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Judgment
S.R. Krishna Kumar, J
In this petition, the petitioners seek the following relief:
"Wherefore, the petitioners most respectfully pray that this Hon'ble Court kindly allow this Criminal Petition and quash the FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offence p/u/s 498A, 323, 504, 506 and 34 of IPC and u/s 3 and 4 of D.P. Act, pending on the file of Addl. Civil Judge (Jr.Dn.) and JMFC Court, Doddaballapura, in the interest of justice."
All parties along with their respective counsel are physically present before the Court and submit that they are the signatories to the application as well as the joint memo and they accept the terms of settlement arrived at between them.
A perusal of the material on record will indicate that the second respondent/de-facto complainant is the wife of the petitioner No.1/accused No.1, while petitioner No.2 is the mother of petitioner No.1 and Petitioner No.3 is the younger brother of petitioner No.1. The respondent No.2/de-facto complainant instituted the aforesaid proceeding/complaint dated 01.02.2024, against the petitioners for the alleged offences punishable under Sections 498A, 323, 504, 506 read with 34 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
In the meanwhile, the matrimonial proceedings in M.C.No.1708/2025 is also pending before the III Additional Family Court, Bengaluru and it is stated that the matter is posted before the Family Court, today, for reporting settlement.
The petitioners and respondent No.2 have filed an application seeking closure of the present proceedings along with a joint memo, in which they have stated that the present settlement filed before this Court would be subject to closure of the proceeding before the Family Court in M.C.No.1708/2025. The application as well as the joint memo read as under:
"APPLICATION UNDER SECTION 482 OF CR.P.C.
It is submitted that the Petitioner has filed Criminal Petition U/Sec. 482 of Cr.P.C. seeking quashing of FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offences punishable U/Sec. 498(A), 323, 504, 506 & 34 of IPC and U/Sec. 3 & 4 of D.P.Act, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura.
It is submitted that now with the intervention of well wishers and elders the Complainant and Accused, the above case is amicably settled between them and also have decided to dissolve the marriage by way of mutual consent and have filed mutual consent divorce petition in M.C.No.1708/2025 pending before III Addl. Family Court, Bengaluru. The complainant / Respondent No.2 is withdrawing the complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura.
Where that this Hon'ble Court kindly pass necessary orders, compounding the offence and quashing the FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offences punishable U/Sec.498(A), 323 504, 506 & 34 of IPC and U/Sec.3 & 4 of D.P. Act, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura, in the interest of justice and equity."
"JOINT MEMO
It is submitted that the Petitioner has filed Criminal Petition U/Sec. 482 of Cr.P.C. seeking quashing of FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offences punishable U/Sec. 498(A), 323, 504, 506 & 34 of IPC and U/Sec. 3 & 4 of D.P.Act, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura.
It is submitted that now with the intervention of well wishers and elders the Complainant and Accused, the above case is amicably settled between them and also have decided to dissolve the marriage by way of mutual consent and have filed mutual consent divorce petition in M.C.No. 1708/2025 pending before III Addl. Family Court, Bengaluru. The complainant /Respondent No.2 is no more interested in prosecuting the petitioners and withdrawing the complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura.
Where that this Hon'ble Court kindly pass necessary orders, compounding the offence and quashing the FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offences punishable U/Sec.498(A), 323, 504, 506 & 34 of IPC and U/Sec.3 & 4 of D.P. Act, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura, in the interest of justice and equity."
Under these circumstances, in view of the settlement arrived at between the parties, it is just and appropriate to dispose of this petition and quash the impugned proceedings in terms of the joint memo, subject to the parties closing the matrimonial proceedings posted before the Family Court, today at 3:00 p.m.
In the result petition, I pass the following:
ORDER
i. The Criminal Petition is hereby allowed;
ii. The impugned proceedings in FIR/complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, is hereby quashed, subject to the parties reporting settlement in M.C.No.1708/2025, pending before the III Additional Family Court, Bengaluru, which is posted today.