Karnataka High Court
Ms Gracy Rocky Dias vs The State Of Karnataka on 19 April, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.6940 OF 2020
BETWEEN:
1. MS. GRACY ROCKY DIAS
AGED ABOUT 42 YEARS,
W/O MR. CHARLE VIEGAS,
PLOT NO.7, 9TH CROSS,
SY NO.104/1,
NEAR GULMOHAR PARK,
BEHIND MUKTANGAN VIDYALAYA,
BHAGYANAGAR, AANGOL,
BELGAUM - 590 006.
2. MRS. THERESA FURTADO @ TREZA
W/O LATE MR.ANTONY FURTADO,
AGED ABOUT 55 YEARS,
RESIDING AT HOUSE NO.1693
C/O N.B.KADEMANI,
PLOT NO.1693,
SAI COLNY 1ST CROSS.
B.K.KANGARALLI ROAD,
SHAHUNAGAR,
BELGAUM - 590 006.
3. MRS.VINITHA DIAS
W/O FELIX D'SOUZA,
AGED ABOUT 47 YEARS,
R/A MIG-80
GANESH NAGAR, AMBEWADI,
DANDELI,
UTTAR KARNATAKA - 581 325.
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4. SUKWINDER SINGH @ RONEY SINGH
S/O LATE PRITVIPAL SINGH CHUGH,
R/AT NO.7, 9TH CROSS, SY NO.104/1,
NEAR GULMOHAR PARK,
BEHIND MUKTANGANVIDYALA,
BHAGYANAGAR,
AANG0AL, BELGAUM - 590 006.
... PETITIONERS
(BY SRI R.HEMANTH RAJ, ADVOCATE (PHYSICAL HEARING))
AND:
1. THE STATE OF KARNATAKA
KONANAKUNTE PS,
BENGALURU
REP. BY ITS HCGP
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. SAMIK RANA
S/O SITAL CHANDRA RANA,
AGED ABOUT 32 YEARS,
FLAT NO.003,
SLV COMFORTS APARTMENTS,
KOTHANURU DINNE MAIN ROAD,
K.L.V LAYOUT, NEAR B.K.CIRCLE,
J.P.NAGAR, 8TH PHASE,
HOUSE NO.3,
BENGALURU SOUTH,
BENGALURU - 560 076.
... RESPONDENTS
(BY SRI SHANKAR H.S., HCGP FOR R1;
SRI B.M.HALASWAMY, ADVOCATE FOR R2 (PHYSICAL
HEARING))
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE CHARGE SHEET FILED BY THE
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1st RESPONDENT POLICE IN C.C.NO.16187/2018 BEFORE THE II
ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.16187/2018, pending on the file of the 2nd Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 419, 420, 379 and 506 of the IPC read with Section 120B of the IPC.
2. It is submitted that the parties to the lis were before the civil Court in O.S.No.1342/2017 and the same has ended in a settlement in terms of the settlement concerning the present proceedings. The relevant paragraph of the order terminating the proceedings insofar as the present crime is concerned, read as follows:
"The plaintiff has agreed to withdraw the charges made against the Defendant in Crime No.498/2017, C.C.No.16187/2018 pending before the II Addl. Chief Metropolitan Magistrate, Bangalore and co-operate in getting the 4 criminal case quashed by the Hon'ble High Court, Karnataka."
3. Further, the parties file a joint memo apart from a copy of the settlement, which reads as follows:
"The undersigned counsel submits that the Petitioner No.1 is the wife of Complainant/Respondent No.2 herein. In view of the family and property disputes, Complainant had filed a private complaint against he Accused No.1 to 5. The 1st Respondent Police have filed charge sheet in C.C.No.16187/2018 before the II ADDL. CHIEF METROPOLITAN MAGISTRATES COURT BANGALORE.
The Complainant/Respondent No.2 and the Petitioner No.1 have settled all disputes by way of a compromise before the 29th Additional City Civil Judge Bengaluru in O.S.No.1342/2017.
Hence, in view of the amicable settlement of family dispute, the respondent No.2 / Complainant herein prays to allow the petition and quash the charge sheet filed in C.C.No.16187/2018, in the interest of justice and equity."
In terms of the afore-extracted joint memo and that the parties have arrived at settlement, I deem it appropriate to terminate the proceedings initiated against the petitioners for the afore-quoted offences.
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4. For the aforesaid reasons, I pass the following:
ORDER
(i) The criminal petition is allowed.
(ii) The proceedings in C.C.No.16187/2018, pending on the file of the 2nd Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.
Sd/-
JUDGE nvj CT:MJ