IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF MAY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1596 OF 2016 C/W CRIMINAL PETITION NO.1262 OF 2016 In Criminal Petition No.1596 of 2016:
BETWEEN:
Smt. Parvathamma, W/o Nanjundaiah, Aged about 49 years, R/o Vidyanagara, Tumkur-574 007.
(By Sri.A.N.Radhakrishna, Advocate) AND:
1. State of Karnataka, By Nonavinakere Police, Represented by The State Public Prosecutor, High Court Buildings, Bengaluru-560 001.
2. Smt.Kempamma, W/o Lokesh Gowda, R/at No.23, Virupakshipura, Nonavinakere(HO) ...PETITIONER Tiptur Taluk, Tumkur District-574 007.
(By Sri.Nasrulla Khan, HCGP for R1; Sri.H.P.Leeladhar, Advocate for R2) ...RESPONDENTS This Crl.P is filed u/s.482 of Cr.P.C. praying to set- aside the order dated 16.12.2015 passed by the Additional Civil Judge and JMFC, Tiptur in C.C.No.2468/2015 and quash the proceedings.
In Criminal Petition No.1262 of 2016:
BETWEEN:
Sri.K.H.Prabhu S/o Sri.K.G.Honnegowda Aged about 37 years, Practicing Advocate, Bengaluru.
R/at: Kasavanahalli Village, Vignasante Post, Nonavinakere Hobli, Tiptur Taluk, Tumkur District-572 201.
Presently residing at No.5, 3rd floor, 9th “F” Main Road, Byraveshwaranagara, Nagarabhavi Main Road, Bengaluru-560 072.
(By Sri.H.P.Leeladhar, Advocate) …PETITIONER AND:
1. State of Karnataka By Nonavinakere Police Station, Tiptur Taluk, Tumkur District-572 201.
2. Smt. Parvathamma, W/o Nanjundappa, Aged about 49 years, R/at Virupakshipura village, Nonavinakere Hobli, Tiptur Taluk, Tumkur District-572 201.
(By Sri. Nasrulla Khan, HCGP for R1;
…RESPONDENTS Sri.A.N.Radhakrishna, Advocate for R2) ************ This Crl.P is filed u/s.482 of Cr.P.C. praying quash the entire proceedings against the petitioner in C.C.No.2424/2015 pending on the file of the Additional Civil Judge (Jr.Dn) and JMFC Court, Tiptur, Tumkur District and allow the petition.
These Criminal Petitions coming on for admission this day, the Court made the following:
ORDER Crl.P. No.1596/2016 has been filed seeking to set aside the order dated 16.12.2015 passed by the Additional Civil Judge and JMFC, Tiptur in C.C. No.2468/2015 and to quash the proceedings thereon.
2. Crl.P. No.1262/2016 has been filed praying to quash the entire proceedings in C.C. No.2424/2015 pending on the file of Additional Civil Judge (Jr. Dn.) and JMFC Court, Tiptur.
3. Both the parties in the aforesaid criminal petitions have filed a joint memo duly signed by them and their respective counsels. The joint memo reads as under:
JOINT MEMO “ The petitioners submits that, in view of the Compromise entered into between the parties in RSA No.1351/2017 C/W RSA 1350/2017, the parties agreed to withdraw the Criminal cases in CC No.2468/2015 (in Crime No.100/2015) and in CC No.2424/2015 (Crime No.98/2015) pending on the file of Addl. Civil Judge (Jr. Dn.) & JMFC Tiptur. Hence in view of the settlement arrived between the parties, this Hon’ble Court be pleased to allow both the petitions, in the above cases in the ends of justice.”
4. The parties have produced the copy of the order passed by this Court in RSA No.1351/2017 connected with RSA No. 1350/2017 dated 14.06.2018, para 3 whereof reads as under:
“ 3. Sri T. Lokesh – respondent No.4 in R.S.A. No.1350/2017 and appellant No.2 in R.S.A. No.1351/2017 hereby undertakes that his wife Smt. Kempamma shall withdraw the complaint in C.C. No.2468/2018 (Crime No.100/2015) forthwith in view of the settlement and compromise arrived at between the parties herein. Similarly, Smt. Parvathamma shall also withdraw the complaint in C.C. No.2424/2015 (Crime No.98/2015) on the file of the Additional Civil Judge (Junior Division) and JMFC, Tiptur in view of the compromise arrived at between the parties herein.”
5. In view of the aforesaid order, accepting the joint memo filed by the petitioners, the petitions are allowed. The proceedings in CC Nos.2468/2015 and 2424/2015, on the file of Addl. Civil Judge (Jr. Dn.) & JMFC, Tiptur are hereby quashed.
Sd/- JUDGE sac*