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CRL.P No. 8382 of 2022

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 22ND DAY OF SEPTEMBER, 2022

BEFORE

THE HON'BLE MR JUSTICE M.NAGAPRASANNA

CRIMINAL PETITION NO. 8382 OF 2022

BETWEEN:

1.

SENTHIL MAGUDAPATHY

S/O MAGUDAPATHY

AGED ABOUT 32 YEARS

R/AT NO.34, 5TH AVENUE

THIRUVALAUVAR NAGAR

BESANT NAGAR, TAMILNADU

CHENNAI – 600 009.

2.

SELVI M.,

W/O MAGUDAPATHY

AGED ABOUT 55 YEARS

R/AT NO.34, 5TH AVENUE

THIRUVALAUVAR NAGAR

BESANT NAGAR, TAMILNADU

CHENNAI – 600 009.

3.

MAGUDAPATHY

S/O CHINNASWAMY

AGED ABOUT 64 YEARS

R/AT NO.34, 5TH AVENUE

THIRUVALAUVAR NAGAR

BESANT NAGAR, TAMILNADU

CHENNAI – 600 009.

4.

NIVEDITHA M.,

W/O HARIHARA SUDHAN

AGED ABOUT 35 YEARS

Digitally signed by

PADMAVATHI B K

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 8382 of 2022

R/AT NO.34, 5TH AVENUE

THIRUVALAUVAR NAGAR

BESANT NAGAR, TAMILNADU

CHENNAI – 600 009.

…PETITIONERS

(BY SRI. MAMATHA D.N., ADVOCATE)

AND:

1.

STATE OF KARNATAKA

BY BASAVANAGUDI WOMEN P.S

REP BY SPP

HIGH COURT OF KARNATAKA

AT BENGALURU – 01.

2.

SUMITHA THANGAVELU

W/O SENTHIL MAGUDAPATHY

AGED ABOUT 32 YEARS

R/AT NO.2616/2617

8TH ‘A’ MAIN ROAD

BANASHANKARI 2ND STAGE

BENGALURU – 560 070.

…RESPONDENTS

(BY SRI K.S.ABHIJITH, HCGP FOR R1;

SMT.PRIYANKA R., ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482

OF

CR.P.C.,

PRAYING

TO

A.

FIR

REGISTERED

IN

CR.NO.225/2021 BY THE BASAVANAGUDI WOMEN POLICE ON

23.11.2021 ALLEGING FOR THE OFFENCE P/U/S 498A, 506,

120B R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT AGAINST ALL

THE PETITIONERS NO.1, 2, 3, 4 PRODUCED AS ANNEXURE-A.

B.

CHARGE

SHEET

DATED

13.05.2022

FILED

BY

THE

BASAVANAGUDI

WOMEN

POLICE

IN

C.C.NO.14399/2022

BEFORE THE XXXVII ACMM, BANGALORE FOR THE OFFENCE

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CRL.P No. 8382 of 2022

P/U/S 498A, 323, 504, 120B R/W 34 OF IPC AND SEC.3, 4, 6

OF D.P ACT AGAINST ALL THE PETITIONERS NO.1, 2, 3, 4

PRODUCED AS ANNXURE-C.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION

THIS DAY, THE COURT MADE THE FOLLOWING:

The petitioners are before this Court calling in

question proceedings in C.C.No.14399/2022, pending on

the file of the XXXVII Additional Chief Metropolitan

Magistrate,

Bengaluru,

registered

for

the

offences

punishable under Sections 498A, 323, 504, 120B r/w. 34

of the IPC and Sections 3 and 4 of Dowry Prohibition Act,

1961.

2. During the pendency of this petition, the parties to

the

lis

have

settled

the

dispute

amicably

among

themselves and have filed a memorandum of compromise,

in terms of Section 320 of the Cr.P.C. It is submitted by

both the learned counsel that, the couple after arriving at

settlement, are united and are living together.

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3. The memorandum of compromise filed by the

parties, insofar as it is germane for consideration of the

present lis, reads as follows:

“MEMORANDUM

OF

COMPROMISE

PETITION BY WAY OF JOINT MEMO

FILED

UNDER

SECTION

320

OF

CRIMINAL PROCEDURE CODE

“4.

The

petitioners

and

the

2nd

respondent states that, the petitioners have

filed this instant Criminal petition u/s 482 CrPC

praying this Hon'ble Court to quash the FIR dt

23/11/2021 in Cr No 0225/2021 and the

charge

sheet

dt

13/5/2022

for

offences

punishable under sec 498 A,323,504,120(B),

R/w 34 of the IPC AND R/W section 3,4 and 6

of the Dowry Prohibition Act, 1961, before the

XXXVII Additional Chief Metropolitan Magistrate

Court at Bangalore in CC No 14399/2022

against the petitioners herein due to the

reunion between the 1" petitioner and the 2nd

respondent.

5. The petitioners and the 2 respondent

states that, The case No's M.C5552/2021, G &

WC - 316/2021, Crl.Misc - 582/2021 pending

before the IV Addl. Principal Judge, Family

Court at Bangalore which was filed by the 2nd

respondent herein were referred to mediation

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at the Bangalore Mediation centre and the

Petitioner No 1 and the respondent No 2 have

settled their issues in presence of both the

counsels and the mediator and a detailed

Reunion Mediation agreement was drawn at the

BMC. The above cases are disposed as

withdrawn on 2/8/2022.

6. The petitioners and the 2nd respondent

states that, In view of the reunion between the

Petitioner No 1 and the respondent No 2, the

respondent No 2 also withdrawn the Crl .Misc

110/2021 (filed under the Protection of Women

from Domestic Violence Act, before the III

MMTC at Bangalore) by filing appropriate memo

for reunion between the petitioner No 1 and the

respondent No 2. Hence the said case was also

disposed as withdrawn on 3/8/2022.”

In the light of the afore-extracted compromise

petition and that the husband and wife are now living

together happily, I deem it appropriate to terminate the

proceedings initiated against the petitioners for the afore-

quoted offences, as the same are not against the State.

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4. For the aforesaid reasons, I pass the following:

ORDER

(i)

The criminal petition is disposed.

(ii)

The

proceedings

in

C.C.No.14399/2022,

pending on the file of the XXXVII Additional

Chief Metropolitan Magistrate, Bengaluru, stand

quashed.

Sd/-

JUDGE

nvj

List No.: 3 Sl No.: 1

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