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Sri Suresh vs The State Of Karnataka on 23 March, 2017

                               1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 23RD DAY OF MARCH 2017

                         BEFORE

     THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA

            CRIMINAL PETITION NO.294 OF 2017

BETWEEN:-

1.    SRI SURESH
      S/O LATE BASAVAIAH,
      AGED ABOUT 42 YEARS,
      R/AT HOUSE NO.436
      7TH CROSS, T.K.LAYOUT,
      MYSORE

2.    SRI. BASAVAIAH
      S/O LATE BASAVAIAH,
      R/AT NO.113, 12TH CROSS,
      CHENNAGIRI KOPPALU
      JAYANAGAR, MYSORE
      (SINCE DECEASED)

3.    SMT. SANNAMMA
      W/O LATE BASAVAIAH,
      AGED ABOUT 72 YEARS,
      R/AT NO.113, 12TH CROSS,
      CHENNAGIRI KOPPALU
      JAYANAGAR, MYSORE-570014.             ... PETITIONERS

(By Sri: H V BHANU PRAKASH, ADVOCATE)

AND:-

1.    THE STATE OF KARNATAKA
      THE SUB-INSPECTOR OF POLICE
      WOMEN'S PS., DEVARAJNAGAR DIVISION,
                                  2


     MYSORE CITY, MYSORE-570001.
     REP BY SPP,
     HIGH COURT OF KARNATAKA BUILDING,
     BANGALORE - 560001.

2.   SMT. RAJESHWARI
     W/O SURESH,
     AGED ABOUT 32 YEARS,
     RESIDING AT HOUSE NO.2138
     7TH CROSS, K-BLOCK,
     KUVEMPU NAGAR,
     MYSORE-570023.                              ... RESPONDENTS

(By Sri: CHETAN DESAI, HCGP FOR R1
    SRI: S.VAGEESH, ADVOCATE FOR R2)
                          --------

     THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH
THE CHARGE SHEET FILED BY THE 1ST RESPONDENT IN
C.C.NO.193/2007 FOR THE OFFENCES P/U/S 498A AND 34 OF
IPC AND SEC.3 AND 4 OF D.P.ACT PENDING ON THE FILE OF IV
ADDL. C.J. (SR. DN.) AND J.M.F.C., MYSORE CITY.

    THIS CRL. P COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:-

                            ORDER

Petitioner No.1 Suresh and petitioner No.3 Sannamma are

present with their counsel Sri. H.V. Bhanu Prakash. Petitioner No.2

is stated to have been dead. Respondent No.2 Smt. Rajeshwari and

her counsel Sri. Vageesh, are present. The parties have submitted the

application under Section 320 r/w Section 482 Cr.P.C. supported by

the verifying affidavit wherein the parties have stated that the

differences between them have been mutually settled. Petitioner No.1
3

and respondent No.2 have got their marriage dissolved under section

13B of the Hindu Marriage Act. Respondent No.2 submits that in

terms of the settlement arrived at between the parties, she has

received Rs.10.00 lakh(Rupees Ten Lakh only) from petitioner No.1.

Further, respondent No.2 submits that she has withdrawn all the

allegations made against the petitioners.

2. On the basis of the complaint lodged by the second

respondent, criminal proceedings came to be registered against the

petitioners for the alleged offences under sections 498-A and 3 and 4

of the Dowry Prohibition Act. Charge sheet has been filed against the

petitioners for the said offences. However, as the parties have

mutually settled their disputes as per the settlement evidenced in the

application, accepting the said settlement, the further proceedings

against the petitioners in C.C.No.193/2007 pending on the file of IV

Addl. Civil Judge(Sr.Dn.) and JMFC, Mysore City are quashed.

3. Accordingly, the petition is allowed in terms of the

settlement.

Sd/-

JUDGE

*mn/-

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