IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF APRIL, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.8153/2014 BETWEEN:
1. Smt. Mamatha J., W/o Ashok N., Aged about 26 years, R/at No.28, Ground Floor, Kodathi Village, Karmalram Post, Sarjapura Main Road, Bengaluru – 560 035.
2. Smt. Sunandamma W/o Jayaseetharamareddy, Aged about 50 years, R/at Sangepalli Village, Thali Post, Denkanikota Taluk, Krishnagiri District, Tamilnadu – 635 118. ... Petitioners (By Smt. D.K. Sandarshini, Advocate) AND:
1. State of Karnataka Varthur Police Station, Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001.
2. Sri. A. Nanjundappa S/o late Annayappa, Aged about 63 years, R/at No.20, Near Tata Docomo Tower, Kodathi, Bengaluru – 560 035. ... Respondents (By Sri. Nasrulla Khan, HCGP for R1; Sri. B.T. Venkatesh, Advocate for Sri. Purushothama M.S., Advocate for R2) This Criminal Petition is filed u/s.482 of Cr.P.C. praying to quash the FIR initiated against the petitioners in Crime No.285/2014 registered by the Varthur Police Station, pending on the file of the II Additional Chief Judicial Magistrate, Bengaluru Rural District at Bengaluru and pass any other order or direction.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner No.1-Smt. Mamatha J., Petitioner No.2- Smt. Sunandamma and their counsel Smt.D.K.Sandarshini are present. Respondent No.2/ Sri.A.Nanjundappa and his counsel Sri. B.T. Venkatesh are present. On behalf of respondent No.1-State, Sri. Nasrulla Khan, HCGP is present. The parties are identified by their respective counsel.
2. Petitioners and respondent No.2 have filed a Joint memo, which reads as under:
“1. The well wishers, friends and relatives on the both the sides have made an efforts to settle the disputes between families. Then the first petitioner and son of the second respondent amicable settled the matrimonial disputes at Mediation Center Bangalore in M.C. No.2888/2015. Since the compromise is effected by petitioners and respondent No.2 are voluntarily through mediation. All the issues and matters between the parties have been settled through mediation and first petitioner and son of the respondent have secured the decree of Divorce and agreed the seek quashing of criminal proceedings existing between them and criminal petition before this Hon’ble Court. Petitioners and respondent No.2 pray for the quashing of the proceedings in deference to the settlement arrived between the parties. Hence this joint memo.”
The joint memo is duly signed by the petitioners and their counsel and respondent No.2 and his counsel.
The copy of the Memorandum of Settlement under Section 89 read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, in M.C.No.2888/2015 is enclosed to the joint memo.
3. Respondent No.2 submits that in terms of the aforesaid settlement, he has withdrawn all the allegations made against the petitioners and the compromise reflected in the Memorandum of Settlement is voluntary and genuine and request the court to quash the proceedings in terms of the aforesaid settlement.
4. In view of the terms of the settlement reflected in the Memorandum of Settlement referred above, petition is allowed. Proceedings initiated against the petitioners in Crime No.285/2014 for the offence punishable under Section 448 of IPC, is hereby quashed.
Sd/- JUDGE SV