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Judgments of Supreme Court of India and High Courts

Sri. T. Chiran Kumar vs State Of Karnataka on 8 August, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 8TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.5936 OF 2018

BETWEEN:

1. SRI T. CHIRAN KUMAR
S/O. M. THIRUMOORTHY
AGED ABOUT 30 YEARS
R/AT NO.10
SRI VENKATESHWARA NILAYA
JAYA BHARATH STREET
NETRAVATHI EXTENSION
K.R.PURAM
BANGALORE – 560 036.

2. SMT. T. RATHNA
W/O. M. THIRUMOORTHY
AGED ABOUT 50 YEARS
R/AT NO.10
SRI VENKATESHWARA NILAYA
JAYA BHARATH STREET
NETRAVATHI EXTENSION
K.R.PURAM
BANGALORE – 560 036. … PETITIONERS

(BY SRI S.G. MUNISWAMY GOWDA, ADV.)

AND:

1. STATE OF KARNATAKA
BY K.R.PURAM POLICE STATION
BY ITS STATE PUBLIC PROSECUTOR
2

OFFICE OF THE STATE PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BANGALORE – 560 001.

2. SMT. ANITHA @ BHAVYA
AGED ABOUT 22 YEARS
D/O. MUNIKRISHNAPPA
R/AT NO.4
RAMACHADRASHETTY LAYOUT
KAGGALIPURA
KANAKAPURA MAIN ROAD
BANGALORE – 560 082. … RESPONDENTS

(BY SRI S. RACHAIAH, H.C.G.P. FOR R1;
SRI B.K. RAVIKUMAR, ADV. FOR R2)

***

THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE
PROCEEDINGS IN C.C.NO.54039/2018 ON THE FILE OF X
ADDL.C.M.M., BENGALURU REGISTERED FOR THE
OFFENCE PUNISHABLE UNDER SECTION 498(A), 313, 324,
506 R/W. 34 OF IPC AND SECTION 3 AND 4 OF D.P.ACT.

THIS CRIMINAL PETITION COMING ON FOR
ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner No.1-Sri. T. Chiran Kumar, petitioner

No.2-Smt. T. Rathna and their counsel,

Sri. S. G. Muniswamy Gowda are present. On behalf of

respondent No.1, learned High Court Government Pleader

and respondent No.2-Smt. Anitha @ Bhavya are also
3

present. Sri. B.K. Ravikumar, learned counsel seeks leave

to enter appearance on behalf of respondent No.2. He is

permitted to file vakalath in the registry.

2. The parties have filed a joint memo dated

08.08.2018, duly signed by petitioner Nos.1, 2,

respondent No.2 and their counsel. The parties state that

they have entered into a memorandum of settlement

before the Mediation Center in M.C.No.2559/2016 and in

terms thereof, respondent No.2 withdraws all the

allegations made against the petitioners in

C.C.No.54039/2018. Both the parties submit that the

compromise arrived at by them as evidenced in the

memorandum of settlement dated 30.07.2018 in

M.C.No.2559/2016 is free and voluntary.

3. In terms of the said settlement, the petitioner

No.1 has paid a sum of Rs. 6,00,000/- to respondent No.2

by way of Demand Draft dated 06.08.2018 bearing

No.239322 drawn on State Bank of India, Dooravaninagar
4

Branch, Bangalore. Respondent No.2 admits and

acknowledges the receipt of the same.

4. In view of the compromise entered into

between the parties, there is no legal impediment to

accept the joint memo. Accordingly, the joint memo is

accepted. The Criminal petition No.5936/2018 is

allowed. The proceedings against the petitioners in

C.C.No.54039/2018 on the file of X Additional Chief

Metropolitan Magistrate at Mayohall, Bangalore for the

offences punishable under Section 498A, 313, 324, 506

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

Act is hereby quashed.

Sd/-

JUDGE

ST/NR

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