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2024 Supreme(Online)(Kar) 40843

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF APRIL, 2024 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 5152 OF 2018 BETWEEN:

1. MADHUSUDAN. M AGED ABOUT 36 YEARS S/O LATE MANJUNATH R R/A NO.279, 5TH CROSS 12TH MAIN, 5TH SECTOR HSR LAYOUT, NEAR BDA COMPLEX BENGALURU - 560 102.

2. LAXMIDEVI AGED ABOUT 54 YEARS W/O LATE MANJUNATH R R/A KARAKUCHI VILLAGE LAKKAVALLI HOBLI, TQ:TARIKERE DIST:CHIKKAMAGALURU - 577 227.

Digitally signed by 3. MAHESHA NARAYANAPPA LAKSHMAM MA AGED ABOUT 31 YEARS Location: HIGH S/O LATE MANJUNATH R COURT OF R/A KARAKUCHI VILLAGE KARNATAKA LAKKAVALLI HOBLI, TQ:TARIKERE DIST:CHIKKAMAGALURU -577 227.

4. SMT MAMATHA AGED ABOUT 33 YEARS W/O SRIDHARA, R/A THIMMAIAH STREET KALIDASANAGAR, TARIKERE DIST:CHIKKAMAGALUR - 577 228.

5. SRIDHARA T S AGED ABOUT 45 YEARS S/O SATYANARAYANA M R/A THIMMAIAH STREET KALIDSASANAGAR, TARIKERE DIST:CHIKKAMAGALUR - 577 228 …PETITIONERS (BY SRI. SANTHOSH KUMAR M B., ADVOCATE)

AND:

1. STATE OF KARNATAKA BY LAKKAVALLI POLICE, TARIKERE REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU - 01.

2. SMT CHAITRA K A AGED ABOUT 29 YEARS W/O MADHUSUDAN R/A KARAKUCHI VILLAGE LAKKAVALLI HOBLI, TARIKERE TALUK CHIKKAMAGALUR DISTRICT - 577 227.

…RESPONDENTS (BY SRI.CHANNAPPA ERAPPA, HCGP FOR R1;

SRI.RAVI H.K. ADVOCATE FOR R2., ADVOCATES)

THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR PENDING BEFORE THE COURT OF THE ADDITIONAL CIVIL JUDGE AND JMFC, TARIKERE, CHIKKAMAGALURU ON ITS FILE IN CRIME NO.13/2018, LAKKAVALLI POLICE STATION,FOR THE OFFENCE P/U/S 498A, 323, 504, 149 OF IPC AND SECTION 3,4 OF D.P ACT, AS PER ANNEXURE-C AGAINST THE PETITIONERS AS NOT MAINTAINABLE & ETC.

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

ORDER

1. The petitioners are before this Court seeking for the following reliefs:

"The petitioners most respectfully pray to this Hon'ble Court pleased to, 1.Admit the petition and call for records from the court below on the file of the Additional Civil Judge & JMFC Tarikere, Chikkamagalur on its file in Crime No.13/2018 as per Annexure-C.

II. Quash the FIR in Crime No.13/2018 filed by the Lakkavalli Police, Tarikere for the offense punishable under section 498A, 323 & 504, 149 & SEC 3 & 4 of D.P Act of IPC as per Annexure-C against the petitioners as not maintainable.

III. Pass any such order or direction as this Hon'ble Court deems fit under the facts and circumstances of the case."

2. A memo dated 02.04.2024 has filed signed by the counsel for the petitioners, which reads as under:

"The petitioners most respectfully submits to this Hon'ble Court that the petitioners and the respondent no.2 has resolved all the disputes between themselves amicably and hence the petitioners most respectfully prayer to this Hon'ble Court, please to dispose of the above petition as withdrawn in the interest of justice and equity."

3. Accepting the said memo and submission of the counsel for the petitioners, the petition is dismissed as withdrawn.

4. Pending interlocutory applications, if any, stand disposed of.

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