IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1533/2013 BETWEEN:
1. N T SUNANDA AGED ABOUT 30 YEARS W/O DR T H MURTHY D/O THIMMARAYAPPA R/AT NO 54, BALAJI LAYOUT, 6TH CROSS MALLATHAHALLI BANGALOE 560 056 2. N T NARAYANASWAMY S/O THIMMARAYAPPA AGED ABOUT 32 YEARS R/AT NO 54, BALAJI LAYOUT 6TH CROSS, MALLATHAHALLI BANGALORE 560056 3. SMT ANJANAMMA AGD ABOUT 28 YEARS W/O MUNIRAJU R/AT C/O KEMPAIAH NO 18, NEAR SAROJA SCHOOL, OPP ATM ULLALU MAIN ROAD BANGALORE 560056 4. SMT JYOTHI AGD ABOUT 28 YEARS W/O N T NARAYANSWAMY R/AT C/O KEMPAIAH NO 18, NEAR SAROJA SCHOOL, OPP ATM ULLALU MAIN ROAD BANGALORE 560056 5. THIMMARAYAPPA AGD ABOUT 59 YEARS S/O LATE CHOWDAPPA R/AT NAGAGONDANAHALLI VILLAGE, MALUR TALUK KOLAR DISTRICT PIN 563 130 6. MUNIRAJU AGED ABOUT 28 YEARS C/O KEMPAIAH R/AT NO 18, NEAR SAROJA SCHOOL OPP A.T.M ULLALU MAIN ROAD BANGALORE 560056 7. GANGASWAMY AGED ABOUT 52 YEAS S/O LATE HONNAIAH R/AT TAVAREKERE VILLAGE HULIYURUDURGA HOBLI KUNIGAL TALUK TUMKUR DISTRICT PIN 572 123 8. HANUMAIAH AGED ABOUT 56 YEARS S/O LATE HONNAIAH R/AT TAVAREKERE VILLAGE HULIYURUDURGA HOBLI KLUNIGAL TALUK TUMKUR DISTRICT PIN 572 123 9.THAYAMMA W/O CHOWDAIAH AGED ABOUT 54 YEARS R/AT UJJINI VILLAGE HULIYURUDURGA HOBLI KLUNIGAL TALUK TUMKUR DISTRICT PIN 572 123 10. SHIVALINGAIAH AGED ABOUT 51 YEARS R/AT TAVAREKERE VILLAGE HULIYURUDURGA HOBLI KLUNIGAL TALUK TUMKUR DISTRICT PIN 572 123 11. SMT PADMA W/O SHIVALINGAIAH AGED ABOUT 44 YEARS R/AT TAVAREKERE VILLAGE HULIYURUDURGA HOBLI KLUNIGAL TALUK TUMKUR DISTRICT PIN 572 123 12.DR MARUTHI AGED ABOUT 54 YEARS S/O ISMALAPPA R/AT AT NO 12, ISEC NAGARABAVI BANGALORE 560 072 13.DR T JAGANNATH S/O THIMMAIAH ADMINISTRATIVE OFFICER DEVARAJA URS BACKWARD CLASSES DEVELOPMENT CORPORATION OFF MILLER ROAD BEHIND AMBEDKAR BHAVAN VASANTHA NAGAR BANGALORE 560 052 ... PETITIONERS (BY SRI DEEPAK J, ADV.) AND 1.SMT BHAGYALAKSHMAMMA W/O DR T H MURTHY AGED ABOUT 46 YEARS R/AT NO 5-A, NAGADEVANAHALLI 80 FEET RING ROAD KENGERI BANGALORE 560 056 ... RESPONDENT (BY SRI CHIKKAVENKATAIAH, ADV.) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.15041/2012 (PCR NO.58/2011) ON THE FILE OF THE IX A.C.M.M., BANGALORE FOR THE OFFENCES P/U/S 494,109,114 R/W SEC.34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioners has filed a memo in connected Crl.P.No.2115/2014 along with the certified copy of the order sheet in Criminal Revision Petition No.80/12. It is submitted that respondent and the petitioners herein have entered into a compromise in the said Criminal Revision Petition No.80/12 whereunder, the respondent has agreed to withdraw all the cases pending against the petitioners herein and the said compromise memo was accepted by the revisional Court and the proceedings in CC No.144/11 were closed.
2. The learned counsel further submitted that before necessary steps could be taken by the respondent to withdraw the complaint in the instant case, respondent- complainant died on 2.5.2014. In proof of this submission, a copy of the death certificate is also enclosed.
3. The learned HCGP does not dispute the fact that the respondent and the petitioners herein have entered into a compromise as reflected in the compromise memo dated 15.3.2014 in Criminal Revision Petition No.80/12 wherein the respondent has agreed to withdraw all the cases instituted against the petitioners. In view of the said compromise, the learned counsel for respondent and the petitioners have no objection to allow the petition in terms of the aforesaid compromise.
4. Submissions made by the learned counsels appearing for the parties is placed on record. Consequently petition is allowed. Proceedings pending against the petitioner in CC No.4428/2011 on the file of C.J.M., Bangalore Rural District, Bangalore for the offences punishable under Sections 494, 109, 114 R/w.34 of IPC, are hereby quashed.
Sd/- JUDGE Sk/- CT-HR