IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION No.2972 OF 2018 BETWEEN:
1. SRI. SHARATH KUMAR.S.P. S/O PALANI PRASAD AGED ABOUT 35 YEARS 2. SMT. JAYANTHI W/O PALANI PRASAD AGED ABOUT 55 YEARS 3. SRI. PALANI PRASAD S/O LATE S.N. MADHAVASWAMY AGED ABOUT 62 YEARS 4. SRI. BHARATH KUMAR.S.P. S/O PALANI PRASAD AGED ABOUT 25 YEARS 5. SRI. SHANKARA MURTHY AGED ABOUT 63 YEARS ALL RESIDING AT NO.47 SRI. AMBA NILAYA, 2ND MAIN 2ND CROSS, BSK 5TH STAGE UTTARAHALLI, KENGERI MAIN ROAD BANGALORE-560 061 ... PETITIONERS (BY SHRI. V.B. SHIVA KUMAR, ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH INSPECTOR OF POLICE, ULSOOR GATE WOMEN POLICE STATION, HUDSON CIRCLE BANGALORE-560 002 2. MRS. DHANVI AGED ABOUT 29 YEARS W/O MR. SHARATH KUMAR S.P. R/AT NO.40, 13O/3, 3RD CROSS LEPAKSHI LAYOUT, BANJARA ORCHARDS HORAMAVU, BANGALORE-560 043 ... RESPONDENTS (BY SHRI. S. RACHAIAH, HCGP FOR R1; SHRI. B.S. SRIRAM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN PCR.NO.6768/2016 AND IN CR.NO.69/2016 ON THE FILE OF VI A.C.M.M., BANGALORE.
THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Shri V.B.Shiva Kumar, learned advocate for the petitioners, Shri S.Rachaiah, learned HCGP for the State and Shri B.G.Sriram, learned advocate for respondent No.2.
2. Second respondent is first petitioner’s wife. She has initiated criminal proceedings by filing FIR No.69/2016 on 23.11.2016 in Halasurgate Women Police Station against the petitioners. Subsequently, the parties have settled the dispute in M.C.No.7/2017 on the file of 5th Additional Principal Judge, Family Court, Bangaluru and a decree of divorce has been granted in the said petition.
3. Shri V.B.Shivakumar, learned advocate for the petitioners submits that as per Clauses 5 and 6 of the Memorandum of Settlement entered into between the parties, second respondent-wife has agreed to co-operate for quashing of the proceedings initiated by her by filing F.I.R.No.69/2016.
4. Shri B.G.Sriram, learned advocate for respondent No.2 submits that he has filed a memo dated 09.08.2018 duly signed by second respondent stating that she has no objection to allow this petition.
5. In view of the submissions made by the learned advocates for private parties and in the light of the Memo stating that second respondent has no objection to quash the proceedings, no useful purpose would be served in keeping the proceedings pending. Accordingly, the proceedings pursuant to registration of FIR No.69/2016 (PCR No.6768/2016) pending on the file of the VI Additional Chief Metropolitan Magistrate, Bangalore, are quashed.
Petition is accordingly disposed of. No costs.
Sd/- JUDGE Yn.