IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF JULY 2019 BEFORE THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.2332 OF 2016 BETWEEN:
1. KRISHNAN C S/O CHANDRASHEKAR, AGED ABOUT 32 YEARS, R/AT NO. 1045, 10TH A CROSS, 4TH MAIN, VIJAYANAGARA I STAGE, MYSURU - 570 017.
2. SMT. RATHNAMMA W/O CHANDRASHEKAR, AGED ABOUT 59 YEARS, R/AT NO. 1045, 10TH A CROSS, 4TH MAIN, VIJAYANAGARA I STAGE, MYSURU - 570 017.
3. CHANDRASHEKAR S/O LATE KRISHNA IYER, AGED ABOUT 62 YEARS, R/AT FLAT NO. 201, SHARADA NIVAS APARTMENTS, NO. 108, MARGOSA ROAD, MALLESWARAM, BANGALORE - 560 003.
4. KRUPA D/O CHANDRASHEKAR, AGED ABOUT 27 YEARS, WORKING AS SENIOR SOFTWARE ENGINEER, DELPHI, WHITEFIELD, BENGALURU-560066.
R/AT FLAT NO. 201, SHARADA NIVAS APARTMENTS, NO. 108, MARGOSA ROAD, MALLESWARAM, BANGALORE - 560 003.
(BY SRI: SHARATH S GOWDA, ADVOCATE) AND 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, MYSURU - 570 001.
2. SMT. APOORVA K V W/O KRISHNAN C, AGED ABOUT 26 YEARS, R/AT NO. 1279, I CROSS, NEHARU NAGAR, MANDYA - 571 401.
... PETITIONERS ... RESPONDENTS (BY SRI: VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1; SRI: RAMA R.IYER, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE COMPLAINT DATED 30.01.2016 VIDE ANNEXURE-B AND CONSEQUENTLY THE FIR REGISTERED IN CR.NO.11/2016 ON THE FILE OF IV ADDL.CIVIL JUDGE (SR.DN) AND J.M.F.C., AT MYSURU BY THE RESPONDENT POLICE FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A) R/W 34 OF IPC AND SEC.3 AND 4 OF D.P.ACT VIDE ANNEXURE-A.
THIS CRL.P COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
O R D E R Heard learned counsels appearing for the parties. Perused the records.
2. Petition is filed under section 482 Cr.P.C. seeking to quash the FIR registered against the petitioners in Cr.No.11/2016 for the offences punishable under sections 498A r/w 34 Indian Penal Code and sections 3 and 4 of Dowry Prohibition Act.
3. Learned counsel appearing for the parties have referred to the settlement arrived at between petitioner No.1 and respondent No.2 before the Mediation Centre, Bengaluru in M.C.No.310/2016. Clause F of the aforesaid settlement reads as under:-
f. “The respondent has agreed to co-operate with the petitioner for withdrawal for criminal cases pending before Mandya JMFC and Mysore 4th ACJ(Sr.Dn.).”
4. In terms of the aforesaid settlement, learned counsels appearing for the parties have filed a joint memo.
In view of the said joint memo and the mutual settlement arrived at between the parties as reflected in the memorandum of settlement, the petition is allowed. Proceedings initiated against the petitioners in Cr.No.0011/16 on the file of IV Addl. Civil Judge(Sr.Dn.) & JMFC, Mysuru are hereby quashed.
Sd/- JUDGE *mn/-