IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5599/2017 BETWEEN:
1. H. Umesh, S/o. Late Haridas, Aged about 41 years, 2. Smt. Tejamani, W/o. Late Haridas, Aged about 63 years, 3. Sri. Prakash, S/o. Late Haridas, Aged about 48 years, 4. Sri. Manjunath, S/o. Late Haridas, Aged about 32 years, All are residing at Door No.108, 3rd Cross, 1st Main, K.R.S. Road, Jayadevanagara, Mysuru – 570 009. ... Petitioners (By Sri. C.M. Jagadeesh, Advocate) AND:
1. State, By Mahila Police Station, Mysuru, Represented by Public Prosecutor, High Court Building, Bengaluru – 560 001.
2. Smt. K.V. Jyothi, W/o. H. Umesh, Aged about 34 years, Door No.49, LIG-2, 2nd B Main, Sharadadevinagar, Mysuru District – 570 024. ... Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1; Sri. Narayanaswamy H., Advocate for R2) This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash entire proceedings in C.C.No.126/2009 pending before the IV Addl. Civil Judge (Sr.Dn.) & CJM, Mysuru, for the offence p/u/s 498(A), 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, filed by the Mahila Police, Mysuru.
This Criminal Petition coming on for Orders, this day, the court made the following:
O R D E R Petitioners/Sri.H.Umesh, Smt.Tejamani, Sri.Prakash, Sri. Manjunath and their counsel Sri. C.M. Jagadeesh are present. Respondent No.2/Smt.K.V.Jyothi and her counsel Sri. H. Narayanaswamy and on behalf of respondent No.1-State, Sri. Vijayakumar Majage, Addl. SPP are present.
Sri. H. Narayanaswamy, learned counsel seeks leave to enter appearance for respondent No.2. Counsel is permitted to file vakalath in the office.
2. Petition is filed under Section 482 of Cr.P.C. seeking to quash the Charge sheet laid against the petitioners for the alleged offences punishable under Sections 498-A and 506 r/w 34 of IPC. Petitioners and respondent No.2 have filed a Compromise Petition duly signed by them and their respective counsel. The parties are identified by their respective counsels.
3. In the petition it is stated that respondent No.2 had filed a divorce petition against petitioner No.1 in Prl. Family Court at Mysuru in M.C.No.106/2013 and also a petition under Section 125 of Cr.P.C. in C.Misc.No.251/2009. These matters have been resolved in the Mediation Centre and in terms of the said settlement, respondent No.2 has withdrawn all the allegations made against the petitioners and requests the Court to quash the proceedings initiated against the petitioners.
4. Having regard to the above settlement, in order to bring peace and harmony between the parties, Compromise Petition filed by petitioners and respondent No.2 is accepted. Accordingly, petitioners and respondent No.2 are permitted to compound the alleged offences.
Consequently, the petition is allowed. Proceedings pending against the petitioners in C.C.No.126/2009 on the file of the IV Addl. Civil Judge (Sr.Dn.) & CJM, Mysuru, for the offences punishable under Sections 498(A), 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, are hereby quashed.
Sd/- JUDGE sv