IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.1144/2013 BETWEEN:
1. SMT. SUNANDA D/O.THIMMARAYAPPA AGED ABOUT 32 YEARS C/O.JANADANI MOHAN KUMAR NO.1310-1412 OPPOSITE SPEED MOTORS BIDADI MAIN ROAD BANGALORE 560 072.
2. NARAYANASWAMY S/O.THIMARAYAPPA AGED ABOUT 35 YEARS C/O. JANADANI MOHAN KUMAR NO.1310-1412 OPPOSITE SPEED MOTORS BIDADI MAIN ROAD BANGALORE 560 072.
3. DR.T.JAGANNATHA S/O.THIMMAIAH AGED ABOUT 53 YEARS ADMINISTRATIVE OFFICER DEVARAJ URS BACKWARD CLASS DEVELOPMENT CORPORATION OFF MILLER’S ROAD BEHIND DR.AMBEDKAR BHAVAN VASANTHANAGAR,BANGALORE.
4. DR.MARUTHI S/O.ISMALAPPA AGED ABOUT 55 YEARS RESIDING AT NO.12 I.S.E.C., NAGARABHAVI BANGALORE 560 072. ... PETITIONERS (BY SRI RAHUL P., ADV. ) AND:
1. STATE BY BIDADI POLICE BANGALORE REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE 560 051.
2. SMT BHAGYALAKSHMAMMA AGEED ABOUT 46 YEARS, W/O. DR. T.H. MURTHY R/AT NO.5-A, NAGADEVANAHALLI, 80 FEET RING ROAD, KENGERI, BANGALORE-560 056 .. RESPONDENTS (BY SRI DEEPAK J.,ADV., SRI NASRULLA KHAN, HCGP FOR R1, SRI CHIKKAVENKATAIAH, ADV.FOR R2) THIS CRL.P FILED U/S.482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.4428/2011 ON THE FILE OF C.J.M., BANGALORE FOR THE OFFENCES P/U/S 494,109 AND 114 R/W 34 OF IPC.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Learned counsel for the petitioners has filed a memo in connected Crl.P.No.2115/2014 along with the certified copy of the order sheet in Criminal Revision Petition No.80/12. It is submitted that respondent and the petitioners herein have entered into a compromise in the said Criminal Revision Petition No.80/12 whereunder, the respondent has agreed to withdraw all the cases pending against the petitioners herein and the said compromise memo was accepted by the revisional Court and the proceedings in CC No.144/11 were closed.
2. The learned counsel further submitted that before necessary steps could be taken by the respondent to withdraw the complaint in the instant case, respondent- complainant died on 2.5.2014. In proof of this submission, a copy of the death certificate is also enclosed.
3. The learned HCGP does not dispute the fact that the respondent and the petitioners herein have entered into a compromise as reflected in the compromise memo dated 15.3.2014 in Criminal Revision Petition No.80/12 wherein the respondent has agreed to withdraw all the cases instituted against the petitioners. In view of the said compromise, the learned counsel for respondent No.2 and the petitioners have no objection to allow the petition in terms of the aforesaid compromise.
4. Submissions made by the learned counsels appearing for the parties is placed on record. Consequently petition is allowed. Proceedings pending against the petitioner in CC No.4428/2011 on the file of C.J.M., Bangalore Rural District, Bangalore for the offences punishable under Sections 494, 109, 114 R/w.34 of IPC, are hereby quashed.
Sd/- JUDGE Sk/- CT-HR