IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14th DAY OF FEBRUARY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.5586 OF 2013 Between:
1. Sri. Ramesh, S/o M.S. Krishnappa, Aged about 35 years, R/a No.499, 6th A Cross, 1st Main, Shivapura, Near NTTF, Peenya, Bengaluru-560 058.
2. Smt. Jayamma, W/o Krishnappa, Aged about 56 years, R/at No.499, 6th A Cross, 1st Main, Shivapura, Near NTTF, Peenya, Bengaluru-560 058.
3. Sri Krishnappa, S/o Late Munivenkatappa, Aged about 62 years, R/at No.499, 6th A Cross, 1st Main, Shivapura, Near NTTF, Peenya, Bengaluru-560 058.
4. Smt. Lalitha, W/o Sathish, Aged about 30 years, R/at No.6, Kammasandra, Electronic City, Bengaluru-560 100.
5. Smt. Savitha, W/o Chandrashekar, Aged about 26 years, R/at No.33/1, 12th Main Road, Vijayanagar, Bengaluru-560 040. ... Petitioners (By Sri. Siddamallappa P M, Advocate) And:
1. State of Karnataka, Rep. by Halasoor Gate Women Police Station, Bengaluru – 562 112.
2. Smt. M. Vanitha, Aged about 28 years, W/o K.S. Ramesh, R/at No.791, 7th Cross, 7th Block, BEL Layout, Bengaluru – 562 113. ... Respondents (By Sri.I.S.Pramod Chandra, SPP-II for R1 Sri. Siddharth B. Muchandi, Adv. for R.2.) This Criminal Petition is filed u/s.482 of Cr.P.C praying to quash the criminal prosecution initiated against the petitioners in Crime No.100/2011 which is registered and assigned C.C.No.10125/2012 on the file of the VI - Addl. Chief Metropolitan Magistrate, Bengaluru.
This Criminal petition coming on for Admission, this day, the Court made the following:
O R D E R Petitioner No.1 – Sri. Ramesh and his counsel, Sri. Siddamallappa P.M., respondent No.2 – Smt. M. Vanitha and her counsel, Sri. Siddharth B. Muchandi are present. On behalf of respondent No.1 – State, the learned SPP-II is present.
2. Petitioner No.1 and respondent No.2 have filed a compromise petition duly signed by them and their respective counsels.
3. In the said petition, it is stated that petitioner No.1 had filed a petition in M.C.No.2878/2011 under Section 13(1)(b) of Hindu Marriage Act, on the file of the Principal Judge, Family Court, Bangalore, seeking a decree of divorce against respondent No.2. The said matter was referred to mediation and the parties arrived at a compromise and a memorandum of settlement was entered into, whereby, respondent No.2 agreed to withdraw the complaint filed by her in Crime No.100/2011 pending in C.C.No.10125/2012.
4. Petitioner No.1 and respondent No.2 submit that in terms of the aforesaid settlement, respondent No.2 has withdrawn all the allegations made against petitioner No.1 as well as other petitioners, which has given rise to the proceedings in C.C.No. 10125/2012. The parties reiterate that the terms of the compromise petition are true and voluntary and they have been duly acted upon. In view of the said submission, the presence of petitioners – accused Nos. 2, 3, 4 and 5 is dispensed with.
5. The accusation made against the petitioners are punishable under Sections 498A and 506 of IPC. In view of the aforesaid settlement arrived at between the petitioner No.1 and respondent No.2, the compromise petition is accepted. The petitioners and respondent No.2 are permitted to compromise the alleged offences.
Accordingly, Crl.P. 5586/2013 is allowed.
The proceedings in Crime No.100/2011, pending in C.C.No.10125/2012 on the file of the VI Additional Chief Metropolitan Magistrate, Bangalore, are quashed.
Sd/- JUDGE MGN*