IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.9773/2017 BETWEEN:
SRI CHANDRA SAGAR DUGANI S/O.BASAVARAJA DUGANI, AGED ABOUT 37 YEARS, OCCUPATION: DOCTOR AT U.S.A.
R/AT 1401, BEACON STREET APT., NO.403, BROOKLINE, MA-01446, U.S.A.
REP. BY HIS GPA HOLDER SMT. MANDAKINI DUGGANI, W/O.DR. BASAVARAJ DUGGANI, AGED ABOUT 68 YEARS, OCCUPATION: HOUSEWIFE, R/O. NO.200, G BLOCK, SAHAKARA NAGAR, BENGALURU-560 092 ... PETITIONER (BY SRI. HARSHA M FOR SMT. RASHMI JADHAV, ADV.) AND:
SMT. DEEPA D/O. ISHTALINGAPPA, AGED ABOUT 26 YEARS, R/AT 2ND CROSS, 2ND MAIN, VIDYANAGAR CROSS, HAVERI-581 110 ... RESPONDENT (BY SRI.NORAJJI DEEPAK, ADVOCATE) THIS PETITION IS FILED UNDER 482 CR.P.C. PRAYING TO SETTING ASIDE THE ORDER DATED 23015/2016 ON THE FILE OF THE CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND SUBSEQUENTLY QUASHING THE ENTIRE PROCEEDINGS IN C.C.NO.23015/2016 AGAINST THE PETITIONER.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner, who is accused in C.C.No.23015/2016 has sought for quashing of said proceedings pending on the file of Chief Metropolitan Magistrate, Bengaluru.
2. A memo dated 07.01.2019 has been filed by learned counsel for the petitioner enclosing therewith a memorandum of settlement arrived at between petitioner and respondent herein in W.P.No.12036/2016 whereunder complainant i.e., respondent herein has agreed to withdraw all the pending cases filed by her including C.C.No.23015/2016, which is the subject matter of present criminal petition.
3. Petitioner, who is a resident of United States of America, is represented by his mother as General Power of Attorney Holder. Petitioner and respondent are present before Court and they admit settlement entered into between them on 14.12.2018 in W.P.No.12036/2016. Respondent present before Court also stated that out of her own free will and volition, without any threat, force or coercion she has affixed her signature to the memorandum of settlement and she has agreed to withdraw C.C.No.23015/2016. She also submits that she has no objection for quashing said proceedings. To establish the identity of respondent, photocopy of identity card issued by the statutory authority is produced along with memo. Learned Advocates appearing for the parties have also identified the parties present before Court.
4. In the light of aforestated facts and keeping in mind the principles laid down by the Hon’ble Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioner would not sub-serve the ends of justice and it would be an abuse of process of law. Hence, this Court finds there is no impediment to accept the said memo dated 07.01.2019 and statement made by second respondent herein.
For the reasons aforestated, I proceed to pass the following:
ORDER (i) Criminal petition is hereby allowed.
(ii) Proceedings in C.C.No.23015/2016 pending on the file of Chief Metropolitan Magistrate, Bengaluru, against petitioner for the offence punishable under Section 420 of IPC, is hereby quashed.
(iii) Petitioner is acquitted of the said offence.
SD/- JUDGE DR