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Further, respondent No.2 submits that she has withdrawn all the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