Sri Aniruddha Rao Vs State by

SMT. VANI R. RAO W/O SRI. RAGHAVENDRA RAO AGED ABOUT 65 YEARS RESIDING AT APRAMEYA NO. 1-134, PALIMAR POST PALIMAR, KAUP TALUK UDUPI DISTRICT 574 112.

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…PETITIONERS

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(BY SRI. V. LAKSHMI KANTHA RAO, ADV.,)

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AND:

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STATE BY EAST ZONE WOMEN POLICE STATION

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HC-KAR

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REP. BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-01.

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SMT. CHAITRA B.S. D/O SHIVAKUMAR R/AT. NO.479, 3^RD CROSS 3^RD D MAIN, R.R. LAYOUT NAGADEVANAHALLI, BENGALURU KARNATAKA-560056.

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…RESPONDENTS (BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 SRI. BASAVARAJ R. BANNUR, ADV., FOR R2)

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THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR, COMPLAINT AND THE CHARGE SHEET AS AGAINST THESE PETITIONERS WHO ARE ACCUSED NO.2 AND 3 IN CR.NO.69/2021 OF EAST ZONE WOMAN P.S. WHICH IS NUMBERED AS C.C.NO.32567/2021 FOR THE OFFENCES PUNISHABLE UNDER DOWRY PROHIBITION ACT, 1961, (U/S.4) AND 494, 506, 498(A), 504, 149, 313, 323, 114, 417 OF IPC PENDING ON THE FILE OF THE XI A.C.J.M AT BENGLAURU IN THE INTEREST OF JUSTICE AND EQUITY.

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CRL. P. NO.13687 OF 2024

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BETWEEN:

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SRI. ANIRUDDHA RAO S/O SRI. RAGHAVENDRA RAO AGED ABOUT 36 YEARS R/AT NO.1/34, APRAMEYA MAIN ROAD PALIMAR, KARNATAKA 574112.

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SRI. ARAVINDA RAO S/O SRI. RAGHAVENDRA RAO AGED ABOUT 38 YEARS R/AT NO 1/34, APRAMEYA MAIN ROAD PALIMAR, KARNATAKA 574112.

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HC-KAR

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SMT. ANUPAMA RAO W/O LAKSHMINARAYANAN D/O SRI. RAGHAVENDRA RAO AGED ABOUT 40 YEARS R/AT NO 4/46, 1ST FLOOR MURUGAN KOVIL STREET DASANAYACKENPATTY, SALEM TAMILNADU 636201.

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SMT. SUNANDA HOLLA W/O SRI. PARAMESHWARA HOLLA AGED ABOUT 67 YEARS R/AT JODUKALLU MANJESHWARA TALUK KASARAGODU 671121.

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SMT. BHAVYASHREE HOLLA W/O SRI ANIRUDDHA RAO AGED ABOUT 32 YEARS R/AT JODUKALLU MANJESHWARA TALUK KASARAGODU 671121.

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…PETITIONERS

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(BY SMT. MANJULA D.G. ADV.,)

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AND:

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STATE BY EAST ZONE WOMEN POLICE STATION REP BY STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560001.

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SMT. CHAITRA B.S. D/O SHIVAKUMAR AGED ABOUT 38 YEARS R/AT NO.479, 3RD CROSS 3^RD D MAIN, R R LAYOUT NAGADEVANAHALLI, BENGALURU

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HC-KAR

KARNATAKA 560056.

…RESPONDENTS

(BY SRI. M.V. ANOOP KUMAR, HCGP FOR R1 SRI. BASAVARAJ R. BANNUR, ADV., FOR R2)

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THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR, COMPLAINT AND THE CHARGE SHEET AS AGAINST THESE PETITIONERS WHO ARE ACCUSED NO.1, 4, 5, 7 AND 8 IN CR.NO.69/2021 OF EAST ZONE WOMAN POLICE STATION WHICH IS NUMBERED AS C.C.NO.32567/2021 FOR THE OFFENCES P/U/S 498A, 506, 504, 494, 149, 313, 323, 114, 417 OF IPC, AND SEC. 4 OF DP ACT, PENDING ON THE FILE OF THE XI ADDL. CHIEF JUDICIAL MAGISTRATE (IN MAYOHALL UNIT) AT BENGALURU IN THE INTEREST OF JUSTICE AND EQUITY.

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THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Petitioners – accused Nos.1 to 4 – husband and his family members are before this Court calling in question proceedings in C.C.No.32567/2021, pending before the XI Additional Chief Judicial Magistrate, Bengaluru, for offences punishable under Sections 498A, 504, 506, 494, 149, 313, 323, 114 and 417 of

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HC-KAR

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the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, in both the petitions.

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Learned counsel for the petitioners – accused and respondent No.2 – complainant, in both the petitions, would in unison submit that the parties to the lis were before the concerned family Court in M.C.No.4412/2022 and during the pendency of these petitions, they have settled their matrimonial dispute amicably by drawing up certain terms and conditions. They have parted their ways and have filed applications – I.A.No.1/2025 in both the petitions seeking permission to compound the offences before this Court.

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The application filed in Crl.P.No.3986/2024 reads as

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follows:

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“1. That the Petitioner and Respondent No.2 submits that the Respondent No.2, she was in a consensual live-in relationship with the Petitioner's son And on that basis, she had registered a FIR before East Zone Women Police Station against Petitioner's son and on petitioners, in Crime No.69/2021 for offence punishable under section 498(A), 504, 506, 494, 114, 417, 323, 149 of IPC and 3 & 4 of DP Act, before 4th ACMM, and the same has been charge sheeted and Numbered as CC No. 32567/2021, which is presently pending before XI ACMM, Mayo Hall Unit, Bengaluru.

