IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.2062/2015 BETWEEN:
N. Rajakumar, S/o. Narasimhappa, Aged about 50 years, Lecturer, S.J.M. College, Hosadurga, R/o Opp. Police Quarters, Kanakanagara, Chitradurga Town – 577 501. …Petitioner (By Sri. Gururaj Joshi, Advocate) AND:
1. The State of Karnataka, By Chitradurga Town PS, Chitradurga – 577 501.
2. Smt. R.V. Shakuntala, W/o. late N. Dakeshappa, Aged about 54 years, Door No.58G/2, Koppagal Road, Beechinagar, Bellary Town, Dist: Bellary – 583 101.
Karnataka. ...Respondents (By Sri. I.S. Pramod Chandra, SPP-II for R-1 Sri. K.S. Sreekantha, Advocate for R-2) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the false information/complaint submitted by respondent No.2 dated 04.01.2012, which is produced as Annexure-A and etc.
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Petitioner Sri. N. Rajakumar and his counsel Sri.Gururaj Joshi; Respondent No.2/ Smt.R.V.Shakuntala and her counsel Sri. K.S. Sreekantha are present. On behalf of respondent No.1-State, Sri.I.S.Pramod Chandra, SPP-II is present.
2. The petitioner and respondent No.2 have submitted a compromise petition by way of joint memo, wherein it is stated that the parties have mutually settled their disputes and in terms of the said settlement respondent No.2 has withdrawn all the allegations made against the petitioner leading to his prosecution under Section 465, 468, 471 and 420 of IPC.
3. The parties are identified by their respective counsel. Petitioner and respondent No.2 submit that the compromise arrived at by them as reflected in the above joint memo is free and voluntary. Respondent No.2 submits that in terms of the above compromise she has withdrawn all the allegations made against the petitioner.
4. Having regard to the nature of the allegations made against the petitioner and in view of the above compromise, there is no legal impediment to accept the said compromise. Accordingly, petitioner and respondent No.2 are permitted to compound the above offences.
Consequently, the petition is allowed. Proceedings pending against the petitioner in C.C.No.346/2013 on the file of the II Addl. Civil Judge & JMFC, Chitradurga are hereby quashed.
Sd/- JUDGE SV