IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.5313 OF 2016 BETWEEN:
1. M. G. KARTHIK S/O. LATE GANGARAJU, AGED ABOUT 30 YEARS, 2. SMT. GOWRAMMA W/O. LATE GANGARAJU, AGED ABOUT 50 YEARS, BOTH RESIDING AT NO.338, "B" BLOCK, KANAKADASA NAGAR, 3RD STAGE, DATTAGALLI, MYSURU.
3. M.G. BHAVYA W/O. YOGESH R, AGED ABOUT 31 YEARS, 4. YOGESH R S/O. RAMAKRISHNA, AGED ABOUT 36 YEARS, BOTH RESIDING AT NO.63/5, 4TH MAIN, 3RD CROSS, GOWRISHANKAR NAGAR, MYSURU-570001. ... PETITIONERS (BY SRI: ARUN A GADAG, ADVOCATE) AND 1. STATE BY MAHILA POLICE MYSURU-570001.
2. BRUNDA M.H.
W/O. KARTHIK M.G., AGED ABOUT 26 YEARS, R/AT 2461, 3RD STAGE, KANAKADASANAGAR, DATTAGALLI, MYSURU-570023. ... RESPONDENTS (BY SRI: VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1; SRI: V.SRINIVAS ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE COMPLAINT DATED 19.02.2016 (ANNEXURE-A) AND QUASH FIR NO.24/2016 (ANNEXURE-B) AND ALL FURTHER PROCEEDINGS IN CR. NO.24/2016 INITIATED BY THE RESPONDENT POLICE, NOW PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE (SR.DN.) AND JMFC, MYSURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Sri.M.G.Karthik, petitioner No.1 and his counsel, Smt.Brunda.M.H, respondent No.2 and her counsel and Additional State Public Prosecutor appearing for respondent No.1 are present.
2. Petitioners and respondent No.2 have filed a Joint Memo. The Memo reads as under:
“It is brought to the notice of the Hon’ble Court that the present petition is filed under Section 482 of Code of Criminal Procedure seeking to quash the complaint dated 19.02.2016 and FIR No.24/2016 registered by the respondent police and all other further proceeding in C.C.No.1101 of 2017 on the file of 4th Additional Civil Judge (Sr.Dn) & JMFC Court, Mysuru. In view of the amicable settlement arrived at the instance of elders and well-wishers the complainant/respondent No.2 withdraws all the allegations made against the petitioners/accused and accordingly prays before this Hon’ble Court to quash the entire proceedings against all the accused/petitioners, such may be done in the best interest of justice and equity. Hence, the same may be recorded.”
3. Respondent No.2 has sworn to an affidavit wherein she has affirmed that at the intervention of elders and well-wishers, dispute between her and the petitioners has been settled and in terms of the said settlement, she has withdrawn all the allegations made against the petitioners in Crime No.24/2016 (C.C.No.1101/2017) and seeks to quash the proceedings initiated against the petitioners.
4. In view of the aforesaid affidavit and the joint memo filed by the parties, the presence of petitioners No.2 to 4 is dispensed with. Petitioner No.1 and respondent No.2 submit that they have voluntarily entered into the aforesaid settlement. The Joint Memo filed by the parties and the affidavit sworn to by respondent No.2 are taken on record. In view of the withdrawal of the allegations made against the petitioners, no useful purpose would be served in continuance of the proceedings.
5. Accordingly, the affidavit and the joint memo are accepted. Petition is allowed. The proceedings pending against the petitioners in C.C.No.1101/2017 arising out of Crime No.24/2016 are quashed.
bkp Sd/- JUDGE