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Karnataka High Court

Mr Nataraj vs State Of Karnataka on 16 November, 2012

Author: H N Nagamohan Das

Bench: H.N.Nagamohan Das

                         1


IN THE HIGH COURT OF KARNATAKA AT BANGALORE

     DATED THIS THE 16TH DAY OF NOVEMBER, 2012

                     BEFORE

     THE HON'BLE MR.JUSTICE H.N.NAGAMOHAN DAS

         CRIMINAL PETITION NO. 6699/2012

BETWEEN

1.     MR NATARAJ,
       S/O KRISHNAPPA,
       AGED 37 YEARS,
       RESIDENT OF GOPASANDRA VILLAGE,
       ANUGANDANAHALLI POST,
       MULBAGAL TALUK,
       KOLAR DISTRICT - 577 204.

2.     SMT LAKSHAMMA,
       W/O KRISHNAPPA,
       AGED 58 YEARS,
       RESIDENT OF GOPASANDRA VILLAGE,
       ANUGANDANAHALLI POST,
       MULBAGAL TALUK,
       KOLAR DISTRICT - 577 204.

3.     MR KRISHNAPPA,
       S/O LATE BACHEGOWDA,
       AGED 58 YEARS,
       RESIDENT OF GOPASANDRA VILLAGE,
       ANUGANDANAHALLIL POST,
       MULBAGAL TALUK,
       KOLAR DISTRICT - 577 204.
                          2




4.    MR K NAGARAJ,
      S/O KRISHNAPPA,
      AGED 33 YEARS,
      RESIDENT OF GOPASANDRA VILLAGE,
      ANUGANDANAHALLIL POST,
      MULBAGAL TALUK,
      KOLAR DISTRICT - 577 204.  .....PETITIONERS

(BY SRI. P PRASANNAKUMAR, ADV)

AND

1.    STATE OF KARNATAKA,
      BY J.C. NAGAR POLICE STATION,
      BANGALORE CITY,
      BANGALORE
      REPRESENTED BY STATE
      PUBLIC PROSECUTOR,
      HIGH COURT BUILDING,
      BANGALORE - 560 001.

2.    SMT MARY BASILICA,
      W/O SRI NATARAJ,
      NOW RESIDING AT
      RESIDENT OF GOPASANDRA VILLAGE,
      ANUGANDANAHALLI POST,
      MULBAGAL TALUK,
      KOLAR DISTRICT - 577 204. ....RESPONDENTS

(BY SRI. Y P SRIRANGA PRASAD, ADV)

      THIS CRL.P. IS FILED U/S 482 OF CR.P.C BY THE

ADOVCATE FOR THE PTRS PRAYING TO QUASH THE

ORDER DATED 28.10.2010 PASSED BY THE VIII
                                 3


A.C.M.M., BANGALORE IN C.C.NO.45662/2010 AND

CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS

PENDING THEREON.



     THIS CRIMINAL PETITION IS COMING ON FOR

ADMISSION       THIS   DAY,     THE    COURT    MADE   THE

FOLLOWING:



                         ORDER

Petitioners have file this petition to quash the proceedings and the order Dated 28.10.2010 in C.C.No.45662/2010 passed by the VIII Additional Chief Metropolitan Magistrate, Bangalore.

2. Sri. Y.P.Srirangaparasad and Sri.C.Hrishikesh, advocates have filed power for the respondent No.2 and the same is taken on record. 4

3. The petitioner No.1 is the husband of respondent No.2. Petitioner No.1 and the respondent No.2 have filed an application with supporting affidavits under Section 320 of Cr.P.C. to compound the offences and to close the proceedings.

4. Both the parties are present before the Court. The affidavits filed by them are taken on record. Both the parties to admit the execution of compromise petition, affidavits and the contents contained therein. In terms of the compromise petition both the parties submit that they are residing together under one roof. The dispute between them settled by the intervention of well- wishers. Therefore, they pray to permit them to compound the offences and to quash the proceedings. For the reasons stated above the following: 5

ORDER The petition is hereby allowed. The parties are permitted to compound the offences. Proceedings in C.C.No.45662/2010 are hereby quashed and the charges levelled against the petitioners are hereby dropped.
Sd/-
JUDGE HJ