Karnataka High Court
Mr. M. Venkatesh vs The State Of Karnataka on 23 October, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
-1-
NC: 2024:KHC:42531
CRL.P No. 8903 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 8903 OF 2024
BETWEEN:
MR. M.VENKATESH
AGED ABOUT 59 YEARS
S/O LATE MUNIYAPPA REDDY
R/AT NO.263/1, 'SRI SAI RAM NILAYA'
12TH MAIN, MARUTHI NAGAR
NEW THIPPASANDRA POST
BENGALURU - 560 075.
...PETITIONER
(BY SMT. JYOTHI BHAT R., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY BYAPPANAHALLI POLICE
Digitally signed BENGALURU CITY
by NAGAVENI
Location: HIGH REPRESENTED BY SPP OFFICE
COURT OF
KARNATAKA HIGH COURT BUILDING
DR. AMBEDKAR VEEDHI
BENGALURU - 560 001.
2. SMT. PADMAVATHI
D/O MR. OBALAPPA
AGED ABOUT 44 YEARS
RESIDING AT NO.263/1
MARUTHI NAGAR
12TH MAIN ROAD
MALLESH PALYA EXT NEW
-2-
NC: 2024:KHC:42531
CRL.P No. 8903 of 2024
TIPPASANDRA POST
HAL 2ND STAGE
BENGALURU - 560 075.
...RESPONDENTS
(BY SRI RANGASWAMY R., HCGP FOR R1;
SRI OM SHANDILYA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF THE CR.P.C (FILED U/S
528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.57053/2017 (ARISING OUT OF CR.NO.210/2016 OF
BYAPPANAHALLI POLICE STATION) PENDING ON THE FILE OF X
ADDL. CMM, MAYO HALL, BENGALURU, FOR THE OFFENCE
P/U/S 326, 498A OF IPC (ANNEXURE-A).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question
proceedings in C.C.No.57053/2017, pending before the X
Additional Chief Metropolitan Magistrate, Mayo Hall, Bengaluru,
for the offences under Sections 326 and 498A of the IPC.
2. Learned counsel for the petitioner and respondent No.2
in unison would submit that the parties to the lis were before
the family Court in M.C.No.3909/2020 and the concerned
family Court has passed the judgment on 13.06.2024 granting
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decree of divorce in the aforesaid petition. Now the couple
have parted their ways after obtaining the decree of divorce. It
is also their submission that during the pendency of this
petition, the parties have settled the dispute amicably among
themselves and respondent No.2 on her own will has agreed to
withdraw the impugned proceedings. A joint affidavit of both
the parties is filed before this Court to that effect. One of the
conditions of the settlement is closure of the impugned
proceedings.
3. The joint affidavit reads as follows:
"1. We state that we are the petitioner No.1 and the
Respondent No2 respectively in the above petition
and we are well conversant with the facts of the case,
hence we are jointly swearing to this affidavit.
2. For the sake of brevity, we may be referred to as
petitioner No.1 and Respondent No.2, in this
affidavit.
3. We state that we have executed a Memorandum of
Settlement Agreement under Section 89 of Code of
the Civil Procedure read with Rules 24 and 25 of the
Karnataka Civil Procedure (Mediation) Rules 2005 in
MC No. 3909/2020, on 13/06/2024 at the Karnataka
Mediation Centre Bangalore. The Hon'ble Family
Court passed a judgement and decree of divorce
based on the settlement agreement between the
Petitioner and the Respondent No.2 on 13/06/2024.
4. I the 2nd Respondent state that, I agreed and
consented to Co-operate with the Petitioner in
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seeking the quashing of the proceedings in C.C.
57053/2017 pending on the file of Hon'ble X Addl.
Chief Metropolitan Magistrate, Mayo Hall, At
Bengaluru, as per the Settlement Agreement on
13/06/2024, in MC No.3909/2020, executed before
the Karnataka Mediation Centre Bangalore.
5. I the 2nd Respondent further state that I have no
objection in whatsoever manner to allow this Criminal
Petition as prayed for, in the changed circumstances,
as I am not interested in prosecuting the criminal
case In C.C.No.57053/2017 (arising out of
CR.No.210/2016 of Byappanahalli Police Station)
pending on the file of X Addl. Chief Metropolitan
Magistrate, Mayo Hall, Bengaluru, against the
Petitioner.
6. We state that the reasons mentioned above, the
proceedings in C.C.No.57053/2017 (arising out is
noto.210/2016 of Byappanahalli Police Station)
pending on the file of X Addl. Chief Metropolitan
Magistrate, Mayo Hall, Bengaluru, against the
petitioner is not quashed, it would be futile exercise
of wasting the precious time before the trial court
and it would not meet the ends of justice.
WHEREFORE, we crave the leave of this Hon'ble court to
permit us to compromise/compound, thereby allowing this
Criminal Petition in its entirety and by quashing the entire
proceeding in C.C.No.57053/2017 (arising out of
CR.No.210/2016 of Byappanahalli Police Station) pending
on the file of X Addl. Chief Metropolitan Magistrate, Mayo
Hall, Bengaluru, (Annexure-A) for the offence punishable
under Section 326, 498A of IPC, in the interest of justice."
Though the offence alleged against the petitioner in the
case at hand inter alia which is one punishable under Section
498A of the IPC, is non-compoundable, since it is a matrimonial
dispute between the parties and the allegations are not against
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the State, I deem it appropriate to accept the joint affidavit and
terminate the proceedings against the petitioner.
4. For the aforesaid reasons, I pass the following:
ORDER
(i) The criminal petition is disposed.
(ii) The proceedings in C.C.No.57053/2017, pending
before the X Additional Chief Metropolitan
Magistrate, Mayo Hall, Bengaluru, stand quashed.
I.A.No.1/2024 stands disposed, as a consequence.
Sd/-
(M.NAGAPRASANNA)
JUDGE
NVJ
CT:SS
