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.7501/2019 BETWEEN:
Mr.Ravi Kumar Reddy Mudium s/o Mudium Venkata Subba Reddy Aged about 49 years, r/a No.78 4th Cross, ‘C’ Sector, Amruth Nagar Bangalore-560 092, Presently r/a c/o Chenga Reddy, Door # 239 5th `A’ Cross, R R Layout, Vijinapura Bangalore – 560 016. … Petitioner (By Sri B Siddeswara & Sri Nitin R, Advocates) AND:
1. State of Karnataka Bagalur Police Station By State Public Prosecutor High Court of Karnataka Bengaluru – 560 001.
2. Mrs.Jyothi Reddy Mudium w/o Ravikumar Reddy Mudium Aged about 30 years Presently r/a No.403 Krishna Plaza, 1st Main Vinayaka Nagar, IAF Yelahanka, Bangalore-560 063. ... Respondents (By Sri R D Renukaradhya, HCGP for R1, Sri V Vinod Reddy, Advocate for R2) This petition is filed under Section 482 of Cr.PC praying to quash the Criminal Proceedings in C.C.No.3334/2017 (CR.No.160/2016) of Bagalur Police Station, Bengaluru for the offence P/U/S 498-A and 504 of IPC and Sections 3 and 4 of D.P. Act which is now pending on the file of Addl. Civil Judge and JMFC, Devanahalli and consequently entire criminal proceedings.
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 criminal proceedings in C.C.No.3334/2017 (Crime No.160/2016) of Bagalur Police Station, Bangalore, for the offences punishable u/ss. 498-A, 504 IPC and u/Secs.3 & 4 of Dowry Prohibition Act, 1961, which is now pending o the file of the Addl. CJ & JMFC, Devanahalli and consequently entire criminal proceedings, in the ends of justice.”
2. During pendency of the present petitions, 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 in Crl.P No.9478/2018. 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, the criminal proceedings in C.C.No.3334/2017 (Crime No.160/2016) of Bagalur Police Station, Bangalore, for the offences punishable u/ss. 498-A, 504 IPC and u/Secs.3 & 4 of Dowry Prohibition Act, 1961, which is now pending on the file of the Addl. CJ & JMFC, 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 Service Authority, High Court Building, Bengaluru within a period of four weeks from today.
Sd/- JUDGE Bkm