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Karnataka High Court

Sri Dinesh Kumar K B vs The State Of Karnataka on 21 April, 2022

Author: M. Nagaprasanna

Bench: M. Nagaprasanna

                            1



     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

          DATED THIS THE 21ST DAY OF APRIL, 2022

                          BEFORE

       THE HON'BLE MR. JUSTICE M. NAGAPRASANNA

             CRIMINAL PETITION No.9275/2021

BETWEEN

1.   SRI DINESH KUMAR K B
     S/O K T BALASUBRAMANIAN,
     AGED ABOUT 32 YEARS,
     RESIDENT OF NO.002,
     SRI VARI CLASSIC, 2ND CROSS,
     B BLOCK, VINAYAKA NAGAR,
     OLD AIRPORT ROAD,
     BANGALORE - 560017

2.   SRI K T BALA SUBRAMANIAN
     S/O K K THULASIRAM,
     AGED ABOUT 63 YEARS,
     RESIDENT OF 12/21-A
     RAMASWAMY NAIDU STREET,
     OLD MAHALIPATTI ROAD,
     SOUTH VELI STREET,
     MADURAI-625001

3.   SMT SASIKALA K B
     W/O K T BALA SUBRAMANIAN,
     AGED ABOUT 58 YEARS,
     R/OF 12/21-A, RAMASWAMY NAIDU STREET,
     OLD MAHALIPATTI ROAD,
     SOUTH VELI STREET,
     MADURAI-625001
                                             ... PETITIONERS

[BY SRI. A.T. MALLYA, ADVOCATE]
                            2



     AND

1.    THE STATE OF KARNATAKA
      BY JEEVAN BIMA NAGAR POLICE STATION,
      BANGALORE-560037
      REPRESENTED BY THE
      STATE PUBLIC PROSECUTOR,
      KARNATAKA HIGH COURT,
      BANGALORE - 560001

2.    SMT AARRTI T RJ
      W/O DINESH KUMAR,
      AGED ABOUT 30 YEARS,
      RESIDENT OF NO.19,
      VIJAYALAKSHMI NIVAS,
      KARTHIK NAGAR,
      LRDE LAYOUT,
      MARATHAHALLI RING ROAD,
      BANGALORE - 560037
                                             ... RESPONDENTS

[BY SMT. YASHODA K.P., HCGP FOR R1;
    SRI. J. MAHADEVA, ADVOCATE FOR R2]


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE ENTIRE PROCEEDINGS ARISING
OUT OF THE CHARGE SHEET BEARING C.C.NO.24401/2021
(CR.NO.216/2019) DATED 16.09.2021 ON THE FILE OF THE IV
ACMM, BANGALORE FOR THE OFFENCE P/U/S 498A, 406, 420,
504, 506, 34 OF IPC AND SEC.3, 4 OF D.P ACT AS PER ANNEXURE-
D AS AGAINST THE PETITIONERS HEREIN.


      THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
                                       3



                                  ORDER

The petitioners are before this Court calling in question proceedings in C.C.No.24401/2021 registered for offences punishable under Sections 498A, 406, 420, 504, 506 and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.

2. During the pendency of this petition, it transpires that the parties to the lis have settled amongst themselves before the Family Court in M.C.No.707/2022, The memorandum of compromise entered therein, reads as follows:

"k) In view of the settlement arrived between the parties the 1r4 petitioner state that she has filed a criminal case filed under Section 498-A of IPC which is pending before IV ACMM, Bengaluru in C.C.No.24401/2021 (Crime No.216/2019). The 2114 petitioner has challenged the said charge-

sheet before the Hon'ble Court of Karnataka Crl.P.No.9275/2021 and the same is pending adjudication.

l) The Petitioner No.1 has agreed that she will remain present before the Hon'ble Court and facilitate the quashing of the said charge-sheet. 4 After conclusion of Crl.P.No.9275/2021 before the High Court of Karnataka, Bengaluru, the 2"

petitioner will facilitate and cooperate in obtaining the divorce decree."

3. In the light of settlement arrived at between the parties as afore-quoted, I deem it appropriate to terminate the proceedings against the petitioners in the subject petition.

4. For the aforesaid reasons, the following:

ORDER i. Criminal Petition stands disposed.
ii. Proceedings pending in C.C.No.24401/2021 before the IV Additional Chief Metropolitan Magistrate, Bengaluru, against the petitioners stands quashed.
In view of the disposal of the main petition, I.A.No.1/2021 also stands disposed.
Sd/-
JUDGE SJK