Balaji Singh vs The State of Karnataka and Mamatha Singh

C.R. Kumaraswamy, J.—Petitioner and his counsel are present. Respondent No. 2 is present. Sri. Anil Kumar N.S. learned Counsel files power on behalf of Respondent No. 2.

Joint memo is filed. The affidavits of the Petitioner and Respondent No. 2 are filed. Execution on the joint memo is admitted before the Court.

Learned High Court Government Pleader is directed to take notice on behalf of Respondent No. 1 - State. He submits that suitable order may be passed.

The joint memo of the Petitioner and Respondent No. 2 reads as follows:

It is submitted that Respondent No. 2 had lodged a Crime No. 198/2007 and thereafter Charge sheet was filed in C.C. No. 26931/2007 and came is pending before the Honourable 1st ACMM. This apart the 2nd Respondent had filed a Original Suit seeking injunction in O.S. No. 146/2007 and G and WC 187/2007 seeking custody of children, alongwith Criminal Misc.589/2007 on the file of 3rd Addl. Family Court. Bangalore It is submitted all the above case were disposed off on 19.07.2010.

It is submitted that Petitioner had also filed a MC No. 902/2010 seeking divorce on the files of 2nd Addl. Family Court, Bangalore. It is submitted that due to intervention of the elders and well-wisher all disputes were settlement amicably and accordingly a mediation agreement dated 26.05.2010 was executed. It is submitted that as per the terms and condition of the mediation agreement the Petitioner has paid a sum of Rs. 28,00,000/-(Rupees Twenty Eight Lakh). It is submitted that Rs. 12,00,000/- as alimony to the 2nd Respondent and Rs. 8,00,000/- to each of two minor sons in C. Misc. No. 589/2007 on the file of 3rd Addl. Family Court, Bangalore.

It is submitted 2nd Respondent shall not prosecute the Petitioner and willing to withdraw all allegations in C.C. No. 26931/2007 on the file of 1st ACMM. Bangalore. Hence this memo.

Wherefore, that this Honourable Court may be pleased to allow the petition as prayed for in the interest of justice and equity.

At paragraph No. 3 of the joint memo, it is mentioned that Respondent No. 2 does not want to prosecute the Petitioner and is willing to withdraw all allegations in C.C. No. 26931/2007 pending on the file of I ACMM, Bangalore. This is a dispute between the husband and wife and the matter has been settled between both the parties amicably. In that view of the matter, this Criminal Petition deserves to be allowed.

In the result, I pass the following:

ORDER

(i) This Criminal Petition is allowed in terms of the joint memo dated 25.11.2010.

(ii) Proceedings in C.C. No. 26931/2007 pending on the file of I ACMM, Bangalore is hereby quashed.