IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF MARCH 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.4947 OF 2016 BETWEEN:
1. SMT. HARINI, AGED ABOUT 53 YEARS, W/O SRI.NINGE GOWDA, 2. SRI. NINGE GOWDA, AGED ABOUT 67 YEARS, S/O UDDEGOWDA, BOTH RESIDENTS OF NO.194, SREE GURU NILAYA, 7TH CROSS, B.KATTIHALLI KOPALU, HASSAN – 573 201. ... PETITIONERS (By Sri.KRISHNA S VYAS, ADVOCATE) AND:
1. THE STATE BY KENGERI GATE, SUB – DIVISION POLICE, BANGALORE – 560 060.
REPRESENTED BY THE PUBLIC PROSECUTOR.
2. SMT. M.SHWETHA, AGED MAJOR, W/O RAGHAVENDRA GOWDA, C/O MAHADEVA, R/O NO.18, RAJKUMAR LAYOUT, MANDYA – 571 401.
... RESPONDENTS (By Sri.NASRULLA KHAN, HCGP FOR R1; Smt.ARCHANA MURTHY P., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH, BY INVOKING THE INHERENT POWERS U/S 482 OF CR.P.C., THE IMPUGNED FIR BEARING NO.144/2016, ON THE FILE OF THE III ACMM COURT, AT BANGALORE DATED 09.05.2016 AND THE COMPLAINT DATED 08/09.05.2016 FILED BY THE R2 IN SO FAR AS IT PERTAINS TO THE PETITIONERS.
THIS PETITION COMING ON FOR HEARING THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner No.1 - Smt.Harini, petitioner No.2 - Sri.Ninge Gowda and their counsel; respondent No.2 - Smt.M.Shwetha and her counsel; and learned HCGP are present.
2. The petitioners and second respondent have filed a compromise petition under Section 320 of Cr.P.C. seeking leave of this Court to compound the offences alleged against the petitioners punishable under Sections 498A, 324, 506B of IPC and 3 and 4 of the Dowry Prohibition Act.
3. The parties submit that the said Compromise Petition is filed in terms of the settlement arrived at between the second respondent - Smt.M.Shwetha and her husband Sri.Raghavendra Gowda in M.C.No.5818/2018. Respondent No.2-Smt.M.Shwetha submits that in terms of the mutual settlement, she has withdrawn all the allegations made against the petitioners and requests the court to quash the proceedings initiated against them.
4. Submission of the second respondent is placed on record. In view of the mutual compromise arrived at between the parties, the petition is allowed. The parties are permitted to compound the offences.
5. Accordingly, the petition is allowed. The FIR registered against the petitioners in Crime No.144/2016 and all proceedings arising are hereby quashed.
Sd/-
JUDGE rs