High CourtsSINGLE BENCH(2017) 03 KAR CK 0183

MR CHANDRA MOHAN B A S/O ANANDA RAO vs STATE OF KARNATAKA, THROUGH BASAVESHWARANAGAR POLICE STATION BANGALORE CITY BY THE PUBLIC PROSECUTOR, & ANR.

Karnataka High Court · Decided on 9 March 2017

HON’BLE JUDGES
John Michael Cunha
RESULT
Allowed
CASE NUMBER
204 of 2017

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Judgment

4 paragraphs · 268 words
1.

Petitioner Sri.Chandra Mohan.B.A. is present along with his counsel Sri.P.B.Achappa. Respondent No.2 Smt.Nalini.K.R. is present along with her counsel Sri.S.S.Mahendra. Learned Addl. SPP is also present. Office is directed to show the name of Sri.S.S.Mahendra as representing second respondent in the cause-list.

2.

The parties have presented the certified copy of the memorandum of settlement entered into between the petitioner and respondent No.2 under section 89 of CPC r/w. Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 wherein the parties have resolved their inter se differences and have entered into mutual settlement. In terms of the aforesaid settlement, the petitioner has paid a sum of Rs.15,00,000/- to the second respondent by way of D.D. bearing No.502893 dated 21.2.2017 drawn on ICICI Bank, Rajarajeshwari Nagar Branch, Bengaluru, the receipt of which amount the respondent No.2 hereby admits and acknowledges in full and final settlement towards the maintenance, welfare and wellbeing of the child Samahita. The parties submit that the said agreement has been entered into by them voluntarily, without any force or compulsion and in terms of the said agreement, respondent No.2 submits that she has withdrawn all the allegations made against the petitioner which have given rise to the criminal proceedings in C.C.No.8503/2013 (Cr.No.347/2012).

3.

Prosecution is initiated against the petitioner under section 498-A of Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act, 1961. As the parties have compromised their dispute, there is no impediment to accept the said compromise and quash the criminal proceedings.

Hence, the criminal petition is allowed. The proceedings in C.C.No.8503/2013 (Cr.No.347/2012) are quashed.