IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.64 OF 2019 BETWEEN:
1. SRI NIKHIL B. SHETTY S/O BHASKAR SHETTY AGED ABOUT 32 YEARS 2. SRI BHASKAR SHETTY S/O LATE NARAYAN SHETTY AGED ABOUT 66 YEARS 3. SMT. SHALINI B. SHETTY W/O BHASKAR SHETTY AGED ABOUT 55 YEARS PETITIONERS NO.1 TO 3 ARE RESIDING AT MULHITHILU, MANGALORE CITY D.K. – 575 001 … PETITIONERS (BY SHRI M. ARUNA SHYAM, ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH MANGALORE SOUTH PS REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001 2. SMT. MAHALAKSHMI SHETTY AGED ABOUT 38 YEARS D/O UMESH SHETTY #KAVERI APARTMENT, 1ST FLOOR JEPPU MARKET ROAD BEHIND MANGALA ARTS MANGALORE, D.K. – 575 002 ... RESPONDENTS (BY SHRI S.RACHAIAH, HCGP FOR R.1 SHRI M. VIKAS, ADVOCATE FOR R.2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME NO.287/2018 ON THE FILE OF THE MANGALORE SOUTH P.S., (HON’BLE COURT OF II JMFC, MANGALORE) FOR THE ALLEGED OFFENCES P/U/S 417, 420 R/W 34 OF IPC AND ALL FURTHER PROCEEDINGS THERETO.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri M. Aruna Shyam, learned advocate for the petitioners, Shri S. Rachaiah, learned HCGP for the State and Shri M. Vikas, learned advocate for respondent No.2.
2. Respondent No.2 filed FIR No.287/2018 on 26.12.2018 in Mangaluru South Police station under Sections 417 & 420 read with Section 34 of IPC alleging that petitioner No.1 had promised to marry her and subsequently refused to do so. Petitioners No.2 and 3 are parents of petitioner No.1.
3. Learned advocates for the petitioners and respondent No.2 jointly submit that the parties have settled the dispute amicably. Accordingly, they have filed a Memorandum of Settlement and affidavit of petitioner No.1 and respondent no.2. They pray that this petition be disposed of in terms of settlement stated in the Memorandum of Settlement.
4. Parties are present before the Court and they are identified by their respective advocates. They admit the terms of settlement stated in the Memorandum of Settlement. The same is lawful and hence accepted, which reads as follows:
“MEMORANDUM OF SETTLEMENT/COMPROMISE PETITION FILED UNDER SECTION 320 R/W SECTION 482 OF CRIMINAL PROCEDURE CODE FOR COMPOUNDING AND COMPROMISE 1. In the above Criminal Petition the Petitioners are seeking quashing of the F.I.R and Complaint in Crime No.0287/2018 registered by the Mangalore South PS for the alleged offences punishable u/s 417, 420 r/w 34 of I.P.C. and entire proceedings, in the ends of justice.
2. It is submitted that, the Petitioners in the present Criminal Petition and the Respondent No.2, have settled their intersay mis-understanding and dispute with the intervention and advices of well-wishers and elderly members of their families. The parties have settled their dispute and no longer intend to pursue the proceedings challenged in the above Criminal Petition. The Respondent No.2, the de-facto complainant is present before this Hon’ble Court and is filing an Affidavit in support of this joint Compromise Petition/Memo requests and gives her no objection for quashing of the entire proceedings as prayed for, in order to secure the ends of justice and to prevent the abuse of process of law. There is a need for allowing the above Petition as prayed for. The I.D. proof of the Petitioners No.1 to 3 and second Respondent is produced along with this memorandum. The same may be taken on record.
WHEREFORE, this Hon’ble Court may kindly be pleased to permit the Petitioner No.1 to 3 and Respondent No.2 to compound/compromise in the above proceedings and accordingly quash the F.I.R and Complaint in Crime No.0287/2018 registered by the Mangalore South PS for the alleged offences punishable u/s 417, 420 r/w 34 of I.P.C. and entire proceedings, in the ends of justice.” (sic) 5. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings pursuant to registration of FIR No.287/2018 pending on the file of JMFC 2nd Court, Mangalore, are quashed.
6. Petition is accordingly disposed of. No costs.
Sd/- JUDGE AV