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Sri B Vinay Singh vs The State Of Karnataka on 26 April, 2017

1

IN THE HIGH COURT OF KARNATAKA AT
BENGALURU

DATED THIS THE 26th DAY OF APRIL 2017

BEFORE

THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

CRIMINAL PETITION No.3738 OF 2017

BETWEEN:

Sri.B.Vinay Singh,
S/o Balsham Singh,
Aged about 33 years,
Residing at No.18,
4th Cross, 2nd Main,
Maha Ganapathy Nagar,
West of Chord Road,
Rajajinagar,
Bengaluru – 560 010.
…PETITIONER

(By Shri Subhash Reddy.V, Advocate)

AND:

1. The State of Karnataka,
Represented by its Public Prosecutor,
High Court Building, Bengaluru
Through Basaveshwaranagara Police Station,
Bengaluru – 560 001.
2

2. Smt.Kavyashree,
W/o Vinay Singh,
Aged about 28 years,
At present residing at no.9
2nd Cross, behind Government College,
Varthur,
Bengaluru – 560 087.
…RESPONDENTS

(By Shri Vijayakumar Majage, Additional
State Public Prosecutor for R-1
Shri Anil kumar H.S., Advocate)
*****

This Criminal Petition is filed under Section 482 of the
Code of Criminal Procedure, 1973, praying to quash the entire
proceedings in C.C.No.15497/2016 on the file of V A.C.M.M.,
Bengaluru, as against the petitioner for the offences punishable
under Sections 498A, 323 and 504 of IPC and Section 3 and 4
of D.P.Act.

This Criminal Petition coming on for Orders this day, the
court made the following:

ORDER

Shri Anil Kumar H.S. files vakalath for respondent no.2.

2. The petitioner is before this court in the following

circumstances :

3

The petitioner is said to have married respondent no.2 in

the year 2015 and the petitioner having separated from his wife,

she had filed a criminal case against the petitioner for offences

punishable under Sections 498A and 504 of the Indian Penal

Code, 1860 (Hereinafter referred to as the ‘IPC‘, for brevity)

and there was also a petition for divorce filed by the petitioner

which was referred to mediation and at the mediation, there was

settlement whereby the petitioner has paid permanent alimony

of Rs.23.00 lakh and it was further agreed that the criminal

proceedings also be closed and that the divorce by mutual

consent could be granted. A decree has been granted by the

family court and the money has been paid by the petitioner.

The criminal proceedings could not be compounded as the

offences alleged are non-compoundable. Hence, the present

petition.

3. The respondent is present before the court and declares

that she has no intention of prosecuting the criminal case.
4

Consequently the petition is allowed. The proceedings

pending in CC 15497/2016 on the file of the V Additional Chief

Metropolitan Magistrate Court, Bangalore, stands quashed.

Sd/-

JUDGE

nv

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