Criminal Pisc. allowed to quash FIR based on settlement agreement and withdrawal of objection by complainant.
Criminal petition allowed; the impugned FIR in Crime No. 0034/2022 registered by Magadi Road Police Station stands quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 4302 OF 2023
BETWEEN:
…PETITIONERS
(BY SRI. ANAND MUTTALLI, ADVOCATE)
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
AND:
…RESPONDENTS
(BY SMT. K.P. YASHODA, HCGP FOR R-1; SMT. ASHANANDI M.S., ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE FIR IN CRIME NO.34/2022 (ANNEXURE-A) REGISTERED BY THE 1ST RESPONDENT (MAGADI ROAD POLICE STATION) AGAINST THE PETITIONERS HEREIN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 506, 504, 323, 324 R/W 34 OF IPC PENDING ON THE FILE OF III ADDL.C.M.M., BENGALURU AND ETC.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned High Court Government Pleader accepts notice for the respondent No.1 - State.
the settlement, the marriage of the petitioner No.1 - accused No.1 and the sister-in-law of the respondent No.2 has been dissolved mutually and the respondent No.2 has no objection for quashing the impugned FIR. The application is placed on record.
ORDER
i) Criminal petition is allowed.
ii) The impugned FIR in Crime No.0034/2022 registered by the Magadi Road Police Station stands quashed.
Sd/JUDGE
BKM
2 issues framed by the court
Whether the impugned FIR should be quashed in view of the settlement between the parties.
Whether the continuation of investigation would be an abuse of process of law.
2 provisions across 1 enactments
Mr. Mahaveer Bhandari @ Mahaveer Jain
Mr. Nikhil Bhandari @ Nikhil Kumar I
State of Karnataka
Dinesh Kumar Parmar
Hemant Chandangoudar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
