IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.6136 OF 2017 BETWEEN:
1. K.R. CHIDANANDAMURTHY S/O B. RAJANNA AGED ABOUT 36 YEARS 2. SMT. SUVARNAMMA W/O B. RAJANNA AGED ABOUT 57 YEARS BOTH ARE RESIDING AT NO.4 MUNIYAPPA COMPOUND KOMMAGHATTA ROAD KENGERI UPANAGARA BENGALURU-560 060 ... PETITIONERS (BY SHRI. A.V. RAMAKRISHNA, ADVOCATE) AND:
1. STATE BY KENGERI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA HIGH COURT BUILDING BENGALURU-560 001 2. SMT. M. NETHRAVATHI D/O N.G. MUDDA RAJAIAH AGED ABOUT 32 YEARS NO.4, MUNIYAPPA COMPOUND KOMMAGHATTA ROAD KENGERI UPANAGARA BENGALURU-560 060 NOW RESIDING AT NO.16/1 1ST MAIN, 8TH CROSS GOVINDARAJANAGARA VIJAYANAGARA BENGALURU-560 040 ... RESPONDENTS (BY SHRI. S. RACHAIAH, HCGP FOR R1;
SHRI. T.C. SATHISH KUMAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ORDER DATED 10.07.2013 PASSED BY THE III ADDL.C.M.M., BANGALORE IN C.C.NO.10560/2013 NOW PENDING ON THE FILE OF LVI ADDL.C.M.M., BANGALORE AND ALL FURTHER PROCEEDINGS IN THE SAID CASE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard.
2. Petitioners have challenged the proceedings in C.C.No.10560/2013 on the file of 56th Additional Chief CMM, Bengaluru, initiated by second respondent by filing FIR No.234/2012 on 13.10.2012 in Kengeri Police Station.
3. Shri A.V.Ramakrishna, learned advocate for the petitioners submits that parties have resolved their dispute amicably in M.C.No.108/2013 in the Court of 4TH Additional Principal Judge, Family Court, Bangalore, by filing a memorandum of settlement under Section 89 of CPC. As per Clause 5 of the said settlement, second respondent has agreed to co-operate for quashing of the proceedings in C.C.No.10560/2013 challenged in this petition.
4. Shri T.C.Sathish Kumar, learned advocate for second respondent fairly submits that second respondent has no objection for quashing the proceedings as the parties have settled the dispute amicably. His submission is placed on record.
5. In the circumstances, the proceedings in C.C.No.10560/2013 pending on the file of 56th Additional Chief Metropolitan Magistrate, Bengaluru, are quashed. The petition is accordingly disposed of. No costs.
Sd/- JUDGE Yn.