Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:4721 CRL.P No. 2286 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2286 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SMT KALPANA W/O SRI DEVIPRASAD M ALIAS M.N.D. PRASAD
AGED ABOUT 61 YEARS.
2.
SRI DEVAPRASAD M N
ALIAS M.N.D PRASAD
SON OF LATE NANJUNDAIAH H
AGED ABOUT 66 YEARS
1ST AND 2ND PETITIONERS
ARE RESIDING AT NO. 1021
SHIVAKRUPA, TWNETY EIGTH CROSS
SIT BADAVANE, TUMKUR – 572 103.
3.
SMT. LAVANYA M.P
W/O SRI. CHETHAN M
AGED ABOUT 33 YEARS
RESIDING AT MADURYA NILAYA
NEAR BALAJI FOOR WORLD
SIT MAIN ROAD, KUVEMPU NAGAR,
SIR M.V. EXTENSION, 5TH CROSS
TUMKURU – 572 103. …PETITIONERS (BY SRI. AKKI MANJUNATH GOWDA K.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA MYSORE CITY WOMENS POLICE STATION MYSORE REPRESENTED BY STATE PUBLIC PROSECUTOR BANGALORE.
2.
SMT B S MEGHANA D/O SHANTHA MALLESHAPPA
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:4721 CRL.P No. 2286 of 2024
AGED ABOUT 30 YEARS, RESIDING AT NO 795, 12TH MAIN ROAD
14TH CROSS ROAD, SARASWATHIPURAM
MYSORE – 570 009. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 SRI. KIRAN KUMAR.D.K, ADVOCATE)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIR IN CR.NO.17/2024 REGISTERED IN MYSURU WOMEN POLICE STATION AGAINST THE PETITIONER/ACCUSED FOR THE OFFENCE P/US.498-A R/W SEC.34 OF IPC R/W SEC.4 OF DP ACT PENDING ON THE FILE OF THE VII ADDITIONAL CIVIL JUDGE (Jr.Dn.) AND JMFC AT MYSURU AGAINST THE PETITIONER.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER In this petition, petitioners have sought for the following relief:-
“a) To call for records and quash the in FIR in Crime No. 17/2024 Registered in Mysore Women Police Station against the Petitioners/Accused for the offences punishable under Section 498A r/w 34 of IPC read with Section 4 of Dowry Prohibition Act, pending on the file of the VII Additional Civil Judge(Jr.Dn.) & JMFC, at Mysore, against the petitioner. b) And Grant such other reliefs/reliefs as this Hon’ble Court deems fit on the facts and circumstances of the case in the interest of justice.”
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NC: 2025:KHC:4721 CRL.P No. 2286 of 2024
2. Learned counsel for the petitioners – accused Nos. 2 to 4 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 30.01.2025 duly signed by the petitioners and their respective counsel and counsel for 2nd respondent and the same is taken on record. 3. Petitioners – accused Nos. 2 to 4 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:-
“ We, i) SMT. KALPANA P.R. wife of Sri. Deviprasad M alias M.N.D. Prasad, Aged about 61 years, (ii) SRI. DEVIPRASAD M N, alias M N D Prasad Son of Late Nanjundaiah H, Aged about 66 years both are residing at No: 1021, Shivakrupa, Twenty Eighth Cross, SIT Badavane, TUMKUR - 572 103 (iii) SMT. LAVANYA M P Wife of Sri. Chethan M Aged about 33 years Residing at Madurya Nilaya, Near Balaji Food World, SIT Main Road Kuvempu Nagar, Sir M V Extension, Fifth Cross, TUMKUR- 72 103, do hereby solemnly affirm and state on oath as follows;
1. We submit that we are aware of the facts and circumstances of the above petition and we are competent to swear to this affidavit. 2. We submit that, Being aggrieved by the registration of the FIR in Crime No. 17/2024 against the petitioners/ Accused for the offences punishable under Section 498A r/w 34 of IPC read with Section 4 of Dowry
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NC: 2025:KHC:4721 CRL.P No. 2286 of 2024
Prohibition Act, pending on the file of the VII Additional Civil Judge (Jr.Dn) & JMFC, at Mysore, the petitioners have filed the instant Petition to quash the said FIR. 3.
We submit that, The parties have come to a conclusion to resolve the entire disputes between themselves, unconditionally. The matrimonial discord and other issues were amicably settled between the Second Respondent Smt. B.S. Meghana and Son of First and second petitioner one Sri. Vinay M P in 13B petition in M.C.No.1128/2024 before the Prl. Judge, Family Court, Mysuru, posted for argument on 03.02.2025. 4. WHEREFORE, it is humbly prayed that this Hon’ble Court be pleased to Quash the FIR in Crime No. 17/2024 against the Petitioner/s Accused for the offences punishable under Section 498A r/w 34 of IPC read with Section 4 of Dowry prohibition Act, pending on the file of the VII Additional Civil Judge (Jr.Dn.) & JMFC, at Mysore. We the Deponents do hereby declare that what is stated above is true and correct to the best of our knowledge, belief and information and the signatures found in this affidavit are our own.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) Petition is disposed of in terms of the Joint Affidavit dated 30.01.2025.
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NC: 2025:KHC:4721 CRL.P No. 2286 of 2024
(ii) All further proceedings pursuant to FIR in Crime No.17/2024 registered by the 1st respondent – Police for the offences punishable under Section 498-A r/w 34 of IPC and under Section 4 of the D.P.Act, pending on the file of VII Addl.Civil Judge (Jr.Dn) & JMFC, Mysore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE
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