IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 08TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 7002 OF 2016 BETWEEN 1. R. PRASANNA KUMAR S/O RAMEGOWDA, AGED ABOUT 45 YEARS, R/AT NO.39, 9TH MAIN, 1ST STAGE, HEBBAL, MYSORE – 570 019.
2. MRS VEENA W/O PRASANNA KUMAR, AGED ABOUT 39 YEARS, R/AT NO.39, 9TH MAIN, 1ST STAGE, HEBBAL, MYSORE – 570 019.
(By Sri. LETHIF.B, ADV.) AND 1. STATE OF KARNATAKA REP. BY WOMEN POLICE STATION, MYSORE DISTRICT, REP.BY SPECIAL PUBLI PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560001 2. MRS. PADMASHREE D/O K.THIMMAIAH, AGED ABOUT 44 YEARS, ... PETITIONERS R/A NO.187, M.G.KOPPAL MAIN ROAD, KUMBAR KOPPAL, MYSORE-570016.
... RESPONDENTS (By SRI.VIJAYAKUMAR MAJAGE, ADDL. SPP FOR R1 SRI.K.C.PRATHEEP, ADV. FOR R2) THIS CRL.PETITION IS FILED U/S.482 CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.58/2012 PENDING ON THE FILE OF IV ADDL. SR. C.J. AND JMFC, MYSORE IN CR. NO.73/2011 OF MYSORE TOWN WOMEN POLICE STATION, MYSORE DIST.
THIS CRL.PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
O R D E R Petitioner No.1 -Sri. R Prasanna Kumar, Petitioner No.2- Mrs. Veena, their counsel, Sri. B Lathief; respondent No.2- Mrs. Padmashree and her counsel Sri K.C. Pratheep are present.
2. Learned counsel, Sri. K.C. Pratheep, seeks to file vakalath for respondent No.2. He is permitted to file vakalath in the office.
3. This petition is filed under Section 482 of Cr.P.C., to quash the proceedings in C.C.No.58/2012 pending on the file of IV Addl. Senior Civil Judge & JMFC., Mysuru for the alleged offences punishable 4. Respondent No.2 has filed an affidavit before the Court duly sworn to by her. In the affidavit, it is stated that petitioner No.2 had filed a suit in O.S.No.10/2014 in the Family Court at Mysuru for declaration that she is the legally wedded wife of petitioner No.1. The said suit is ended in compromise declaring that petitioner No.2 is the legally wedded wife of petitioner No.1. In view of the said settlement, respondent No.2 has withdrawn all the allegations made against the petitioner and requests the Court to quash the proceedings pending against the petitioners in C.C.No.58/2012 arising out Cr.No.73/2011 of Mysuru Town Women Police Station, Mysuru District.
5. Respondent No.2 reiterates that the averments made in the affidavit are true and correct and she has voluntarily and willingly withdrawn all the allegations made against the petitioners and request this Court to accept the affidavit and to quash the proceedings initiated against the petitioners.
6. Learned Addl. SPP-2 also is heard in the matter. Having regard to the nature of the allegations made in the charge sheet and in view of the compromise entered into between the parties, the Addl. SPP-2 has no objection on behalf of the State to accept the compromise entered into between the parties.
Accordingly, the petition is allowed. The proceedings in C.C.No.58/2012 arising out of Cr.No.73/2011 for the offence punishable under Sections 498A and 506 r/w Section 34 of IPC pending on the file of IV Addl. Senior Civil Judge & JMFC., Mysuru, are quashed.
Sd/- JUDGE psg*