IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 6TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. NO.8528/2017 BETWEEN DR. SHIVABASAVAIAH, AGED AROUND 56 YEARS, S/O LATE SIDDAIAH, "NISARGA", DOOR NO.267, BANK COLONY ROAD, BOGADI, MYSURU-570 001 ... PETITIONER (BY SMT. SHWETHA ANAND, ADV.) AND 1. STATE OF KARNATAKA BY THE POLICE INSPECTOR, JAYALAKSHMIPURAM POLICE STATION, JAYALAKSHMPURAM, MYSURU REP. BY STATE OF KARNATAKA, SPP., HCK., BENGALURU – 560 001.
2. SARITHA M., W/O DR.VIJAYKUMAR, AGED ABOUT 39 YEARS, #315, 17TH MAIN, VIJAYANAGAR 3RD STAGE, MYSURU-570 020. ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1 SRI. B. PANEESH KUMAR, ADV. FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1218/2012 PENDING ON THE FILE OF THE IV ADDITIONAL CIVIL JUDGE AND J.M.F.C AT MYSURU INCLUDING THE CHARGE SHEET, ARISING OUT OF AN FIR REGISTERED IN CRIME NO.18/2011 BASED ON THE COMPLAINT FILED BY THE RESPONDENT NO.2 FOR THE OFFENCE P/U/S 107, 354 R/W 34 OF IPC TO THE EXTENT OF THE PETITIONER HEREIN.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri B. Paneesh Kumar, learned counsel has filed vakalath on behalf of second respondent.
2. The petitioner, the respondent No.2 and their respective counsel are present before the court. The second respondent has also filed an affidavit stating that, she has no objection to quash the proceedings pending against the petitioner in CC No.1218/2012 on the file of the IV Addl. Civil Judge & JMFC, Mysuru, for the offence punishable under sections 107, 354 read with Section 34 of IPC.
3. Heard. Both the petitioner and the second respondent who are present before the court accept the contents of the affidavit. The offence u/s.354 of IPC is not seriously punishable and moreover the parties have settled their disputes between themselves and there is no legal impediment to quash the proceedings. Under the above said circumstances, I pass the following:
ORDER The petition is allowed. Accepting the affidavit filed by the second respondent herein, all further proceedings pending against the petitioner in CC No.1218/2012 pending on the file of the IV Addl. Civil Judge & JMFC, Mysuru for the offence punishable under sections 107, 354 read with Section 34 of IPC, is hereby quashed.
Sd/-
JUDGE PL*