Vishnu Vithob Baleri vs Shreelakshmi Vishnu Baleri on 27 July, 2015

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Karnataka High Court

Vishnu Vithob Baleri vs Shreelakshmi Vishnu Baleri on 27 July, 2015

Bench: A.N.Venugopala Gowda

                            1




      IN THE HIGH COURT OF KARNATAKA AT BENGALURU

         DATED THIS THE 27TH DAY OF JULY, 2015

                         BEFORE

     THE HON'BLE MR. JUSTICE A.N.VENUGOPALA GOWDA

            CRIMINAL PETITION NO.4500/2015

BETWEEN:

1.     VISHNU VITHOB BALERI
       S/O VITHOB GOVINDH SHANBHOG
       AGED ABOUT 52 YEARS
       R/AT F-41, 1ST MAIN ROAD,
       2ND CROSS, SHAKAMBARI NAGAR,
       BEL LAYOUT, AJANANAGAR,
       BANGALORE-560 091.

     2. RAJENDRA VITHOB SHANBHOG
        S/O VITHOB GOVINDH SHANBHOG,
        AGED ABOUT 49 YEARS
        R/AT F-182, 4TH STAGE,
        EAST WEST COLLEGE ROAD,
        NEAR SBI BANK,BHARATHNAGAR,
        MAGADI MAIN ROAD,
        BANGALORE-560 091.
                                        ...PETITIONERS

(BY SRI M.K. SANDEEP, FOR
    SRI B.ROOPESHA, ADV.)


AND:

     1. SHREELAKSHMI VISHNU BALERI
        ALIAS SHOBA
        W/O VISHNU BALERI
        AGED ABOUT 42 YEARS
                             2



     C/O GNANESH HASBANEES,
     JAYALAKSHMI APARTMENT, 4TH FLOOR,
     OPP. KODIGEHALLI RAILWAY STATION,
     VIRUPAKSHANAGAR,
     VIDYARANYAPURA POST,
     BANGALORE-560 092.

2.   STATE BY TAVAREKERE POLICE STATION
     BANGALORE RURAL DISRICT
     REPRESENTED BY S.P.P.
     BANGALORE - 562 130.
                                      ... RESPONDENTS

(BY SRI B. VISWESWARAIAH, HCGP FOR R1;
    SRI GIREESHA J.T., ADV. FOR R2)

      THIS CRL.P. IS FILED UNDER S.482 CR.P.C., PRAYING TO
QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST
PETITIONERS     AND      DROP   THE    PROCEEDINGS       IN
C.C.NO.7231/2014 PENDING BEFORE THE C.J.M., BENGALURU
RURAL DISTRICT, BENGALURU.

     THIS CRL.P. COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:

                        ORDER

Due to certain issues, respondent No.1 having lodged a complaint, respondent No.2 registered the FIR, conducted investigation and filed the charge sheet against the petitioners, for the offences punishable under Sections 498-A, 506 r/w 34 IPC. The Chief Judicial Magistrate, Bengaluru Rural District having taken cognizance and issued summons to the petitioners, this petition was filed 3 to quash the proceedings of the case pending in the Court below, on the ground that there is restoration of conjugal rights between petitioner No.1 and respondent No.1.

2. Sri Gireesha J.T., learned advocate, entered appearance for respondent No.1. Learned advocates on both sides filed joint memo, signed by petitioner No.1 and respondent No.1 and submitted that the offences may be compounded.

3. Petitioner No.1 and respondent No.1, are present before court and were identified by their learned advocates. When questioned, respondent No.1 submitted that there being reunion and restitution of conjugal rights, she is not interested in prosecuting the accused in C.C.No.7231/2014. I am convinced that no pressure has been brought on respondent No.1 by the petitioners.

4. As the differences between the spouses have been amicably sorted out and there is reunion, in the interests of justice, the offences can be compounded. 4

In the result, petition is allowed and the entire proceedings of C.C.No.7231/2014, on the file of the Chief Judicial Magistrate, Bengaluru Rural District, Bengaluru, is quashed.

Sd/-

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