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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 31ST DAY OF AUGUST 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.6680 OF 2018
BETWEEN:
1. MR. SUMIT TYAGI
S/O LATE ANAND PRAKASH TYAGI
AGED ABOUT 34 YEARS,
R/A NO.202, B BLOCK
SRI MITRA SPRING VALLEY
KAIKONDRAHALI LAKE ROAD
AMBALIPURA, HARALUR
SARJAPUR ROAD
BANGALORE-560035
2. SHANKY TYAGI
W/O BHARATH R CHABBRIA
R/A NO.410, A BLOCK
SRI MITRA SPRING VALLEY
KAIKONDRAHALI LAKE ROAD
AMBALIPURA, HARALUR
SARJAPUR ROAD
BANGALORE-560035
3. MANSI TYAGI
W/O LATE MR VIPIN KUMAR TYAGI
AGED ABOUT 36 YEARS,
R/A NO.503, B BLOCK
SRI MITRA SPRING VALLEY
KAIKONDRAHALI LAKE ROAD
AMBALIPURA, HARALUR
SARJAPUR ROAD
BANGALORE-560035
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4. BHARATH R CHABBRIA
AGED ABOUT 30 YEARS,
R/A NO.410, A BLOCK
SRI MITRA SPRING VALLEY
KAIKONDRAHALI LAKE ROAD
AMBALIPURA, HARALUR
SARJAPUR ROAD
BANGALORE-560035
… PETITIONERS
(BY SRI: B SIDDESWARA, ADVOCATE)
AND
1. THE STATE OF KARNATAKA
BY BELLANDUR P S
BANGALORE
REPRESENTED BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BANGALORE-560001
2. MRS MAMATHA P
D/O PRAHALLAD
AGED ABOUT 29 YEARS
R/A NO.202, B BLOCK
SRIMITRA SPRING VALLEY
AMBALIPURA, HARALUR
BANGALORE CITY
KARNATAKA-560035
ALSO AT:NO.22, 1ST B MAIN ROAD
BEST COUNTY-2
NEAR SAMBRAM COLLEGE
HESARAGATTA MAIN ROAD
VIDYARANYAPURA
BANGALORE-560097. … RESPONDENTS
(BY SRI: S.RACHAIAH, HCGP FOR R1
SRI: BASAVARAJ R.Y., ADVOCATE FOR R2)
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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE FIR IN CRIME NO.114/2018, OF BELLANDURU POLICE
STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A,504 R/W 34 OF IPC, PENDING ON THE FILE OF THE VI
ACMM, BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Petitioner No.1 Sri. Sumit Tyagi, petitioner No.2 Smt.
Shanky Tyagi, petitioner No.3 Smt. Mansi Tyagi and petitioner
No.4 Sri. Bharath R. Chabbria are present alongwith their
counsel Sri. B. Siddeswara.
On behalf of respondent No.1-State Sri. S. Rachaiah,
learned HCGP takes notice of the petition.
Respondent No.2-Smt. Mamatha P. is present. On her
behalf Sri. Basavaraj R.Y.., learned counsel seeks leave to enter
appearance. Learned counsel is permitted to file vakalath in the
Registry.
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2. The parties have filed a joint memo duly signed by the
petitioners and respondent No.2 and their respective counsels
stating that the parties have mutually settled their differences in
the mediation centre in M.C.No.4223/2018. The copy of the
memorandum of settlement dated 27.08.2018 is produced
before the Court. The parties reiterate that in terms of the said
settlement, the marriage between petitioner No.1 and
respondent No.2 is dissolved by mutual consent. The respondent
No.2 states that in terms of the above compromise, she has
withdrawn all the allegations made against the petitioners and
seeks to quash the proceedings pending against the petitioners
in Cr.No.114/2018 for the alleged offences punishable under
sections 498-A, 504 r/w 34 Indian Penal Code.
3. Both the parties submits that the compromise arrived at
between them is evidenced in the memorandum of settlement
and the aforesaid settlement is free and voluntary. In view of the
said facts, there is no impediment to accept the joint memo and
the compromise filed by the parties.
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4. Accordingly, the petition is allowed. The proceedings
initiated against the petitioners in Cr.No.114/2018 for the
alleged offences punishable under sections 498-A, 504 r/w 34
Indian Penal Code are hereby quashed.
In view of disposal of the main matter, I.A.No.1/18 for
stay does not survive for consideration. Accordingly, it is
dismissed.
Sd/-
JUDGE
*mn/-
