IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.3241/2016 BETWEEN:
1. SRI PRAKASHA S/O. LATE KEMPEGOWDA AGED ABOUT 39 YEARS R/AT NO.1736, 4TH CROSS HOSAHALLI, MANDYA- 571 401 2. SRI SURYANARAYANA S/O.M.N.RAMALINGA REDDY AGED ABOUT 45 YEARS C/O. M.KALAI SELVI, NO.23 NEAR VEERABADHRESHWARA TEMPLE NAGARAJU COLONY, WHITEFIELD BENGALURU- 560 066 3. SMT.MANJULA W/O. SURYANARAYANA AGED ABOUT 36 YEARS C/O. M.KALAI SELVI, NO.23 NEAR VEERABADHRESHWARA TEMPLE NAGARAJU COLONY, WHITEFIELD BENGALURU- 560 066 4. M.L.NAGESHA S/O. LATE LINGANNA AGED ABOUT 40 YEARS 5. SRI LINGANNA S/O. LATE LINGAIAH AGED ABOUT 67 YEARS 6. SMT.JAYRATHNAMMA W/O. LINGANNA AGED ABOUT 57 YEARS P4 TO P6 ARE R/AT NO.520, SRI VINAYAKA LAYOUT KARASAWADI MAIN ROAD MANDYA TOWN- 571 401 … PETITIONERS (BY SRI N.NANJUNDA SWAMY, ADVOCATE) AND:
1. THE STATE OF KARNATAKA REP. BY MANDYA EAST POLICE STATION MANDYA- 571 401 REP. BY STATE PUBLIC PROSECUTOR 2. SMT.SHEELA @ H.N.GUNA SHEELA W/O. M.L.NAGESHA D/O. NAGALINGAPPA AGED ABOUT 32 YEARS R/AT NO.53, NEAR MARIGUDI TEMPLE 2ND CROSS, HOSAHALLI MANDYA- 571 401 …RESPONDENTS (BY SRI VIJAYAKUMAR MAJAGE, ADDL.SPP FOR R1; SRI BASAVANNA.K.M., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C PRAYING TO QUASH THE ORDER ON INTERLOCUTORY APPLICATION DATED 29.03.2016 PASSED BY THE COURT OF THE PRINCIPAL CIVIL JUDGE & J.M.F.C., MANDYA IN C.C.NO.91/2014 (CRIME No.327/2013 OF MANDYA EAST POLICE STATION).
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Original petitioner Nos.1 to 3 as well as impleaded petitioners are present along with their Counsel Sri N.Nanjunda Swamy.
2. Respondent No.2-Smt.Sheela @ H.N.Guna Sheela and her Counsel Sri Basavanna K.M. and Sri Vijayakumar Majage, learned Additional SPP for respondent No.1 are present.
3. Petitioners and respondent No.2 have filed an application under Section 320 r/w Section 482 of Cr.P.C. seeking leave of the Court to compound the alleged offences punishable under Section 498-A, 323, 114, 506 of IPC r/w Sections 3, 4, 5 & 6 of the Dowry Prohibition Act, 1961. Along with application, a memorandum of settlement entered into between petitioner No.4 (Accused No.1) and respondent No.2 is also enclosed. Clause IX and X of the memorandum of settlement read as under:
“9. The respondent has filed C.C.No.91/2014 pending before JMFC, Mandya. In lieu of this settlement agreement the respondent has agreed to cooperate with the petitioner in closing/quashing the proceedings in C.C.No.91/2014 filed under Section 498-A of IPC.
10. The petitioner has filed Crl.P.No.3241/2016 pending before the Hon’ble High Court of Karnataka, Bengaluru, for stay of the proceedings in C.C.91/2014 pending before JMFC, Mandya. The petitioner has agreed to withdraw the same.”
4. Respondent No.2 and petitioner No.4 (Accused No.1) submit that they have agreed to the terms of the aforesaid memorandum of settlement freely and voluntarily before the Mediation Centre and the terms of the settlement are duly acted upon. In terms of this settlement, respondent No.2 has withdrawn all the allegations made against the petitioners.
5. Having regard to the above facts and circumstances, application filed under Section 320 read with Section 482 of Cr.P.C. is allowed. The parties are permitted to compound the offence. Consequently, the petition is allowed. The proceedings pending against the petitioners in C.C.No.91/2014 on the file of Principal Civil Judge & J.M.F.C., Mandya are hereby quashed.
Sd/- JUDGE KSR