IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 28TH DAY OF MARCH, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No. 5727 OF 2016 BETWEEN:
RAGHU TAROOR SON OF RAJGOPAL AGED ABOUT 41 YEARS RESIDENT OF NO.174, DEFENCE COLONY SAHAKAR NAGAR BENGALURU - 560 095.
…PETITIONER (BY SRI. BHARATH KUMAR. V, ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH STATION HOUSE OFFICER KODIGEHALLI POLICE STATION BENGALURU – 560 092.
REPRESENTED BY STATE PUBLIC PROSECUTOR HON’BLE HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2. SYEDA SIMRAN BAGDADI @ UMEYA ADIBA AGED ABOUT 33 YEARS RESIDENT OF NO.171, 9TH CROSS WILLIAM TOWN BENGALURU – 560 046. ...RESPONDENTS (BY SRI.VIJAYA KUMAR MAJAGE, ADDL. SPP FOR R1 SRI. SHIVAKUMAR H., ADVOCATE FOR SRI. V.B. SIDDARAMAIAH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AND INFORMATION DATED 11.11.2013, PREFERRED BY THE RESPONDENT NO.2 AND REGISTERED BY THE RESPONDENT NO.1 POLICE AS FIR NO. 314 OF 2013, FOR ALLEGED OFFENCES UNDER SECTION 498A,323,504,506 READ WITH 34 OF IPC WHEREIN THE PETITIONER HEREIN IS ARRAIGNED AS ACCUSED NO.1 (ANNEXURE-A AND A1) AND QUASH THE FINAL REPORT REFERRED BY THE RESPONDENT NO.1 POLICE IN MATTER BEARING CR.NO.314 OF 2013, CURRENTLY RENUMBERED AS MATTER BEARING C.C.NO.12969 OF 2014, PENDING IN THE FILE OF THE CMM, BENGALURU WHEREIN THE PETITIONER. HEREIN IS ARRAIGNED AS ACCUSED NO.2 FOR THE ALLEGED OFFENCES UNDER SECTION 498A,323,504,506 READ WITH 34 OF IPC AND QUASH THE ENTIRE PROCEEDINGS IN MATTER BEARING CR.NO.314 OF 2013 PENDING IN THE FILE OF THE CMM, BENGALURU (ANNEXURE-C).
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner and his counsel Sri Bharath Kumar V, respondent No.2 and her counsel Sri Shivakumar H appearing on behalf of Sri V.B.Siddaramaiah and learned Additional State Public Prosecutor are present.
2. Respondent No.2 has sworn to an affidavit affirming that due to intervention of the counsel on record and her well-wishers, she has resolved her issue with accused No.2, namely, petitioner herein. That in furtherance of the compromise arrived at between respondent No.2 and accused No.2, they have filed a Joint Memo before the Metropolitan Magistrate, Traffic Court-IV, Bengaluru in Crl.Mis.254 of 2013.
3. Respondent No.2 submits that in view of the compromise arrived at between her and her husband, she has withdrawn all allegations made against the petitioner and requests the court to quash the proceedings initiated against the petitioner/accused No.2 arising out of Crime No.314/2013. The submission of the respondent No.2 is placed on record.
In view of the above affidavit, the petition is allowed. The proceedings pending against the petitioner in CC No.12969/2014 arising out of Crime No.314/2013 are quashed.
Sd/- JUDGE nv