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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 03RD DAY OF AUGUST 2018
BEFORE
THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRIMINAL PETITION NO.5404 OF 2018
BETWEEN:
1. SRI SHARATH B
S/O LATE BORAIAH
AGED 41 YEARS,
RESIDING AT NO.1458, 23RD MAIN
29TH CROSS
BSK 2ND STAGE
BANGALORE-560070.
2. SMT VANAJA
W/O LATE BORAIAH
AGED 64 YEARS
RESIDING AT NO.1458, 23RD MAIN,
29TH CROSS BSK 2ND STAGE
BANGALORE-560070.
… PETITIONERS
(BY SRI: MURUGESH V CHARATI, ADVOCATE)
AND
1. STATE OF KARNATAKA
STATION HOUSE OFFICER
BASAVANAGUDI WOMEN POLICE STATION,
BASAVANAGUDI
BENGALURU
BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
2
BENGALURU-560001.
2. SMT USA S P
D/O PRASANNA KUMAR
W/O SHARATH B
AGED ABOUT 34 YEARS,
R/AT “DEEKSHA” NO.2040
1ST FLOOR,
SAHAKARNAGAR B BLOCK
KODIGEHALLI,
BENGALURU-560073.
… RESPONDENTS
(BY SMT: NAMITHA MAHESH, HCGP FOR R1
SRI: G.L. GANESH, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE ENTIRE PROCEEDINGS IN C.C.NO.14509/2017 EMANATING
OUT OF FIR BEARING CRIME NO.46/2016, REGISTERED WITH
BASAVANAGUDI WOMEN’S POLICE STATION, BANGALORE FOR
THE OFFENCE P/U/S 498A OF THE IPC AND SECTIONS 3, 4 OF
D.P ACT, PENDING ON THE FILE OF THE COURT OF LEARNED II
A.C.M.M., BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-
ORDER
Petitioner No.1 Sri. Sharath. B, petitioner No.2 Smt.
Vanaja are present alongwith their counsel Sri. Murugesh. V.
Charati.
On behalf of respondent No.1-State Smt. Namitha Mahesh,
learned HCGP takes notice of the petition.
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Respondent No.2-Smt. Usha S.P. is present. On behalf of
respondent No.2, Sri. G.L. Ganesh, learned counsel is present
and submits that vakalath has already been filed in the office.
2. Petitioner Nos.1 and 2 and respondent No.2 have filed a
joint memo and have enclosed the Memorandum of Settlement
entered into by them in M.C.No.4747/2016. Respondent No.2
submits that in terms of the aforesaid settlement, she has
withdrawn all the allegations made against the petitioners and
seeks to quash the proceedings initiated against the petitioners.
3. Petitioner No.1 has paid a sum of Rs.6.00 lakhs to
respondent No.2 by way of Demand Draft bearing No.681717
drawn on Citibank, Bengaluru dated 14.06.2018 in terms of the
Memorandum of Settlement in M.C.No.4747/2016, receipt of
which amount, the second respondent admits and acknowledges
as full and final settlement of all her claims as stated in the
aforesaid Memorandum of Settlement.
4. Both the parties submit that the compromise arrived at
by them as above is free and voluntary and the same is
intended to bring about peace and harmony among themselves.
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The compromise arrived at by the parties does not offend any
provision of law and there is no legal impediment to accept the
said compromise as evidenced in the Memorandum of
Settlement dated 14.06.2018, a copy whereof is enclosed to the
joint memo. In view of the aforesaid settlement, the joint memo
filed by the parties is accepted.
5. Consequently, the petition is allowed. The proceedings
initiated against the petitioners in C.C.No.14509/2017 pending
on the file of II Addl. CMM Court, Bengaluru are hereby quashed.
Sd/-
JUDGE
*mn/-
