IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 06TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.6332/2019 BETWEEN:
1. Mr.Karthikeyan A.R., S/o. late A.R.Rama Murthy, Aged about 41 years, R/at No.2259, 7th Main, 22nd Cross, BSK 2nd Stage, Bengaluru – 560 070.
2. Smt.Subbalakshmi C.N., W/o. late A.R.Rama Murthy, Aged about 76 years, House No.95, Amruthur-4, Kunigal, Tumkur – 585 202, As per the FIR;
Rajajinagar Bengaluru City, Karnataka.
3. Smt.Mamatha Sridhar, W/o.Sridhar Rajagopal, Aged about 44 years, R/at No.542, 4th Main, 2nd Stage, West of Chord Road, Bengaluru – 560 086, As per the FIR;
Rajajinagar, Bengaluru City, Karnataka.
(By Sri Nishanth A.V., Advocate) … Petitioners AND:
1. State of Karnataka By Basavanagudi Women Police Station, Bengaluru Reptd. by S.P.P High Court Building Bengaluru-560 001.
2. Mrs.Shweta Babu, D/o.R. Suri Babu, R/at No.1023, 25th Main, Banashankari 2nd Stage, Bengaluru – 560 070. ... Respondents (By Sri R.D.Renukaradhya, HCGP for R-1 Sri M.C.Ravikumar, Advocate for R-2) This Criminal Petition is filed under Section 482 of Cr.PC praying to quash the FIR registered by the Basavanagudi Women Police Station, Jayanagar Sub- Division, Bengaluru against the petitioners for the offence P/U/S 498-A R/w 34 of IPC and Section 3 and 4 of D.P.Act.
This Criminal Petition is coming on for admission this day, the Court made the following:-
ORDER The petitioners have sought for the following relief;
Learned counsel for the parties with reference to Annexure-A copy of memorandum of petition in MC No.4466/2019 filed under Section 13-B of the Hindu Marriage Act submits that both the petitioner and the complainant presented the said memorandum of petition before the Family Judge, Family Court, Bengaluru. Paragraph 5 of the said memorandum of petition reads as under;
“It is further submitted that the petitioner No.1 herein has lodged a complaint on 06.06.2019 against the petitioner No.2 and others before Basavanagudi Women’s police station and FIR bearing Crime No.83/2019 is registered. In view of filing of the present petition and as the petitioner No.1 and petitioner No.2 mutually put to rest all issues and disputes between them the petitioner No.1 has agreed to co-operate and has no objection for the quashing of FIR in Crime No.83/2019 filed against petitioner No.2 and others by the Hon’ble High Court of Karnataka in the Criminal petition under Section 482 of Cr.P.C which the petitioner No.2 and others would file within one week from the date of filing of this petition.”
2. In view of the aforesaid statement made by the parties before the Family Court, the FIR registered in Crime No.0083/2019 dated 07.06.2019 by Basavanagudi Women Police Station, Jayanagar Sub Division, Bengaluru City vide Annexure-C, pending on the file of II ACMM Court, Mayo Hall, Bengaluru City against the petitioners for the offence punishable under Section 498A, 34 of IPC R/w Sections 3 and 4 of Dowry Prohibition Act, 1961 is hereby set aside.
Accordingly, the Criminal petition stands allowed.
Sd/-
JUDGE PN/-