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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 26th DAY OF JULY, 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.2018/2015
C/w.
CRIMINAL PETITION NO.2989/2016
IN CRL.P.NO.2018/2015:
BETWEEN:
Sri Rajesh Kumar B.L.,
Aged about 38 years,
S/o. Sri A. Bhaskaran,
Kuzhivilathoppu Veedu,
T.C.No.49/745,
Manacadu – P.O.,
Trivandrum – 695 009.
Kerala.
…Petitioner
(By Sri P. Raveendran, Advocate for
Sri M.A. Sebastian, Advocate)
AND:
1. The State of Karnataka,
MICO Layout Police Station,
Rep. by SPP,
High Court Building
Bangalore City – 560 001.
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2. Smt. Sandhya M.Y.,
Aged about 31 years,
W/o. Sri Rajesh Kumar B.L.,
D/o. Sri N. Yesodharan,
Country Club (Travel Tourism)
No.13, 1st Cross, 1st Main,
Opp: Oracle, Thavarekare Main Road,
S.G. Palaya, Bangalore – 560 029.
Also at: ‘Sree Kottanilayam Veedu’,
Aruvappulam – P.O., – 689 691,
Kozhecherry, Pathanamthitta District,
Kerala. ..Respondents
(By Smt. Namitha Mahesh B.G, HCGP for R-1,
By Sri Pavan Kumar G., Advocate for
Sri S. Shankarappa for R-2)
This Criminal petition is filed under Section 482 of Cr.P.C.
praying to quash the proceedings initiated against the
petitioner/accused by the respondent No.1 by registering FIR in
Crime No.296/2014 dated 03.05.2014 as per Annexure-A now
pending in the file of VI ACMM, Bangalore and etc.
IN CRL.P.NO.2989/2016
BETWEEN:
D. Sandhya,
Aged about 31 years,
D/o. Sri Yesodharan,
R/at No.13, 1st Cross, 1st Main Road,
Tavarekere,Sudduguntepalya
Bengaluru – 562 130. …Petitioner
(By Sri Pavan Kumar G., Advocate for
Sri S. Shankarappa, Advocate)
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AND:
1. The State of Karnataka,
R.T. Nagar Police Station,
Bengaluru – 560 032,
Rep. by SPP,
High Court Complex,
Bangalore City – 560 001.
2. Sri Rajesh Kumar B.L.,
Aged about 38 years,
S/o. Sri Bhaskaran,
R/a Kuzhivilathoppu Veedu,
T.C.No.49/745,
Manacadu – P.O.,
Trivandrum – 695 009,
Kerala. …Respondents
(By Smt. B.G. Namitha Mahesh, HCGP for R-1
Sri P. Raveendan, Advocate for R-2)
This Criminal petition is filed under Section 482 of
Cr.P.C. praying to set aside the cognizance taken by the
order dated 08.07.2015 passed on the file of III ACMM,
Bangalore in C.C.No.16393/2015 for the offence punishable
under Section 143, 323, 326, 504, 506 R/w 149 of IPC by
Madiwala police and proceedings against the petitioner may
be quashed by allowing the petition.
These Criminal petitions coming on for Admission,
this day, the court made the following:
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ORDER
On behalf of respondent no.2 in Crl.P.No.2989/2016,
Sri P. Raveendran, Advocate is present and undertakes to
enter appearance on behalf of respondent No.2. Counsel is
permitted to file Vakalath in the Registry.
2. Both these petitions are filed under Section 482
of Cr.P.C. The petitioners in both the cases are husband
and wife. The wife- Smt. Sandhya M.Y., lodged a complaint
against her husband- Sri Rajesh Kumar B.L., which has
culminated in filing a charge sheet for the offences
punishable under Section 498A, 506, 323, 326 and 504 of
IPC.
3. Now both the parties have filed a joint memo duly
signed by them and their respective counsels stating that in
view of the settlement arrived at between them in the Family
Court at Pathanamthitta, Kerala on 30.04.2018, both the
parties have withdrawn the allegations made against each
other. The parties have also moved a joint petition before
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the Family Court for dissolution of their marriage. The
parties have also stated that they have put an end to their
inter-se disputes by entering into the aforesaid settlement
out of free Will and volition and without any force or
coercion.
4. In terms of the joint memo, the parties have
requested this court to quash the proceedings initiated
against both of them.
5. Considering the said compromise which does not
offend any provision of law and there being no legal
impediment to accept the same, the joint memo filed by the
parties which is duly supported by the affidavits sworn to by
them, is accepted.
Accordingly, the Criminal Petition No.2018/2015 and
Criminal Petition No.2989/2016 are allowed. The
proceedings against Sri Rajesh Kumar B.L. in
C.C.No.16393/2015 pending on the file of III Addl. CMM,
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Bangalore and against Smt.Sandhya M.Y. in
C.C.No.9583/2016 pending on the file of VI Addl. CMM are
hereby quashed.
Sd/-
JUDGE
Sk/PN
