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Judgments of Supreme Court of India and High Courts

Sri.Sukumar R vs The State Of Karnataka on 6 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 06TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION No.8167/2017

BETWEEN:

1. Sri. Sukumar R.,
S/o. Sri. Ramu,
Aged about 34 years,

2. Smt. Jayamma,
W/o. Sri. Ramu,
Aged about 60 years,

3. Sri. Ramu D.,
S/o. late Diddaiah,
Aged about 66 years,
(Died on 14.05.2018)
(Amended as per order
dated 06.08.2018)

Petitioners No.1 and 2
are residing at No.24,
Old No.95, Opp. Jakkur,
Aero drum, Yeshodha Nagar,
Bellary Road,
Bengaluru – 560 006. …Petitioners

(By Sri. Naveennanda D.T., Advocate)
2

AND:

1. The State of Karnataka,
By Yelahanka Police Station,
Bengaluru City,
Represented by its
State Public Prosecutor,
High Court Complex,
Bengaluru – 560 001.

2. Smt. Shwetha S.C.,
W/o. Sri. Sukumar R.,
D/o. Sri. Chikkalinge Gowda,
Aged about 27 years,
Residing at No.303, Thunga Block,
3rd Floor, A Block, BDA Apartment,
Valgerehalli, Kengeri,
Bengaluru – 560 056.
…Respondents

(By Smt. Namitha Mahesh B.G., HCGP for R1,
Smt. Bhushani Kumar, Advocate for R2)

This Criminal petition is filed under Section 482 of
Cr.P.C. praying to quash the entire proceedings in
C.C.No.20554/2016 registered for the offences p/u/s 498A,
504, 323, 506, 34 of IPC and under Sections 3 and 4 of
Dowry Prohibition Act, 1961, compounding the offences
initiated by the respondent No.1 on the complaint of
respondent No.2 which is pending on the file of learned 44th
Additional Chief Metropolitan Magistrate at Bengaluru.

This Criminal petition coming on for Admission, this
day, the Court made the following:
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ORDER

Petitioner No.1 – Sri. Sukumar R., and his counsel

Sri.Naveennanda D.T are present. On behalf of respondent

No.1-State learned HCGP is present. Respondent No.2-

Smt. Shwetha S.C. and her counsel Smt. Bhushani Kumar

are also present.

2. Parties have filed a Joint Memo stating that the

marriage of petitioner No.1 and respondent No.2 was

solemnized on 09.02.2015. On account of difference

between them, respondent No.2 has been residing

separately. She had preferred a divorce petition in M.C

No.4950/2016. In the said proceedings, parties have

settled their differences through mediation and have arrived

at a settlement as per the memorandum of settlement

dated 03.06.2017. The said memorandum of settlement is

produced at Annexure-E to the petition.

3. Both the parties submit that in terms of the

above settlement, respondent No.2 has withdrawn all the

allegations made against the petitioners and seeks to quash
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C.C.No.20554/2016 pending against the petitioners for the

offences punishable under Sections 498A, 504, 323, 506

r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act.

Further, petitioner No.1 and respondent No.2 submit that

the aforesaid compromise is free and voluntary and same is

duly acted upon and the marriage between them has been

dissolved by a decree of divorce.

4. In view of the aforesaid, joint memo is

accepted. In terms of the settlement arrived at between the

parties in M.C.No.4950/2016 dated 31.08.2017 and

respondent No.2 having withdrawn the allegations made

against the petitioners/accused Nos.1 and 2, the

proceedings pending against them in C.C.No.20554/2016 on

the file of the 44th Addl. Chief Metropolitan Magistrate,

Bengaluru, are hereby quashed.

Petition stands allowed accordingly.

Sd/-

JUDGE

Sv/LL

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