IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE MR.JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.5765/2019 BETWEEN:
SRI BHARAT RAJ S/O. SMT. V. VIJAYALAKSHMI AGED ABOUT 44 YEARS, R/AT. NO.285, 2ND MAIN, 3RD PHASE, J.P. NAGAR, BENGALURU-560078.
(BY SRI.DEVARAJA M. ADV.,) AND:
1. STATE OF KARNATAKA BY THE STATION HOUSE OFFICER JEEVAN BHIMA NAGAR POLICE STATION, BENGALURU CITY-560026.
2. Ms. CHAITRA ANAND D/O. ANAND, AGED ABOUT 36 YEARS, R/AT P-128, 8TH MAIN, SECTOR 12, LIC COLONY, HAL 3RD STAGE, BENGALURU-560075.
(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1 … PETITIONER ... RESPONDENTS SRI B. SIDDESHWARA, ADV., FOR R2 – VAKALTH FILED IN COURT) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C. NO.725/2019 FOR THE OFFENCE PUNISHABLE UNDER SECTION 354-A(1), 504, 507, 509 R/ SECTION 34 OF IPC AND UNDER SECTION 67-A OF INFORMATION TECHNOLOGY ACT, ARISED OUT OF CRIME NO.442/2019 REGISTERED AT FIRST RESPONDENT ON THE COMPLAINAT OF SECOND RESPONDENT WHICH IS PENDING ON THE FILE OF THE LEARNED I ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BENGALURU AND ETC., THIS PETITION IS COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER In the instant petition petitioner has prayed for the following relief:
Wherefore, the petitioner above named humbly prays that this Hon’ble Court be pleased to quash the entire charge sheet in C.C. No.725/2019 for the offences punishable under Sections 354A(1), 504, 507, 509 r/w Section 34 of Indian Penal Code and under Section 67A of Information Technology Act, arised out of Crime No.442/2019 registered at first the respondent on the complaint of second respondent, which is pending on the file of learned I Additional Chief Metropolitan Magistrate at Benglauru or pass such consequential orders deems fit and proper by this Hon’ble Court, in the ends of justice.
2. Petitioner and 2nd respondent known each of other which has resulted in intimacy. In this backdrop, there was certain difference of opinion which has resulted in filing of O.S. No.7996/2018 on the file of Additional City Civil and Sessions Judge (CCH-38), at Bengaluru and filing of complaint against the petitioner by the 2nd respondent for the offence punishable under Sections 354(A)(1), 427, 504, 507, 509, 109, 34 of IPC and 67(A) of Information Technology Act, 2008.
3. During pendency of the aforesaid matters parties have entered into settlement through mediation in O.S. No.7996/2018. Consequently, settlement of arrangement has been made known in the joint affidavit of the petitioner and the 2nd respondent – complainant wherein it is narrated how they got settled their dispute among themselves in O.S. No.7996/2018 arising out of crime No.442/2018 but wrongly typed as Crime No.412/2019. Accordingly, Crime No.442/2018 is quashed in terms of the joint affidavit.
Criminal petition is allowed.
Sd/- JUDGE BS