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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 28TH DAY OF MAY 2019
BEFORE
THE HON’BLE MR. JUSTICE ALOK ARADHE
CRIMINAL PETITION NO.877 OF 2019
BETWEEN:
1. Sri.Neelakantha N,
S/o Late Nagalingam,
Age:33 Years.
2. Smt.Vasantha,
W/o Late Nagalingam,
Age:54 Years.
3. Sri Uday Kumar,
S/o Late Nagalingam,
Age:36 Years.
4. Smt.Jayalakshmi,
W/o Sri Uday Kumar,
Age: 35 Years.
Petitioner No.1 to 4 are
R/at No.888/A, 3rd Main Road,
Near Chandrodaya School,
Divanara Palya, Mathikere,
Bangalore North,
Bangalore – 560054. … Petitioners
(By Sri Ravindra Prasad B, Advocate)
AND:
1. The State by Jeevan Bheema
2
Nagar Police,
Rep. by Public Prosecutor,
High Court of Karnataka,
Bangalore – 560001.
2. Smt. Priya A.M,
W/o Sri Neelakantha,
Age: 31 Years,
R/at: No.73, 3rd Cross,
Silver Cloud Layout,
Kalkere Main Road,
Horamavu,
Bangalore – 560043. … Respondents
(By Sri Vijaykumar Majage, Addl.SPP for R1,
Sri Abhilesh J, Adv. for R2)
This Criminal Petition is filed under Section
482 of Cr.P.C. praying to quash the FIR and Final
Report/Charge Sheet Registered by the respondent
Police in C.C.No.50043/2018 In CR No.202/2016
(0445/2016) for the offence punishable Under
Section 498A, Section34 of IPC, pending before the X
A.C.M.M., Mayo Hall, Bangalore.
This Petition coming on for Orders this day,
the Court made the following:-
ORDER
Mr. Ravindra Prasad B, learned counsel for the
petitioner.
2. Mr. Vijayakumar Majage, learned
Additional SPP for respondent No.1.
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3. Mr. Abhilesh J, learned counsel for
respondent No.2.
4. Learned counsel for the petitioner with
petitioners namely, Mr. Neelakantha N, Smt.
Vasantha, Sri Uday Kumar and Smt. Jayalakshmi
are present. Learned counsel for the respondent
No.2 along with respondent No.2 namely Smt. Priya
A M are present.
5. Petition is admitted for hearing with
consent of both the parties.
6. In this petition under Section 482 of the
Code of Criminal Procedure, the petitioner inter alia
seeks quashment of offence under Section 498-A
read with Section 34 of the Indian Penal Code
pending before the X Additional Chief Metropolitan
Magistrate Court, Mayohall, Bengaluru in C.C.
No.50043/2018.
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7. When the matter was taken up learned
counsel for the parties have filed a joint affidavit in
which they have stated that they have amicably
settled the dispute and therefore the proceeding in
C.C. No.50043/2018 which is registered on the
complaint of respondent No.2 dated 03.10.2018 be
quashed.
8. I have heard the learned counsel for the
parties and have perused the record. Admittedly,
the complainant and the accused have entered into
a compromise and have settled the dispute
amicably between themselves. There is no chance
of conviction against the accused and the entire
exercise of trial would be an exercise in futility. It is
well settled in law that this Court in exercise of
powers under Section 482 of the Code can quash
the proceedings in respect of even a non
compoundable offence in the light of the guidelines
laid down by the Supreme Court in the case of
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‘PARBATBHAI AAHIR VS. STATE OF GUJRAT’,
(2017) 9 SCC 641.
9. In view of the aforesaid enunciation of
law and in view of the guidelines laid down by the
Supreme Court in the aforementioned decision, in
order to secure the ends of justice and taking into
account the fact that the parties have amicably
resolved the dispute, I deem it appropriate to
exercise the inherent powers to quash the criminal
proceedings.
10. The proceedings initiated against the
petitioner in C.C. No.50043/2018 pending before
the X Additional Chief Metropolitan Magistrate at
Mayohall, Bengaluru City is hereby quashed.
Accordingly the petition is disposed of.
Sd/-
JUDGE
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