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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 20^TH DAY OF SEPTEMBER, 2021

BEFORE

THE HON’BLE MR. JUSTICE SREENIVAS HARISH KUMAR

CRIMINAL PETITION No.6526 OF 2021

BETWEEN

1.

Munegowda,

S/o Munishamappa,

Aged about 50 years,

No.189, 1^st Floor, 25^th Main,

23^rd Cross, Judicial Layout,

GKVK Bengaluru North,

Bengaluru-560065.

2.

Eramma,

W/o Munishamappa,

Aged about 71 years,

No.189, 1^st Floor, 25^th Main,

23^rd Cross, Judicial Layout,

GKVK Bengaluru North,

Bengaluru-560065.

…Petitioners

(By Sri G.Arun, Advocate)

AND

1.

State by East Zone Women Police Station,

(Previously called as Ulsoor Gate

Women Police Station)

Bengaluru-560064

(Represented by State Public Prosecutor,

High Court Complex, Bengaluru)

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2.

Smt. Pavithra N.,

W/o Munegowda,

Aged about 36 years,

No.05, 13^th Block,

Ananda Rao Police Quarters,

Bengaluru-560020.

…Respondents

(By Sri R.D.Renukaradhya, HCGP for R1;

Sri K.Sachidananda, Advocate)

This Criminal Petition is filed under Section 482

Cr.P.C., praying to quash the entire proceedings and the

charge sheet for the offence punishable under Sections

498A,

506

of

IPC

and

Section

4

of

D.P.Act

in

C.C.No.5976/2016 (arising out of 88/2015) East Zone

Women Police Station, Bengaluru (At Halsoor Gate Women

Police Station) pending on the file of the Hon’ble VI

A.C.M.M., at Bengaluru.

This Criminal Petition coming on for admission, this

day, the Court made the following:

ORDER

This is a petition filed under Section 482 Cr.P.C.

for quashing the proceedings in C.C.No.5976/2016 on

the file of VI Addl.CMM, Bengaluru. The petitioner is

accused no.1 and he is facing trail for the offences

punishable under Section 498A, 506 of IPC and

Section 4 of Dowry Prohibition Act. The 2^nd petitioner

is the mother of the 1^st petitioner.

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2. Heard the petitioners’ counsel, Government

Pleader and counsel for respondent no.2.

3. The allegations found in the charge sheet are

that the petitioners started demanding the 2^nd

respondent for money as he wanted to purchase a

site. When the 2^nd respondent refused, quarrels

started. It is alleged that the petitioner started

harassing the 2^nd respondent physically and mentally

and put life threat to her.

4. The joint affidavit filed by the petitioners and

the 2^nd respondent shows that the 2^nd respondent has

withdrawn all the allegations against the petitioner

and she wants to withdraw the complaint made by her

against the petitioners. The 1^st petitioner and the 2^nd

respondent have also agreed for dissolving their

marriage and already a petition for divorce in

M.C.No.1391/2021 has been filed in the Family Court

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at Bengaluru. Since the dispute is matrimonial in

nature, to put an end to the litigation between the

husband and wife so that they can arrive at a mutual

settlement, jurisdiction under Section 482 Cr.P.C. can

be

exercised

for

quashing

the

proceedings.

Accordingly petition is allowed and the proceedings in

C.C.No.5976/2016 on the file on VI Addl. CMM,

Bengaluru are quashed.

Sd/-

JUDGE

sd