IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI Crl.P. No.6753/2019 BETWEEN:
1. Smt.Sarojamma H S w/o Marutheesh Aged about 52 years.
2. Sri Vijay N M s/o Marutheesh Aged about 31 years.
3. Sri Marutheesh N B s/o Bylappa Aged about 57 years.
4. Sri Ajay M s/o Marutheesh Aged about 32 years.
All are r/a No.324 Vinayaka Nagara Moodalapalya Nagarabavi Main Road Bengaluru – 560 072. … Petitioners (By Sri Mukunda P, Advocate) AND:
1. State of Karnataka by Station House Officer Soladevanahalli Police Station Bengaluru City, Represented by The State Public Prosecutor High Court Complex Bengaluru – 560 009.
2. Smt.H S Roopa W/o Sri Anand Kumar Aged about 40 years r/a No.784, Opp:Government School, Bilijaji Road Hesaraghatta Bengaluru – 560 088. ... Respondents (By Sri R D Renukaradhya, HCGP for R1, Sri Ravi Kumar S, Advocate for R2) This petition is filed under Section 482 of Cr.PC praying to quash the entire proceedings in C.C N.4554/2019 pending on the file of C.J.M., Bengaluru Rural District, Bengaluru for the offence P/U/S 354, 504, 506, 509 and 201 read with 34 of IPC (arising out of CR.No.08/2018) vide Annexure-A against the petitioners.
This petition is coming on for admission this day, the Court made the following:-
ORDER In the instant petition, petitioners have sought for the following relief:
Quash the entire proceedings in C.C.No.4554/2019 pending on the file of the Hon’ble Chief Judicial Magistrate Bengaluru Rural District, At Bengaluru for the offences punishable under Section 354, 504, 506, 509 and 201 R/w 34 of Indian Penal Code (arising out of Crime No.08/2018) vide Annexure-A against the petitioners, in the interest of justice and equity.
2. Complainant/2nd respondent is related to accused – petitioners. There was a property dispute between the petitioners and 2nd respondent that the 1st petitioner through her mobile sent whatsapp massages with photos. Such photos are relating to disclosure of complainant’s picture, which said to have been circulated among ten persons, whereby causing humility to the 2nd respondent/complainant. Based on the 2nd respondent’s complaint, FIR was filed on 12.1.2018 for the offences punishable under Sections 504, 506 read with Section 34 of IPC. During the pendency of the present petition, parties have entered into settlement among themselves. To that effect a joint affidavit dated 31.10.2019 has been filed, in other words, 2nd respondent/complainant has no objection to quash the proceedings in CC No.4554/2019 against the petitioners, which is pending on the file of the Chief Judicial Magistrate Bengaluru Rural District, Bengaluru, arising out of Crime No.8/2018. Even though, offences are serious in nature having regard to the fact that petitioners and complainant are blood related persons. Consequently, in terms of decision in the case of Gian Singh –vs- State of Punjab (2012) 10 SCC 303, petitioners and complainant are permitted to settle their issues by means of compromise/settlement. Accordingly, joint affidavit dated 31.10.2019 is taken on record. The proceedings in CC No.4554/2019 against the petitioners, which is pending on the file of the Chief Judicial Magistrate Bengaluru Rural District, Bengaluru, arising out of Crime No.8/2018 are set aside insofar as the petitioners are concerned.
Consequently, petition stands allowed subject to payment of cost of Rs.10,000/- for the reason that unnecessarily parties have put into government machinery in action from January, 2018 to this day. The same has resulted in settlement among the parties. Therefore, petitioners are liable to pay a sum of Rs.10,000/- as cost in the High Court Legal Services Authority, High Court Building, Bengaluru within a period of three weeks from the date of receipt of this order.
Bkm Sd/- JUDGE