IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 04TH DAY OF NOVEMBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.6929/2019 BETWEEN D. N. SHIVAKUMAR S/O NINGAPPA AGED ABOUT 40 YEARS R/AT NO.9/5, 2ND CROSS 1ST MAIN, ANANTHANAGAR BAPUJINAGAR, MYSORE ROAD BANGALORE-560 026.
AND ALSO R/AT DEVEGOWDANA KOPPALU NARAYANAPURA POST PANDAVAPURA TALUK MANDYA DISTRICT 571401.
(BY SRI N UDAYKUMAR, ADVOCATE) AND 1. STATE OF KARNATAKA BY BYATARAYANAPURA P.S. BANGALORE-560 040 REP. BY THE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560 001.
...PETITIONER 2. P. RAJALAKSHMI W/O B N SHIVAKUMAR AGED ABOUT 35 YEARS, R/A NO.1709, 6TH C MAIN, RPC LAYOUT, HAMPINAGAR VIJAYANAGAR 2ND STAGE BANGALORE 560014.
…RESPONDENTS (BY SRI R D RENUKARADHYA, HCGP FOR R1 SRI SANDEEP PATIL & SMT SWAMINI G M, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN C.C. NO.24348/3014 PENDING BEFORE THE XLV ACMM, BENGALURU OF THE RESPONDENT NO.1 POLICE THAT IS BYATARAYANAPURA POLICE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R In the instant petition, the petitioner has sought for the following relief:
“To quash the proceedings in C.C.No.24348/2014, pending before the XLV ACMM, Bangalore of the respondent No.1, police i.e., Byatarayanapura police and further be pleased to pass any other order commensurating with the facts and circumstances of the case, in the interest of justice and equity”.
2. During the pendency of the criminal proceedings, the parties have filed a Memorandum of Settlement under Section 89 of CPC r/w Rule 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, in M.C.No.6848/2018.
3. Paragraph No.6 of the Memorandum of Petition, reads as under:
“6) The petitioner submits that both the petitioner and the respondent No.2 was settled the dispute before the VI Additional Family Court in M.C.No.6848/2018 and the matter has been setteld before the mediation on 01.07.2019 and in the mediation the respondent No.2 was also agreed, she has no objection to quash the proceedings pending before the XLV ACMM, Bangalore in C.C.No.24348/2014 of the respondent No.1 police. The certified copy of the mediation report is herewith produced as Document No.2 for the kind perusal of this Hon’ble Court”.
4. The parties are present in the Court today.
Respondent No.2 has no objection to quash the proceedings in C.C.No.24348/2014, pending on the file of XLV ACMM, Bangalore, against the petitioner herein for the offences punishable under Sections 498(A), 325 of IPC.
5. In view of the aforesaid submissions read with the Memorandum of Settlement in M.C.No.6848/2018, the petition is allowed while quashing the entire proceedings in C.C.No.24348/2014, on the file of XLV ACMM, Bangalore, (later the petition was shifted to CCH-45), including FIR, complaint and charge sheet, for the offences punishable under Sections 498-A and 325 of IPC.
Sd/- JUDGE DL