IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2017 BEFORE THE HON'BLE MR.JUSTICE BUDIHAL R.B.
CRIMINAL PETITION NO.7624/2017 BETWEEN:
1. Ashok S Kulambi S/o K R Siddappa Aged about 35 years R/at No.33, Wyllie Mews Burton-Trent DE14BF United Kingdom (Represented by GPA Holder K.R. Siddappa) 2. Suvarnamma W/o K R Siddappa Aged about 73 years House wife.
3. K.R. Siddappa S/o Late Revana Siddappa Aged about 80 years Retried Principal Petitioners 2 and 3 are R/at the premises D.No.D/2 Near to Second Bus Stop Bapuji Vidyanagar Davanagere-577 001.
4. Ashwini S Kulambi W/o S K Sathish Aged about 47 years R/at Flat No.F-1 MSR Square Villa 9th Main, 4th Cross Jnanabharathi Layout 1st Block, R.V. College Post Valagerehalli Kengeri Bangalore-560 059. ... PETITIONERS (By Sri B K Manjunath, Adv.) AND:
1. S N Shilpa D/o Nagendra Patel S V Aged about 30 years R/o No.1935/7, 10th Cross Siddaverappa Extension Davanagere.
2. State of Karnataka By Women Police Station Davanagere Represented by State Public Prosecutor High Court Building Bengaluru-560 001. ...RESPONDENTS (By Sri Chetan Desai, HCGP for R2 Sri Gautam Bharadwaj, Adv. for R1) This Criminal Petition is filed under Section 482 Cr.P.C. praying to quash the criminal proceedings filed by the respondent against the petitioners P/U/S 498(A), 506 read with Section 34 of IPC and Section 3 and 4 of Dowry Prohibition Act on the file of learned J.M.F.C. III Court, Davanagere in C.C.No.1609/2014.
This Criminal Petition coming on for Orders this day, the Court made the following:
ORDER Sri.Gautam Bharadwaj, learned counsel has filed vakalath for respondent No.1-complainant today. The same is taken on record.
2. The petitioners/accused Nos.1 to 4, the respondent No.1/complainant and their respective counsel and also the learned High Court Government Pleader representing respondent No.2/State, are present before the Court.
3. The parties herein have entered into compromise by presenting a Memorandum of Settlement before the Family Court at Bangalore in M.C.No.4247/2012. The certified copy of the said Memorandum of Settlement filed under Section 89 of the CPC r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 is produced as per Annexure ‘E’. The parties before the Court have submitted that they have entered into compromise as per the terms in the Memorandum of Settlement.
4. C.C.No.1609/2014 filed by the respondent No.1 against the petitioners herein under Sections 498A, 506 r/w Section 34 of IPC and also under Sections 3 and 4 of DP Act is pending on the file of JMFC-III Court, Davangere.
5. As per the said Settlement arrived into, the petitioners herein have agreed to pay Rs.31,00,000/- lakhs to the respondent No.1/complainant herein. The parties have submitted that Rs.15,50,000/- has already been paid to respondent No.1/complainant. Respondent No.1/complainant has also submitted that she has received Rs.15,50,000/- and today remaining amount of Rs.15,50,000/- is paid by way of Demand Draft bearing No.831261 dated 26.10.2017 drawn on HSBC Bank amounting to Rs.15,50,000/- (INR One million five hundred fifty thousand only). The same is handed over to the complainant-respondent No.1.
6. Since the parties have entered into compromise, no purpose would be served in continuing the criminal case before the trial Court. In view of the same, the proceedings initiated as against the petitioners/ accused Nos.1 to 4 for the above said offences are hereby quashed.
7. Petition is allowed accordingly.
Sd/- JUDGE bkp