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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JULY 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.5043 OF 2018
BETWEEN:
1. ROHITH S A
S/O ANANTHPADMANABHASHETTY K N
AGED ABOUT 26 YEARS,
2. S SHOBHA
W/O ANANTHPADMANABHASHETTY
AGED ABOUT 52 YEARS,
3. K N ANATHPADMANABHASHETTY
S/O K N NARAYANA SHETTY
AGED ABOUT 64 YEARS,
4. KESHAVA
S/O ANANTHPADMANABHASHETTY K N
AGED ABOUT 18 YEARS,
5. MANOHAR
S/O SRIRAMA SETTY
AGED ABOUT 37 YEARS,
6. RATHNAMMA
W/O SUBBARAJU
AGED ABOUT 68 YEARS,
7. SHEKAR T.K
S/O LATE T V KRISHNA SHETTY
AGED ABOUT 54 YEARS,
ALL THE PETITIONERS
R/AT NO.107 2ND STAGE,
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SATHYA NARAYANA LAYOUT
J C NAGAR
BENGALURU NORTH
MAHALAKSHMIPURAM LAYOUT
BENGALURU-560086. … PETITIONERS
(BY SRI: SANMUKH REDDY, ADVOCATE FOR
SRI: SIJU C.V. ADVOCATE)
AND:
1. STATE OF KARNATAKA
MAGADI POLICE
(REP SPP, HIGH COURT BUILDING)
2. SMT MEGHA A N
W/O SRI ROHIT
MAJOR, AGED 24 YEARS
R/O VASAVI TEMPLE ROAD,
MAGADI TOWN
RAMANAGARA DISTRICT-562120. … RESPONDENTS
(BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1
SRI: B.S. ANIL KUMAR, ADVOCATE FOR R2)
—
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE
FIR IN CR.NO.136/2018 OF MAGADI P.S., FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 143, 323, 498A, 504,506,149 OF IPC
R/W SECTIONS 3,4 OF D.P ACT WHICH IS PENDING ON THE FILE OF
THE PRINCIPAL CIVIL JUDGE (Jr.Dn) AND JMFC, MAGADI IN
CR.NO.136/2018 BY ALLOWNG THE PETITION AND PERMIT THE
PETITIONERS AND RESPONDENT NO.2 TO COMPOUND THE OFFENCE
IN THE ABOVE CASE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
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ORDER
Petitioner No.1 Sri.Rohith S.A., petitioner No.2
Smt.S.Shobha and Petitioner No.3 Sri.K.N.Ananthpadmanabha
shettyS are present along with their counsel Sri.Sanmukh Reddy.
Learned SPP-II is present on behalf of respondent No.1.
Respondent No.2 Smt.Megha A.N. and her counsel Sri.B.S.Anil
Kumar are present.
2. Petitioner No.1 and respondent No.2 have sworn to
an affidavit to the effect that they have compromised their
interse dispute in the Mediation Centre in M.C.No.5144/2017 on
13.06.2018. One of the terms of mediation is that respondent
No.2 would receive part of the maintenance/part of the
permanent alimony on closure of the proceedings arising out of
Crime No.136/2018 of Magadi Police Station. In terms of the
aforesaid compromise, she has withdrawn the allegations made
by her against petitioner No.1 as well as petitioner Nos.2 to 7
who are the family members of the petitioner No.1.
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3. Since respondent No.2 has withdrawn all the
allegations made against petitioner Nos.1 to 7 and has entered
into compromise with petitioner No.1 before the Mediation
Centre, there cannot be any legal impediment to accept the said
compromise.
Accordingly, the affidavit filed by petitioner No.1 and
respondent No.2 is accepted. In view of the compromise arrived
at between the parties in terms of the said affidavit and the
settlement entered into under Section 89 of Civil Procedure Code
read with Rules 24 and 25 of Karnataka Civil Procedure
(Mediation) Rules 2005 in M.C.No.5144/2017, Criminal Petition is
allowed. FIR in Crime No.136/2018 of Magadi Police Station
and all consequent proceedings arising therefrom are quashed.
Sd/-
JUDGE
Bss
