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Mr Mallikarjun Kande vs The State Of Karnataka on 15 March, 2017

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.

3

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of the aforesaid compromise, she has withdrawn all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 As respondent No.2 has withdrawn all the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.

4

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/-

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