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Respondent No.2 also filed another case against Petitioner's son before the Hon'ble 2nd Additional Prl Judge, Family Court in M.C.No.4412/2022 , for the relief of Divorce and during

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the pendency of the said petition, Petitioner's son and Respondent No.2 have settled their dispute and the said case has been Withdrew by respondent No.2 as receiving an amount of Rs.5,00,000/- (Rupees Five Lakhs only) as full and final settlement towards any claims and compensation, and the same has been duly paid by the Petitioner's son by way of Demand draft bearing No.004167, dated.16.01.2025 drawn on Canara Bank, Palimar Branch, Palimar-574112(10129).

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At the time of settlement respondent No.2 agreed as follows:-

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a. to withdraw the CC No.32567/2021 which is now Pending before XI ACIM. Mavo Hall Bengaluru, by appearing before the Hon'ble High Court of Karnataka and cooperate for the quashing of the police complaint filed by her, in Crl.Pet.No.3986/2024 and Crl.Petition No.13687/2024.

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b. That the Petitioner's son (Aniruddha Rao) filed a case against Respondent No.2 in M.C No. 7390/2024, which is pending before 2nd Addl Prl Family Judge, Bengaluru in this regard Respondent No.2. appeared and filed Vakalath and agreed to not to contest further.

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c. That the respondent No.2 undertakes that she shall not claim any legal, financial, or social rights as a wife of the Petitioner's son (Aniruddha Rao) in the future and shall not use his name in any official or personal capacity.

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Accordingly, The parties have mutually resolved their disputes and have agreed to settle the matter amicably on the above said terms and conditions:

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That the Petitioners have filed this petition for seeking challenging the charge sheet and as well as criminal proceedings in CC No.32567/2021 pending in the court of VI ACMM, Bangalore, now pending before XI ACJM, Mayo Hall, Bengaluru, Respondent No.2 hereby have no objection to allow this petition by this Hon'ble court.

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Wherefore the petitioner No.1 & 2 and respondent No.2 herein in view of the settlement humbly prayed that this Hon'ble court may kindly compound the offence U/s 498(A), 504, 506, 494, 114, 417, 323, 149 of IPC and 3 & 4 of DP

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Act and quash the criminal proceedings in CC No.32567/2021, in the interest of justice and equity.”

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3.1. The application filed in Crl.P.No.13687/2024 reads as

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follows:

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“1. That the Petitioner and Respondent No.2 submits that the Respondent No.2, she was in a consensual live-in relationship with the Petitioner No.1 and on that basis, she had registered a FIR before East Zone Women Police Station against Petitioner No.1 and on his family members, (all other petitioners are petitioner No.1’s family members) in Crime No.69/2021 for offence punishable under section 498(A), 504, 506, 494, 114, 417, 323, 149 of IPC and 3 & 4 of DP Act, before 4th ACMM, and the same has been charge sheeted as CC No. 32567/2021, which is presently pending before XI ACMM, Mayo Hall Unit, Bengaluru.

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Respondent No.2 also filed another case against Petitioner No.1 before the Hon'ble 2nd Additional Prl Judge, Family Court in M.C.No.4412/2022 , for the relief of Divorce and during the pendency of the said petition Petitioner No.1 and Respondent No.2 have settled their dispute and the said case has been Withdrew by respondent No.2 as receiving an amount of Rs.5,00,000/- (Rupees Five Lakhs only) as full and final settlement towards any claims and compensation, and the same has been duly paid by the Petitioner No.1 by way of Demand draft bearing No.004167, dated 16.01.2025 drawn on Canara Bank, Palimar Branch, Palimar-574112(10129).

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At the time of settlement respondent No.2 agreed as follows:-

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a. to withdraw the CC No.32567/2021 which is now Pending before XI ACIM. Mavo Hall Bengaluru, by appearing before the Hon'ble High Court of Karnataka and cooperate for the quashing of the police complaint filed by her, in Crl.Pet.No.3986/2024 and Crl.Petition No.13687/2024.

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b. That the Petitioner filed a case against Respondent No.2 in M.C No. 7390/2024, which is pending before 2nd Addl Prl Family Judge, Bengaluru in this regard Respondent No.2.

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appeared and filed Vakalath and agreed to not to contest further.

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c. That the respondent No.2 undertakes that she shall not claim any legal, financial, or social rights as a wife of the Petitioner in the future and shall not use his name in any official or personal capacity.

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Accordingly the parties have mutually resolved their disputes and have agreed to settle the matter amicably on the above said terms and conditions:

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That the Petitioners have filed this petition for seeking challenging the charge sheet and as well as criminal proceedings in CC No.32567/2021 pending in the court of VI ACMM, Bangalore, now pending before XI ACJM, Mayo Hall, Bengaluru, Respondent No.2 hereby have no objection to allow this petition by this Hon'ble court.

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Wherefore the petitioner No.1, 2, 3, 4 & 5 and respondent No.2 herein in view of the settlement humbly prayed that this Hon'ble court may kindly compound the offence U/s 498(A), 504, 506, 494, 114, 417, 323, 149 of IPC and 3 & 4 of DP Act and quash the criminal proceedings in CC No.32567/2021, in the interest of justice and equity.”

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In the light of the afore-quoted applications, I deem it appropriate to terminate the proceedings against the petitioners as it is a matrimonial dispute and the allegations are not against the State.

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