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Shri Yugenedra Sethia vs The State Of Karnataka on 25 November, 2013

Karnataka High Court Shri Yugenedra Sethia vs The State Of Karnataka on 25 November, 2013Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 25th DAY OF NOVEMBER, 2013

BEFORE

THE HON’BLE MR. JUSTICE H.N. NAGAMOHAN DAS CRL.P No. 6693/

6693/ 2013

2013

BETWEEN :

1. SHRI YUGENDERA SETHIA S/O.CHANDRAJ SETHIA,

AGED ABOUT 27 EYARS,

B-2, 202, HARIHAR PARADISE, NETAJI ROAD, P.N.PUDDUR,

COIMBATORE-6410141.

TAMILNADU.

2. SHRI CHANDRAJ SETHIA

S/O.SIRKARCHAND SETHIA,

AGED ABOUT 56 YEARS,

B-2, 202, HARIHAR PARADISE, NETAJI ROAD, P.N.PUDDUR,

COIMBATORE-641041.

TAMILNADU.

3. SMT SHARADA DEVI

W/O.CHANDRAJ SETHIA,

AGED ABOUT 52 YEARS,

B-2, 202, HARIHAR PARADISE, NETAJI ROAD, P.N.PUDDUR,

COIMBATORE-641041.

TAMILNADU.

4. SHRI SRIKAR CHAND

S/O.CHANDRAJ SETHIA,

2

AGED ABOUT YEARS,

B-2, 202, HARIHAR PARADISE, NETAJI ROAD, P.N.PUDDUR,

COIMBATORE-641041.

TAMILNADU.

5. SMT RAJITHA KOTARI

D/O.CHANDRAJ SETHIA,

AGED ABOUT 27 YEARS,

B-2, 202, HARIHAR PARADISE, NETAJI ROAD, P.N.PUDDUR,

COIMBATORE-641041.

TAMILNADU. … PETITIONERS

(By Sri. CHANDRASHEKARA .K ADV.)

AND :

1. THE STATE OF KARNATAKA BY K.P.AGRAHARA POLICE STATION, BANGALORE.

2. SMT RAJSHREE

W/O.SRI YOGENDERA SETHIA,

AGED ABOUT 27 YEARS,

R/AT No.44, 8TH CROSS, “C” BLOCK, MAGADI ROAD,

BANGALORE-560023. … RESPONDENTS

(By Sri K.NAGESHWARAPPA, GP FOR R1 Sri JEETHU R.S., ADV., FOR R2)

CRL.P FILED U/S. 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.28/13 IN C.C.NO.7578/13 ON THE FILE OF THE V ADDL.C.M.M., BANGALORE, AGAINST THE PETITIONERS. 3

This petition coming on for admission this day the court made the following:

ORDER

Petitioner no.1 is the husband of second respondent.

Petitioners 2 and 3 are the parents and petitioner no.4 is the brother of

petitioner no.1 and petitioner no.5 is the sister. On account of some

differences between the parties, petitioner no.1 and respondent no.2 are

separated and they have also filed a joint petition under Section 13B of

Hindu Marriage Act before the Family court at Bangalore for judicial

separation. Further both the parties also landed before a criminal court

in C.C.No.7578/2013 for the offences punishable under Sections 498A,

506 r/w 34 IPC and Section 3 and 4 of Dowry Prohibition Act. Now

both the parties have settled the dispute and filed a joint memo signed

by them and their respective advocates. In terms of joint memo

petitioner no.1 has paid a sum of Rs.15,00,000/- to the second

respondent and her child in full and final settlement of alimony and the

maintenance. This payment is evident by deposit in the name of second 4

respondent in UCO Bank. Both the parties are present before the court

and admit the execution of joint memo and the contents contained

therein. Second respondent also acknowledges receipt of Rs.15,00,000/-

from petitioner no.1. It is further agreed that proceedings in

C.C.No.7578/2013 to be quashed. Accordingly, the petition is hereby

allowed. The proceedings in C.C.No.7578/2013 pending before the V

ACMM, Bangalore are hereby quashed.

Sd/-

JUDGE.

DKB

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