IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF OCTOBER, 2019 BEFORE THE HON'BLE MR. JUSTICE P. B. BAJANTHRI CRIMINAL PETITION NO.4696 OF 2019 Between:
1. Mr.K.V.Diwakar S/o late Vasudevaiah, Aged about 37 years, No.28, 6th ‘A’ Main Road, K.H.B. Colony, 2nd Stage, L.I.G., Basaveshwaranagar, Bengaluru – 560 079.
2. Smt.Adilakshmamma W/o late Vasudevaiah, Aged about 69 years, No.28, 6th ‘A’ Main Road, K.H.B. Colony, 2nd Stage, L.I.G., Basaveshwaranagar, Bengaluru – 560 079.
3. Shri.Govindaraju S/o late Vasudevaiah, Aged about 44 years, No.28, 6th ‘A’ Main Road, K.H.B. Colony, 2nd Stage, L.I.G., Basaveshwaranagar, Bengaluru – 560 079.
4. Smt.Jayalakshmi @ Shilpa W/o Govindaraju Aged about 37 years, No.28, 6th ‘A’ Main Road, K.H.B. Colony, 2nd Stage, L.I.G., Basaveshwaranagar, Bengaluru – 560 079.
5. Smt.K.V.Mohanamba D/o late Vasudevaiah, W/o Somashekar, Aged about 43 years, No.14, Machohalli Colony, Magadi Road, Bengaluru – 91.
6. Smt.Bhramaramba D/o late Vasudevaiah, W/o Chandrashekhar, Aged about 39 years, No.14, Machohalli Colony, Magadi Road, Bengaluru – 91.
7. Shri.Lakshminarayana S/o Ashwathappa, Aged about 60 years, No.27, 4th Cross, Vrushabhavathinagar, Kamakshipalya, Magadri Road, Bengaluru - 560 079.
8. Shri.Krishnegowda S/o Doddegowda, Aged about 55 years, No.127, 2nd Main Road, Vinayakanagara, Kamakshipalya, Magadri Road, Bengaluru - 560 079.
(By Sri.B.N.Shetty, Advocate) And:
1. The State of Karnataka Rep. by the State Public Prosecutor, High Court Bldg, Bengaluru – 560 091.
2. Smt.K.Shamantha @ Shamanthakamani D/o Krishnappa, W/o K.V.Diwakar, Aged about 26 years, No.22/1, 2nd Cross, 11th Main, Maruthinagar, Kamakshipalya, Bengaluru – 577 079.
(By Sri.V.S.Vinayaka, HCGP for R1; Sri.T.Harisha, Advocate for R2) …Petitioners ...Respondents This Criminal Petition is filed under Section 482 of Cr.P.C. praying to allow the petition and quash entire proceedings pending on the file of the V A.C.M.M at Bengaluru in C.C.No.11846/2018.
This Criminal Petition is coming on for Admission, this day, the Court made the following:-
ORDER Petitioner No.1-Sri.K.V.Diwakar and respondent No.2-Smt.K.Shamantha are present in the Court.
2. Petitioner No.1-Sri.K.V.Diwakar and others have filed the instant petition for quashing of the proceedings pending on the file of V Additional Chief Metropolitan Magistrate, Bengaluru in C.C.NO.11846/2018. Respondent No.2 has initiated proceedings against petitioner No.1 and others under Sections 3 and 4 of the Dowry Prohibition Act and under Section 498A read with Section 34 of Indian Penal Code.
3. During the pendency of the proceedings, petitioner No.1 and respondent No.2 have entered into a settlement under Section 89 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 on 20.03.2019 and have produced the memorandum of settlement, which is taken on record.
4. In view of the above, the proceedings pending on the file of V Additional Chief Metropolitan Magistrate, Bengaluru in C.C.No.11846/2018 is set-aside. Accordingly, the Criminal Petition stands allowed.
Sd/- JUDGE dn/-