IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 20TH DAY OF JULY, 2018
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION No.4368 OF 2018
Mr. Gurucharan Kumaraswamy,
S/o K.B. Kumaraswamy,
Aged about 45 years,
Residing at No.409,
‘Anugraha’, 1st Floor,
1st Cross, BHCS Layout,
Bangalore – 560 061. …Petitioner
(By Sri. I.S. Pramod Chandra, Advocate)
1. State of Karnataka,
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,
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:
Learned counsel for the petitioner submits that the
petitioner’s name and address is properly described in the cause
2. In view of the said submission, office objection is
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.
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
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.
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.