IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P No.9478/2018 BETWEEN:
Mr.Ravi Kumar Reddy Mudium s/o Mudium Venkata Subba Reddy Aged about 47 years, r/a No.78 4th Cross, ‘C’ Sector, Amruth Nagar Bengaluru-560 092, Presently R/a c/o Chenga Reddy, Door # 239 5th `A’ Cross, R R Layout, Vijanapura Bangalore – 560 016. … Petitioner (By Smt.Nagamani V for Sri Nagabhushana Reddy, Advocates) AND:
Mrs.Jyothi Reddy Mudium w/o Ravi Kumar Reddy Mudium Aged about 28 years R/a No.403, Krishna Plaza 1st Main, Vinayaka Nagar, IAF Yelahanka, Bangalore-560 063. ... Respondent (By Sri V Vinod Reddy, Advocate) This petition is filed under Section 482 of Cr.PC praying to quash the entire proceedings in Crl.Misc.No.379/2017 pending before the Principal Civil Judge and JMFC, Devanahalli.
This petition is coming on for admission this day, the Court made the following:-
ORDER In the instant petition, petitioner has sought for the following relief:
“Quash the entire proceedings in C.MIsc.No.379/2017 pending before the Prl. Civil Judge and JMFC at Devanahalli to meet the ends of justice.
2. During pendency of the present petition, parties have amicably settled the matter by filing memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 in M.C.No.2848/2018 read with joint affidavit dated 24.10.2019. Para-6 of the settlement reads as under:
“6. The respondent has agreed to cooperate in closing/quashing the proceedings in CC No.3334/2017 pending on the file of JMFC, Devanahalli for the offence punishable under Section 498-A, 504 of IPC R/W Section 3 & 4 D.P.Act.”
3. Para (e) of the joint affidavit dated 24.10.2019 filed in Crl.P No.9478/2018 reads as under:
“(e) In view of this settlement agreement the respondent has agreed to withdraw Crl.Misc.No.379/2017 pending on the file of JMFC, Devanahalli, for the offence punishable under section 12 of D.V.Act.”
4. Having regard to the aforesaid facts and circumstances, entire proceedings in C.MIsc.No.379/2017 pending before the Prl. Civil Judge and JMFC at Devanahalli stands quashed.
Accordingly, petition stands allowed.
Even though the offences are heinous having regard to the fact that it is a settlement among the family members. Parties have unnecessarily put Government machinery into action from the year 2016 to this day, therefore petitioner, Sri Ravi Kumar Reddy Mudium is hereby directed to pay cost of Rs.10,000/- in the High Court Legal Services Authority, High Court Building, Bengaluru within a period of four weeks from today.
Sd/- JUDGE Bkm