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Srinivas Raju vs The State By on 5 December, 2013

Karnataka High Court Srinivas Raju vs The State By on 5 December, 2013Author: H N Das

1

IN THE HIGH COURT OF KARNATAKA AT BANGALORE

DATED THIS THE 5TH DAY OF DECEMBER, 2013

BEFORE

THE HON’BLE MR.JUSTICE H.N.NAGAMOHAN DAS

CRIMINAL PETITION NO.6534/2012

BETWEEN:

1. SRINIVAS RAJU,

S/O KUPPA RAJU,

AGED ABOUT 44 YEARS,

RESIDING AT NO.16,

5TH CROSS, HIG COLONY, BANGALORE-560094.

2. SRI KUPPA RAJU, S/O LATE NARAYAN RAJU, AGED ABOUT 86 YEARS,

RESIDING AT NO.16,

5TH CROSS, HIG COLONY, BANGALORE-560094.

3. SMT PAPPAMMA,

W/O SRI KUPPA RAJU,

AGED ABOUT 66 YEARS,

RESIDING AT NO.16,

5TH CROSS, HIG COLONY, BANGALORE-560094.

4. SMT SHOBHA,

W/O LATE GOPAL RAJU,

AGED ABOUT 50 YEARS,

RESIDING AT NO.99/1,

2ND MAIN ROAD,

4TH CROSS,

2

BHOOPASANDRA,

BANGALORE.

5. SMT KOKILA,

W/O SRI KRISHNARAJU,

AGED ABOUT 43 YEARS,

RESIDING AT NO.128,

4TH MAIN ROAD,

BHOOPASANDRA,

BANGALORE.

6. KUMARI ROOPA,

D/O LATE GOPAL RAJU,

AGED ABOUT 25 YEARS,

RESIDING AT NO.99/1,

2ND MAIN ROAD, 4TH CROSS, BHOOPASANDRA,

BANGALORE.

(PETITION AGAINST PETITIONER NO.6 IS DISMISSED V/O DT.28.3.2013) … PETITIONERS

(BY SRI P.PRASANNA KUMAR, ADV.

AND:

1. THE STATE BY,

SANJAYANAGAR POLICE STATION, BANGALORE CITY,

BANGALORE,

REPRESENTED BY

STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING,

BANGALORE-560001.

2. SARASWATHI,

W/O SRINIVAS RAJU,

MAJOR,

3

NOW RESIDING AT NO.16, 5TH CROSS, HIG COLONY, BANGALORE-560094,

… RESPONDENTS

(BY SRI K.NAGESHWARAPPA, GP)

THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE ORDER DATED:26.7.06 PASSED BY THE VIII ADDL.C.M.M, BANGALORE CITY IN C.C.NO.21568/06, AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS PENDING THEREON.

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

ORDER

The petitioner No.1 is the husband of respondent No.2.

The petitioner Nos.2 to 5 are the parents and sisters of

petitioner No.1. On account of some differences, petitioner

No.1 and respondent No.2 are residing separately. The

respondent No.2 initiated criminal proceedings against the

petitioners in C.C.No.21568/2006 for the offences punishable

under Sections 498A, 506 of IPC and Sections 3 and 4 of DP

Act. During the pendency of the proceedings, the parties have 4

entered into a Memorandum of Settlement before the

Mediation Center at Bangalore on 13.06.2012. One of the

terms of the settlement is to close the proceedings in

C.C.No.21568/2006 pending on the file of VIII Addl. Chief

Metropolitan Magistrate Court at Bangalore. Therefore, the

petitioners are before this Court seeking quashing of the

proceedings.

2. Despite service of notice, respondent No.2

remained unrepresented.

3. The petitioners contends that respondent No.2 is a

signatory to the Memorandum of Settlement before the

Medication Center at Bangalore wherein she has agreed to

withdraw the criminal proceedings in C.C.No.21568/2006.

There is no reason to disbelieve the Memorandum of

Settlement. Accordingly, the following:

ORDER

i) The petition is hereby allowed. ii) The proceedings in C.C.No.21568/2006 pending on the file of VIII Addl. Chief 5

Metropolitan Magistrate Court at Bangalore are hereby quashed.

Sd/-

JUDGE

VM

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