Karnataka High Court
Mr Avijeeth Alagathi vs State Of Karnataka on 29 May, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 8720 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 29TH DAY OF MAY, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 8720 OF 2021
BETWEEN:
1. MR. AVIJEETH ALAGATHI
S/O A.T.KESAVAN,
AGED ABOUT 33 YEARS,
R/AT NO.354, 1ST CROSS
NEAR AMBEDKAR PARK, 8TH BLOCK
KORAMANGALA
BENGALURU - 560 095.
ALSO AT:
NO.A2, 602, NETHRAVATHI BLOCK
NATIONAL GAMES VILLAGE COMPLEX
BENGALURU - 560 042.
Digitally signed by
PADMAVATHI B K 2. MR. DEVI PRASAD BISWAL
Location: HIGH S/O GOURI PRASAD BISWAL
COURT OF
KARNATAKA AGED ABOUT 34 YEARS
AT NO.345, 1ST CROSS
NEAR AMBEDKAR PARK
8TH BLOCK, KORAMANGALA
BENGALURU - 560 095.
ALSO AT:
NO.401, KEERTHI ORNATA
VARTHUR ROAD
BENNIGANAHALLI
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CRL.P No. 8720 of 2021
BENGALURU - 37.
...PETITIONERS
(BY SMT. MAITHREYI BHAT, ADVOCATE FOR
SRI ARJUN RAO, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH HSR LAYOUT
POLICE STATION, AT NO.60,
27TH MAIN ROAD, SECTOR 1,
NEAR DESIGN SHOP, HSR LAYOUT,
BENGALURU - 560 102.
REPRESENTED BY SPP
2. MR. SIVARAM NARAYANAN
S/O MR. NARAYANAN V
AGED ABOUT 38 YEARS
RESIDING AT FLAT NO.7101
SHOBH DAFFADILLS SOMASUNDAR
PALYA, SECTOR 2 HSR LAYOUT
BENGALURU - 560 102.
ALSO AT:
CULFIT HEALTH CARE PVT. LTD.,
NO.17, AND 17C, BDA,
HSR LAYOUT SECTOR 3,
BENGALURU - 560 102.
...RESPONDENTS
(BY SMT. K.P.YASHODHA., HCGP FOR R-1
SMT. VARSHA HITTINHALLI, ADVOCATE FOR
SRI RAGHUMAN CADAMBRI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN
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CRL.P No. 8720 of 2021
CASE NO.29529/2019 PENDING ON THE FILE OF XXXVII
ADDL.C.M.M., BENGALURU (ANNEXURE-D) AND ETC.,
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners are before this Court calling in question the proceedings in C.C.No.29529 of 2019 for the offences punishable under Sections 504 and 507 of the IPC pending before the XXXVII Additional Chief Metropolitan Magistrate, Bengaluru.
2. During the pendency of the proceedings, the parties to the lis have settled the dispute amongst themselves and accordingly, petitioner No.1 and respondent No.2 have filed a Joint Memo of settlement before this Court. The Joint Memo reads as follows:
"The petitioner and the second respondent humbly submit as follows:
1. The second respondent had filed a criminal complaint against the petitioners under Section 504 and 507 of the IPC. The criminal proceedings arising out of Crime No.264/2019 and proceedings in Case No.29529/2019 pending before Hon'ble XXXVII Addl. Chief Metropolitan Magistrate, Bengaluru have arisen out of the said complaint.-4- CRL.P No. 8720 of 2021
2. After the filing of the complaint, both the parties have settled their dispute, in terms of which the civil suit in O.S.No.5768/2019 has also been withdrawn by the petitioners.
3. The second respondent has no objection to quash the above proceedings as the same will be in the interests of justice and equity.
4. All the allegations against each other made by both parties are hereby withdrawn.
Wherefore, it is humbly prayed that the present Joint Memo may be taken on record and the criminal proceedings arising out of Crime No.264/2019 and proceedings in Case No.29529/2019 pending before Hon'ble XXXVII Addl. Chief Metropolitan Magistrate, Bengaluru may be quashed in the interests of justice and equity."
3. In the light of the offences being the ones punishable under Sections 504 and 507 of the IPC and the parties to the lis having settled the dispute, I deem it appropriate to accept the Joint Memo and close the proceedings against the petitioners.
4. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is disposed.
(ii) The impugned proceedings in C.C.No.29529 of 2019 (Crime No.264 of 2019) pending before the XXXVII -5- CRL.P No. 8720 of 2021 ACMM, Bengaluru stands quashed qua the petitioners.
Sd/-
JUDGE BKP List No.: 1 Sl No.: 139 CT:SS