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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
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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
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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