IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.6693 OF 2019 BETWEEN:
1. KAUSHIK.M.K. @ KAUSHIK MARI @ KOWSHIK S/O KAMALAKARA, AGED ABOUT 37 YEARS, ORDINARILY RESIDING AT IRUVAKKI VILLAGE, POST : ANANDAPURAM, SAGAR TALUK, SHIVAMOGGA DISTRICT – 577 412 NOW RESIDING AT NO.292, PIPELINE ROAD, III MAIN ROAD, BULLET STREET, VASANTHAPURA, BENGALURU – 560 061.
2. KAMALAKARA, S/O LATE MARIRAMAIAH, AGED ABOUT 73 YEARS, R/O IRUVAKKI VILLAGE, POST : ANANDAPURAM, SAGAR TALUK, SHIVAMOGGA DISTRICT – 577 412 ...PETITIONERS (By Sri JAYAPRAKASH.R.V., ADVOCATE) AND:
1. STATE OF KARNATAKA, SAGAR TOWN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. PRAKRUTHI.M.V., W/O KAUSHIK.M.K. @ KAUSHIK MARI, D/O Dr.M.S.VIGNESH, AGED ABOUT 32 YEARS, R/O PAMPANAGAR MAIN ROAD, OPP: MES CONVENT, SHIVAMOGGA CITY – 577 201. ...RESPONDENTS (BY SRI VINAYAKA.V.S., HCGP FOR R1; SRI S.V.PRAKASH, ADVOCATE FOR R2) THIS PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE-SHEET FILED BY SAGAR TOWN POLICE STATION IN C.C.NO.331/2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT SAGAR FOR OFFENCE PUNISHABLE UNDER SECTIONS 506 AND 498-A OF IPC AND ALSO ENTIRE PROCEEDINGS IN C.C.NO.331 OF 2016 ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT SAGAR.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri.S.V.Prakash, learned counsel has filed vakalat for the second respondent. The parties are present before the Court.
2. Petitioner has sought for the following relief:
“Wherefore, it is prayed that this Hon’ble Court may be pleased to quash the charge- sheet (Annexure–‘C’) filed by Sagar Town Police Station in C.C.No.331/2016 on the file of the Principal Civil Judge and JMFC at Sagar for offences punishable under Sections 506 and 498-A of I.P.C. and also entire proceedings in C.C.No.331/2016 (Annexure–‘D’) on the file of the Principal Civil Judge and JMFC at Sagar in the interest of justice”.
2. During the pendency of the present petition, first petitioner and second respondent have entered into a settlement. To that extent, a joint affidavit of the first petitioner and second respondent has been prepared on 16.10.2019 and it is placed on record.
3. Undisputedly, first petitioner and second respondent are husband and wife. Due to domestic issues among themselves, various civil and criminal litigations were initiated. In order to settle their disputes, they have filed a joint affidavit dated 16.10.2019. and the same is taken on record. Accordingly, petition is allowed and the charge-sheet (Annexure-‘C’) filed by Sagar Town Police Station in C.C.No.331 of 2016 on the file of the Principal Civil Judge and JMFC at Sagar for offences punishable under Sections 506 and 498-A of I.P.C. and also the entire proceedings in C.C.No.331 of 2016 (Annexure-‘D’) on the file of the Principal Civil Judge and JMFC at Sagar are set aside, in view of the joint memo read with the settlement among the parties dated 16.10.2019.
Sd/- JUDGE DH