaneya Nagar,
Bangalore – 560 085. …Respondents

(By Sri. S. Rachaiah, HCGP for R1;
Sri. M.V. Vishwanath, Advocate for R2)

This Criminal petition is filed under Section 482 of Cr.P.C.
praying to permit the petitioner to compound the offences the
offences punishable under Sections 498A, 506 and 504 of IPC,
alleged by respondent No.2 in C.C.No.16824/2014 (arising out of
Crime No.55/2016) of Basavanagudi Women Police Station)
pending on the file of the learned II Additional Chief Metropolitan
Magistrate, at Bangalore City and consequently be pleased to
quash the entire proceedings in the said case.
This Criminal petition coming on for Orders, this day, the
Court made the following:

ORDER

Learned counsel for the petitioner submits that the

petitioner’s name and address is properly described in the cause

title.

2. In view of the said submission, office objection is

over ruled.

3. Sri. M. V. Vishwanath, learned counsel seeks leave to

enter appearance on behalf of respondent No.2. The learned

counsel is directed to file vakalath in the Registry.
3

4. Petitioner- Sri. Gurucharan Kumaraswamy and his

counsel Sri. I. S. Pramod Chandra are present. On behalf of

respondent No.1, learned SPP is present. Respondent No.2 –

Ms. Ashwini Gurucharan and her counsel Sri. M. V. Vishwanath

are present.

5. The Petitioner and respondent No.2 have presented a

petition under Sections 482 read with 320(8) of Cr.P.C., duly

supported by the affidavit of the petitioner, wherein it is stated

that both the parties have settled the dispute pending between

them in terms of the settlement arrived at in the Mediation

Centre, the copy whereof is produced at Annexure-F.

6. The parties submit that they have entered into the

said compromise voluntarily without any force or compulsion.

The terms of the Memorandum of Settlement entered into in

M.C.No.144/2017 have been duly carried out and both the

parties submit that the compromise entered between them may

be accepted and the prosecution instituted against the petitioner

in C.C.No.16824/2017 be quashed.

4

7. Respondent No.2 has withdrawn all the allegations

made against the petitioner. As such there is no legal

impediment to accept the compromise as prayed for.

Accordingly, the compromise affidavit is accepted. Petition

is allowed. The proceedings pending on the file of the II

Additional Chief Metropolitan Magistrate, Bengaluru, in

C.C.No.16824/2017 arising out of Cr.No.55/2016 of

Basavanagudi Women Police Station is hereby quashed.

Sd/-

JUDGE

SN/SJK

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