IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.9479/2018 BETWEEN 1. B M SHARATH KUMAR S/O MAHADEVASWAMY AGED ABOUT 29 YEARS RESIDING AT NO.465, ‘ESHWAR NILAYA’, 9TH MAIN ITI LAYOUT, MALLATHAHALLI BANGALORE – 560072 2. B M MADHU S/O MAHADEVASWAMY AGED ABOUT 35 YEARS, RESIDING AT “CHANDRAKANTHA NILAYA” 40FT. ROAD, MANJUNATHANAGAR, KYATHASANDRA TUMKUR – 572104 … PETITIONERS (BY SRI MADHUKAR DESHPANDE, ADVOCATE) AND 1. STATE OF KARNATAKA REPRESENTED BY MAHILA POLICE STATION, MYSURU – 570001.
2. SMT K B VINUTHA W/O B M KEERTHI AGED ABOUT 26 YEARS, RESIDING AT NO.53, BHAVANINAGAR (KUPPALURU) J P NAGAR, NEAR RING ROAD MYSURU – 570008.
3. B M KEERTHI S/O MAHADEVASWAMY AGED ABOUT 32 YEARS, PRESENTLY AT MAHINDRA AND MAHINDRA LTD., MAHINDRA WORLD CITY, PLOT NO.41/1, ANJUR P.O.
CHENGALPATTU, KANCHIPURAM DISTRICT TAMILNADU -603002 4. MAHADEVASWAMY S/O LATE CHIKKAPUTTAPPA, AGED 63 YEARS, PRESENTLY RESIDING AT BILUGULI VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK, MYSURU DISTRICT - 571129 5. AMBUJAMMA W/O MAHADEVASWAMY AGED 55 YEARS, PRESENTLY RESIDING AT BILUGULI VILLAGE, BILIGERE HOBLI, NANJANGUD TALUK, MYSURU DISTRICT - 571129 … RESPONDENTS (BY SRI R D RENUKARADHYA, HCGP FOR R1 SRI PUTTARAJU, ADVOCATE FOR R2 R4 SERVED BUT UNREPRESENTED) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE CHARGE SHEET DATED 25.02.2017 FILED BY MAHILA POLICE STATION, MYSURU i.e. RESPONDENT NO.1 IN C.C. NO.1122/2017 AS AGAINST PETITIONERS (ANNEXURE-C) IS PENDING BEFORE THE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, MYSURU FOR THE OFFENCE P/U/S 498A, 34 OF IPC R/W SEC.3,4 OF D.P. ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In this petition, the petitioners who are the brothers-in-law of respondent No.2-Smt.K.B.Vinutha, are seeking for quashing of charge sheet dated 25.02.2017 arising out of C.C.No.1122/2017 on the file of IV Addl. Civil Judge (Sr.Dn.) & JMFC, Mysore, for the offences punishable under Sections 498A and 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act.
2. In view of disposal of Crl.P.No.7386/2019, second respondent Smt.K.B.Vinutha and her husband Sri B.M.Keerthi have filed a joint memo of settlement. In the present case also, a similar joint memo dated 15.10.2019 has been filed by Smt.K.B.Vinutha-second respondent and her brothers-in-law, who are present before this Court, stating that second respondent’s husband has agreed to pay Rs.6,50,000/- (Rupees six lakhs fifty thousand only) by issuance of four Demand Drafts dated 16.08.2019 drawn on HDFC Bank for sums of Rs.2,00,000/-, Rs.1,50,000/-, Rs.1,50,000/-
and Rs.1,50,000/- respectively and respondent No.2 has acknowledged the receipt of the said Demand Drafts.
3. In view of these developments chargesheet dated 25.02.2017 in C.C.No.1122/2017 is set aside.
4. Accordingly, the petition stands allowed in terms of the joint memo.
Sd/- JUDGE JT/-