IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.8451/2015 BETWEEN:
SRI. BHARAT SHETTY, S/O BHASKAR SHETTY, AGED ABOUT 38 YEARS, TEAM LEADER, VENTURA SECURITIES LTD., M.G.ROAD, BANGALORE – 1. …PETITIONER (BY SRI.VENKATESH R BHAGAT, ADVOCATE) AND:
1. STATE OF KARNATAKA, REPRESENTED BY SUBRAMANYANAGAR POLICE STATION, BY THE STATE PUBLIC PROSECUTOR.
2. SMT. M.S.DINANKA SHETTY, W/O BHARAT SHETTY, D/O SRI.RAGHU V SHETTY, RESIDING AT #25, GANDHI GRAM, RAGHAVENDRA NILAYA, 1ST MAIN, MARUTI EXTENSION, BANGALORE – 560 021. ... RESPONDENTS (BY SRI.I.S.PRAMOD CHANDRA, SPP II FOR R1; SMT. BHARATHI M., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 05.02.2011 PASSED BY THE VII ADDL. C.M.M., AT BENGALURU IN C.C.NO.4382/2011.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R The petitioner - Sri. Bharat Shetty and his counsel Sri. Venkatesh R. Bhagat and respondent No.2 - Smt. M.S.Dinanka Shetty and her counsel Smt. Bharathi M. are present and Sri. I.S.Pramod Chandra, learned SPP-II is present on behalf of the State.
2. The petitioner and respondent No.2 have filed a joint affidavit duly sworn to by them wherein it is stated that the parties have entered into a mutual settlement before the Mediation Centre as per the memorandum of settlement dated 04.11.2015 in M.C.No.3124/2010. In terms of the said settlement, respondent No.2 has withdrawn all the allegations made against the petitioner herein, which has given rise to the initiation of the criminal case pending on the file of the VII ACMM, Bangalore, in C.C.No.4382/2011. The petitioner as well as the respondent No.2 reiterate that they have entered into the aforesaid settlement as evidenced in the memorandum of settlement dated 04.11.2015. The certified copy of which is produced before this Court at Annexure-E.
3. In the joint affidavit, the parties have sworn that the terms of the said settlement are duly carried out and the entire consideration agreed to be paid by the petitioner amounting to Rs.19,00,000/- (Rupees Nineteen lakhs only) have been paid by the petitioner. The respondent No.2 duly acknowledges the receipt of the said amount and submits that the said compromise is free and voluntary and requests the Court to accept the settlement and to quash the proceedings initiated against the petitioner.
4. The submission of the respective parties is placed on record. The joint affidavit sworn to by the petitioner and respondent No.2 is taken on record.
5. In terms of the said joint affidavit and settlement entered into by the parties in M.C.No.3124/2010, the parties are permitted to compound the offence.
6. The petition is allowed. The proceedings pending on the file of the VII ACMM, Bangalore, in C.C.No.4382/2011 for the offences punishable under Section 498(A) of IPC and Sections 3 and 4 of the D.P. Act are hereby quashed.
Sd/- JUDGE TL