IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF AUGUST, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.7455/2015
BETWEEN:
1. Mr. M.Arockia Antony Rajesh
S/o Maria Antony
Age: 36 years
R/at Flat No.305, Shri Mithra Estate
10th Cross, Near More Shopping Mall
Sanjeevappa Layout, Nagavara Palya
Bengaluru – 560 093
2. Mr. Maria Antony
S/o Yagappan
Age: 67 years
3. Mrs. Anthoniammal M
W/o Maria Antony
Age: 58 years
Petitioner Nos.2 3 are
R/at No.382, Old No.302
Thirupatthur Road
Devakotai Taluk
Shivaganga District
Tamil Nadu-630 302
4. Mr. David Raja
S/o Irudayam
Age: 66 years
2
R/at No.2/80 Ranganathpura
Virudhunagar Post, Rosalpatti
Virudhunagar, Tamil Nadu-626 001 …Petitioners
(By Smt. C.R.Prathima, Advocate for
Sri Nandish Babu K.S., Advocate)
AND:
1. State of Karnataka
Halasur Gate Women
Police Station, Bengaluru
Represented by
State Public Prosecutor
High Court of Karnataka
Bengaluru – 560 001
2. Mrs. M. Antony Santhiya
W/o M. Arockia Antony Rajesh
Aged about 32 years
R/at Flat No.S-211
Suraksha Golden Palms
Near Arekere Sai Baba Temple
Nayappanahalli
Bengaluru-560 068 … Respondents
(By Sri S. Rachaiah, HCGP for R1;
Sri Shakeel Ahamed, Advocate for R2)
This Criminal Petition is filed under Section 482 of
Cr.P.C., praying to quash the proceedings in
C.C.No.19584/2014 pending in the Court of the VI ACMM,
Bengaluru.
This Criminal Petition coming on for final hearing this
day, the Court made the following:
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ORDER
The first petitioner Sri M.Arockia Antony Rajesh and
his counsel Sri K.S.Nandish Rao are present. The second
respondent Mrs. M. Antony Santhiya and her counsel Sri
Shakeel Ahamed are present. Learned High Court
Government Pleader is present on behalf of first
respondent.
2. The first petitioner and second respondent
have filed a joint affidavit stating that they have mutually
dissolved their dispute in the mediation centre and have
arrived at a mutual settlement as evidenced in the
memorandum of settlement dated 12.08.2015 in
Crl.A.No.25133/2014. In terms of the said settlement, the
petitioner No.1 and the respondent No.2 are living
together as husband and wife.
3. The respondent No.2 has agreed to withdraw
all the allegations made against the petitioner No.1 and
petitioner Nos.2, 3 and 4 and hence request this Court to
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accept the settlement and to quash the proceedings
initiated against the petitioners.
4. Perused the memorandum of settlement
entered into by the petitioner No.1 and respondent No.2 in
the Mediation Centre, which is produced at Annexure-C.
The said settlement discloses that the respondent No.2 has
specifically stated that the petitioner No.1 and his family
members at no point of time have demanded or taken any
dowry from her and her parents and that she would
withdraw all the allegations made against the petitioners.
5. The petitioner No.1 and respondent No.2 affirm
that the settlement arrived at between them and the
aforesaid memorandum of settlement is free and voluntary
and is duly acted upon. The charge sheet is laid against
the petitioners under Sections 498A and 506 of IPC and
Sections 3 and 4 of Dowry Prohibition Act.
6. Since the second respondent has withdrawn all
the allegations made against the petitioners and has
affirmed that the settlement is free and voluntary, there is
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no legal impediment to accept the settlement.
Accordingly, the joint affidavit filed by the petitioner No.1
and respondent No.2 is accepted. In terms thereof, the
petition is allowed.
The proceedings pending against the petitioners in
C.C.No.19584/2014 on the file of the VI Additional Chief
Metropolitan Magistrate, Bengaluru are hereby quashed.
Sd/-
JUDGE
Kmv/-
