IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF MARCH, 2017
BEFORE
THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2036/2017
BETWEEN:
Mr. Mallikarjun Kande,
S/o Shivaraj kande,
Aged about 47 years,
R/at No.50/1, Chandrodaya,
Kadirenapalya, Indiranagar,
Bengaluru – 560 038. …Petitioner
(By Sri. Venkoba Rao A., Advocate)
AND:
1. The State of Karnataka,
Represented by Indiranagar
Police Station, Bengaluru
Represented by SPP.
2. Mrs. Vijayashree,
W/o Mr. Mallikarjuna Kande,
Aged about 41 years,
Presently R/at ISRO Guest House,
ISAC, Vimanapura Post,
Bengaluru – 560 017. …Respondents
(By Sri. Vijayakumar Majage, Addl.SPP for R-1)
(By Sri. N. Rajarajeshwari, Advocate for R-2)
2
This Criminal Petition is filed under Section 482
of Cr.P.C. praying to quash the criminal proceedings
in C.C. No.52669/2013 against the petitioner for the
offences P/U/S 498A, 323, 324, 506 of IPC and
pending on the file of X ACMM, Mayo Hall, Bangalore.
This Criminal Petition coming on for Orders this
day, the court made the following:
ORDER
The petitioner – Sri. Mallikarjun Kande
alongwith his counsel Sri. Venkoba Rao A. is present.
2. The respondent No.2 – Smt. Vijayashree and
her counsel Smt. N. Rajarajeshwari are present.
Learned Additional SPP is also present.
3. The respondent No.2 has filed a duly sworn
affidavit wherein it is stated that the parties have
resolved their differences and a compromise is arrived
at before the Lok-Adalath which is accepted by the
LVII Additional City Civil and Sessions Judge at
Bengaluru, Mayo Hall unit in Criminal Appeal
No.25050/2015.
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4. The respondent No.2 submits that in terms
of the aforesaid compromise, she has withdrawn all
the allegations made against the petitioner and she
further submits that the settlement arrived between
her and the petitioner is voluntary and without any
force or compulsion and she is bound by the terms of
compromise recorded in Criminal Appeal
No.25050/2015.
5. C.C. No.52669/2013 is registered against
the petitioner herein for the offences punishable
under Section 498A, 323, 324 and 506 of IPC,
pursuant to the complaint lodged by respondent
No.2.
6. As respondent No.2 has withdrawn all the
allegations made against the petitioner and the
parties have mutually settled their differences, there
is no legal impediment to accept the said
compromise.
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7. Accordingly, accepting the affidavit filed by
the respondent No.2, the further proceedings in C.C.
No.52669/2015 pending on the file of the X
Additional Chief Metropolitan Magistrate, Bengaluru
is hereby quashed.
Petition is disposed of.
Sd/-
JUDGE
MH/-
