IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 02ND DAY OF DECEMBER, 2019 BEFORE THE HON’BLE MR.JUSTICE G.NARENDAR CRL.P.NO.1792/2018 C/W CRL.P.NO.5891/2019 IN CRL.P.NO.1792/2018 BETWEEN 1. N. VENKATARAMANAIAH S/O. LATE SHRI. N. RAMASWAMAIAH, AGED ABOUT 68 YEARS, 2. B. N. PRABHAVATHI W/O. N. VENKATARAMANAIAH, AGED ABOUT 59 YEARS, AS PER CHARGE SHEET BOTH ARE RESIDING AT NO.19, 1ST CROSS, MUNESHWARA LAYOUT, AYYAPPANAGAR, K.R.PURAM, BANGALORE-560036 CURRENTLY BOTH ARE R/AT NO. 777, 4TH ENGLISH MESS QUARTERS, NEAR ALLIED RATION DEPOT, OORGAUM, BANGARPET TALUK, KOLAR DISTRICT, KOLAR GOLD FIELD-563120.
(BY SMT RAMA R IYER, ADV.) ...PETITIONERS AND 1. CHAITRASHREE. S. R. W/O. MOHAN.V, AGED ABOUT 30 YEARS, R/AT NO. 2371, 17TH "E" CROSS, 7TH MAIN, BANASHANKARI 2ND STAGE, BENGALURU-560 070.
2. THE SUB-INSPECTOR OF POLICE BANASHANKARI POLICE STATION, BANASHANKARI, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BUILDING, DR. AMBEDKAR VEEDHI, BENGALURU-560001.
…RESPONDENTS (BY SMT. B.G.NAMITHA MAHESH, HCGP FOR R2.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 2ND RESPONDENT IN CR.NO.369/2016 PENDING ON THE FILE OF III ADDL.C.M.M., BENGALURU IN C.C.NO.26766/2017.
IN CRL.P.NO.5891/2019 BETWEEN MOHAN. V S/O. N. VENKATARAMANAIAH, AGED ABOUT 34 YEARS, RESIDING AT NO.19, 1ST CROSS, MUNESHWARA LAYOUT, AYYAPPANAGAR, K.R. PURAM, BANGALORE-560 036.
(BY SMT RAMA R IYER, ADV.) ...PETITIONER AND 1. STATE BY BANASHANKARI POLICE STATION BANASHANKARI, BANGALORE-560 070, REPRESENTED BY SP 2. CHAITRASHREE. S. R. W/O. MOHAN.V, AGED ABOUT 30 YEARS, RESIDING AT NO. 2371, 17TH "E" CROSS, 7TH MAIN, BANASHANKARI 2ND STAGE, BANGALORE-560 070.
…RESPONDENTS (BY SMT. NAMITHA MAHESH B.G, ADV. FOR R1.) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS AND CHARGE SHEET FILED IN C.C.NO.26766/2017 BY THE 1ST RESPONDENT IN CRIME NO.369/2016 PENDING ON THE FILE OF THE III A.C.M.M COURT AT BENGALURU.
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER 1. Crl.P.No.5891/2019 is preferred by the husband and the wife has been arrayed as respondent no.2. The connected petition bearing Crl.P.No.1792/2018 is preferred by the in-laws of respondent no.2.
2. Learned Counsel for the petitioner and respondent no.2 have filed a joint affidavit. The parties are present before the Court and are identified by their respective Counsel.
3. On a query, the respondent-wife submits that she desires to withdraw the complaint and that the parties have amicably resolved the disputes amongst themselves and the terms of settlement has been reached during the mediation and has been reduced to writing on 20.07.2019 and that in view of the law laid down by the Apex Court in the case of GIAN SINGH VS STATE OF PUNJAB & ANOTHER – (2012)10 SCC 303, the joint affidavit be taken on record and ordered accordingly.
4. The material on record would not disclose commission of any heinous offence or commission of any violent act and keeping in view the nature of relationship that existed between the parties, the petition is allowed. The entire proceedings in C.C.No.26766/2017 on the file of III ACMM, Bengaluru, arising out of Crime No.369/2016 registered with the respondent-Police stands quashed.
Sd/- JUDGE KK CT-HR