Karnataka High Court
Sri Savikiran S M vs State Of Karnataka on 23 September, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
CRL.P No. 4054 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF SEPTEMBER, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 4054 OF 2022
BETWEEN:
SRI SAVIKIRAN S.M.,
S/O SRI SANJEEV RAO
AGED ABOUT 45 YEARS
RESIDENT AT:# 23-129
R.K.NAGAR, NEAR:RAMACHANDRA THEATRE
MALKAJGIRI, K.V.RANGAREDDY DISTRICT
ANDHRA PRADESH - 500 047.
...PETITIONER
(BY SRI. SHUBHAM N.M., ADVOCATE FOR
SRI SEETHARAMA RAO B.C., ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTED BY HULIMAVU POLICE
Digitally signed by BENGALURU
PADMAVATHI B K
Location: HIGH
REPRESENTED BY
COURT OF HIGH COURT PUBLIC PROSECUTOR
KARNATAKA
BENGALURU - 560 001.
2. SRI PRAKASH B.V.,
S/O SRI K.VENKATESH
AGED ABOUT 52 YEARS
RESIDING AT B-1201
AMODA VALMARK APARTMENT
DODDAKAMMANAHALLI ROAD
-2-
CRL.P No. 4054 of 2022
BENGALURU - 560 083.
...RESPONDENTS
(BY SRI K.S.ABHIJITH, HCGP FOR R1
SRI PRAKASH B.V., RESPONDENT PARTY-IN-PERSON)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE IMPUGNED FIR IN
CR.NO.31/2022 DATED 28.01.2022 REGISTERED BY THE
RESPONDENT NO.1/HULIMAVU POLICE (ANNEXURE-A) AS
AGAINST THE PETITIONER FOR THE ALLEGED OFFENCE P/U/S
120B, 419, 420, 465, 468, 471 OF IPC, PENDING ON THE FILE
OF THE HONBLE V A.C.M.M., BENGALURU.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioner is before this Court calling in question proceedings in Crime No.31/2022 registered for offences punishable under Sections 120B, 419, 420, 465, 468 and 471 of the IPC pending before the V Additional Chief Metropolitan Magistrate, Bengaluru.
2. During the pendency of this petition, the parties to the lis have arrived at a settlement before the family Court in M.C.No.4303/2017 and a copy of compromise petition filed under Order 23 Rule 3 of the CPC and also a Memo filed by -3- CRL.P No. 4054 of 2022 respondent No.2/complainant seeking to withdraw the complaint are filed before this Court.
3. The relevant paragraphs of compromise petition read as follows:
".... .... ....
2. The Respondent No.1 has agreed to return back, by way of cheque, all the maintenance amount of Rs.2,56,581/- which was paid to her by Petitioner. The said cheque will be in favour of Prakash Bangalore Venkatesh, dated 31-Dec-2022, will be handed over to Petitioner before reporting settlement in the above matter before this Ho'ble Court.
.... .... ....
8. The Petitioner herein has agreed to withdraw the following cases against the Respondents herein before disposing the above case in accordance with the Compromise Petition and getting mutual consent divorce:
a) C.C.4863/2018, pending before the Vth Addl.
Chief Metropolitan Magistrate, Bengaluru.
b) Crime no.31/2022, Arising out of PCR No.22271/2021, pending before the Vth Addl. Chief MetroPolitan, Bengaluru.
c) W.P.6267/2022, pending before the Hon'ble High Court of Karnataka, Bengaluru.
9. That the Petitioner and Respondent No.1 will co-
operate in closing and disposing of all the cases -4- CRL.P No. 4054 of 2022 filed against each other. That both the Petitioner and Respondent No.1 will co-operate to withdraw / get compounded the above said cases pending against each other. In the event, the above said cases cannot be compounded before the Magistrates, the Petitioner and Respondent No.1 agree to get the above said cases quashed before the Hon'ble High Court of Karnataka or Hon'ble High Court of Telengana in appropriate proceedings.
10. It is agreed between Petitioner and Respondent No.1 that they will obtain mutual consent divorce by filing mutual consent petition u/s 13-B of H.M.A. before this Hon'ble Court."
In the light of the terms of the compromise petition, which also recognizes closure of present proceedings, I deem it appropriate to terminate the proceedings against the petitioner, as the same is not against the State.
4. For the aforesaid reasons, I pass the following:
ORDER
(i) The Criminal Petition is disposed.
(ii) The impugned proceedings in Crime No.31/2022 pending on the file of the V Additional Chief -5- CRL.P No. 4054 of 2022 Metropolitan Magistrate Court, Bengaluru, stand quashed.
In view of disposal of the petition, I.A.No.1/2022 stands disposed.
Sd/-
JUDGE BKP List No.: 1 Sl No.: 94