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Sri K Rajesh vs State Of Karnataka on 23 July, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 23RD DAY OF JULY, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.765/2018

BETWEEN:

1. Sri.K.Rajesh,
S/o Sri.Kenchegowda,
Aged about 30 years.

2. Sri.Kenchegowda,
Aged about 61 years.

3. Smt.Gowramma,
W/o Sri.Kenchegowda,
Aged about 51 years.

Petitioners 1 to 3 are
R/at No.95/1, ‘Sri Gowri Nilaya’,
2nd Main, 2nd Cross,
Govindarajanagara,
Vijayanagara,
Bengaluru – 560040.
…Petitioners
(By Sri.R.B.Sadasivappa, Advocate)
2

AND:

1. State of Karnataka,
By Vijayanagara Police,
Rep. by the learned Public Prosecutor,
High Court of Karnataka,
High Court Building,
Bengaluru.

2. Smt. D.Neeladevi,
W/o Sri.K.Rajesh,
Aged about 25 years,
R/at No.551/4, 3rd Stage,
4th Block, West of Chord Road,
Basaveshwara Nagara,
Bengaluru – 560079.
…Respondents
(By Smt. Namitha Mahesh B.G, HCGP for R1,
By Sri.N.Udaya Kumar, Advocate for R2)

This Criminal petition is filed under Section 482 of
Cr.P.C. praying to quash the entire proceedings in Crime
No.322/2017 (arising out of PCR No.7244/2017) pending
on the file of the 24th A.C.M.M., Bangalore for the offences
punishable under Sections 498A, 504, 506 read with 34 of
IPC, and Section 3, 4 of Dowry Prohibition Act.

This Criminal petition coming on for Admission, this
day, the court made the following:
3

ORDER

Petitioner No.1 Sri.K.Rajesh, petitioner No.2

Sri.Kenchegowda and petitioner No.3 Smt.Gowramma are

present along with their counsel Sri.R B Sadashivappa.

2. On behalf of respondent No.1, learned HCGP is

present. Smt.D.Neeladevi-respondent No.2 is present and

on her behalf Sri.N.Udaya Kumar, learned counsel

undertakes to enter appearance. Counsel is permitted to

file Vakalath in the registry.

3. The parties have filed a joint memo to the

effect that petitioners and respondent No.2 have amicably

settled the matter in dispute before the Bangalore

Mediation Centre and parties have entered into a

memorandum of settlement dated 05.06.2018 in MC

No.5313/2017 and decree of Divorce is passed.
4

4. The respondent No.2 submits that in terms of

the aforesaid settlement, she has withdrawn all the

allegations made against the petitioners which has given

raise to the proceedings in Crime No.322/2017 and

requests the Court to accept the joint memo and to quash

the proceeding initiated against the petitioners.

5. It is seen from the records that FIR in Crime

No.322/2017 is registered against the petitioners for the

offences punishable under Sections 498A, 504, 506 read

with 34 of IPC and Section 3, 4 of Dowry Prohibition Act.

Since the respondent No.2 has withdrawn all the

allegations made against the petitioners, in respect of

above said offences and in terms of the settlement arrived

at between the parties before the Bangalore Mediation

Centre in MC No.5313/2017, there is no impediment to

accept the joint memo.

Accordingly, the Criminal Petition is allowed.
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The FIR in Crime No.322/2017 and all consequent

proceedings arising therefrom, in respect of the alleged

offences punishable under Sections 498A, 504, 506 read

with 34 of IPC and Sections 3 and 4 of the Dowry

Prohibition Act are hereby by quashed.

Sd/-

JUDGE

SB/SSB

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