IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF NOVEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R.DEVDAS CRIMINAL PETITION NO.6453 OF 2017 BETWEEN 1. SRI KODANDARAMA REDDY AGED ABOUT 66 YEARS S/O. LATE NAGAPPA REDDY 2. SRI DAYANANDA K AGED ABOUT 40 YEARS S/O. SRI KODANDARAMA REDDY BOTH ARE RESIDING AT NO.758 FERNS PARADISE, OUTER RING ROAD DODDANEKKUNDI BANGALORE – 560 037. ...PETITIONERS (BY SRI S.SUBHASH, ADVOCATE) AND 1. STATE BY HAL POLICE STATION BANGALORE – 01.
REPRESENTED BY: SPP HIGH COURT OF KARNATAKA BENGALURU.
2. SMT. AMMAYAMMA AGED ABOUT 82 YEARS W/O. LATE NAGAPPA REDDY R/AT NO.196/2, RANJITHADRI NILAYA BALAJI ENCLAVE, 1ST MAIN ROAD 1ST CROSS, DODDANEKKUNDI BENGALURU – 560 037. …RESPONDENTS (BY SRI MAHESH SHETTY, HCGP FOR R1;
SRI MAHABALESHWAR G.L., ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN PCR NO.7673/2017 ON THE FILE OF IV A.C.M.M., BENGALURU AT ANNEXURE-A AND ALL FURTHER ACTIONS.
THIS PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
Learned counsel for the petitioners has filed two memos dated 20.11.2019 & 29.11.2019. It is stated in the memo that the dispute between the parties being in the nature of the civil dispute the same has been settled out of Court.
2. Briefly the case of the complainant/respondent No.2 is that the property belonging to one of her son Sri.Ravindra was being misused by the other children by forming a trust out of the property belonging to the said Ravindra. In this regard, a civil suit was also instituted. However, during the course of the proceedings, the parties arrived at a settlement, and settlement deed dated 08.05.2018 was registered and the same was placed before the Civil Court. Incidentally, the complainant/respondent No.2 also passed away after the settlement deed was executed on 25.06.2018. A copy of the death certificate is also enclosed along with the Memo dated 20.11.2019. In view of the same, it is submitted that the proceedings in PCR No.7673/2017 on the file of the IV Additional Chief Metropolitan Magistrate Court, Bengaluru may be quashed.
3. The learned counsel for the respondent No.2 admits of the above position which was stated by the learned counsel for the petitioners.
4. Subject to all just exceptions, the memos are taken on record.
5. In view of the above, the petition is allowed and all further proceedings in PCR No.7673/2017 on the file of the IV Additional Chief Metropolitan Magistrate Court, Bengaluru is hereby quashed and set aside. It is ordered accordingly.
Sd/- JUDGE KTY.