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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
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