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Sri Chenanda Girish Kumar vs State Of Karnataka on 17 September, 2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 17TH DAY OF SEPTEMBER 2018

BEFORE

THE HON’BLE MRS. JUSTICE K.S.MUDAGAL

CRIMINAL PETITION NO.374 OF 2015

BETWEEN:

1. SRI CHENANDA GIRISH KUMAR
S/O C.K.SOMAIAH
AGED ABOUT 36 YEARS

2. SMT.C.S.BOJAMMA
W/O C.K.SOMAIAH
AGED ABOUT 65 YEARS

3. SRI C.K.SOMAIAH
S/O C.B.KUTTAPPA
AGED ABOUT 70 YEARS

PETITIONERS 1 TO 3
R/AT NO.43, SUNIGIRI VILLA
1ST CROSS, V.B.LAYOUT
KRISHNARAJAPURAM POST
BANGALORE – 560 036

4. SRI CHENANDA SUNIL SUBBAIAH
S/O C.K.SOMAIAH
AGED ABOUT 40 YEARS
R/AT NO.43/2, 1ST CROSS
V.B.LAYOUT, KRISHNARAJAPURAM POST
BANGALORE – 560 036 … PETITIONERS

(BY SRI AMARESH A.ANGADI, ADV.)
CRL.P.NO.374/2015
2

AND

1. STATE OF KARNATAKA
BY HALASUR GATE WOMEN POLICE STATION
BANGALORE – 560 002

2. SMT.ASHRITH
W/O SRI CHENANDA GIRISH KUMAR
D/O SRI MALLENGADA T.ASHOK
AGED ABOUT 29 YEARS
R/AT NO.38/22A, 11TH CROSS
ANITHA NILAYA, MANORANAPALYA
AYYAPPA BLOCK, R.T.NAGAR
BANGALORE – 560 032 … RESPONDENTS

(BY SRI NAZRULLA KHAN HCGP FOR R-1;
SRI FRANCIS XAVIER, ADV. FOR R-2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.31489/2014 PENDING ON THE FILE OF THE VI-ACMM
COURT, BANGALORE.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioners are seeking quashing of the

proceedings in C.C.No.31489/2014 on the file of VI

Additional Chief Metropolitan Magistrate, Bangalore

City. The petitioners are being prosecuted in the said

case for the offences punishable under Sections 498A,

506 and 120B of IPC and Sections 3 and 4 of the
CRL.P.NO.374/2015
3

Dowry Prohibition Act, on the basis of the complaint

filed by second respondent.

2. The dispute between the parties is a

matrimonial dispute. The learned Counsel for the

petitioners produces memo with copies of the

following documents:

1) CC of order in M.C.No.448/2015 along with

Mediation Report and

2) Copy of the order in M.C.No.1953/2016

passed by the Family Court, Bengaluru.

3. The aforesaid documents show that in

M.C.No.448/2015 filed by the first petitioner against

the second respondent under Section 9 of the Hindu

Marriage Act, 1955, at a Mediation, the parties have

arrived at memorandum of settlement. The

documents further show that the Family Court,

Bengaluru, recording the said memorandum of
CRL.P.NO.374/2015
4

settlement has disposed of M.C.No.448/2015 in terms

of the memorandum of settlement.

4. As per Clause (5) of the memorandum of

settlement, the second respondent has agreed to

withdraw her complaint in C.C.No.31489/2014 subject

to payment of Rs.3,60,000/-. The order sheet in

M.C.No.448/2015 shows that the second respondent

has acknowledged the receipt of Demand Draft for

Rs.3,60,000/-.

In view of the said settlement, this petition is

allowed. The proceedings in C.C.No.31489/2014

pending on the file of VI Additional Chief Metropolitan

Magistrate, Bangalore City, are hereby quashed.

Sd/-

JUDGE

KNM/-

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