Smt. Sapna vs State of Karnataka and Others

C.R. Kumaraswamy, J.—The Petitioner and her counsel are present. Respondent No. 2 is also present before the Court. Joint affidavit of Petitioner and Respondent No. 2 is filed, which reads as under:

We, Smt. Sapna W/o. Babu, aged about 30, R/a No. 241, 1st Block, Rajendranagar, Koramangala, Bangalore-47, and Sri Babu S/o. Sarala, aged about 35, R/a No. 241, 1st Block, Rajendranagar, Koramangala, Bangalore-47, do hereby solemnly affirm and state on oath as follows.

We state that we are the 1st Petitioner and the 2nd Respondent respectfully In the above petition. We are conversant with the facts and circumstances of the above petition. Hence we are deposing here under.

We state that we are legally wedded and the marriage between us was solemnized on 6.1.1999 at E.W.S.quarters, Koramangala, Bangalore.

We state that our marriage was performed in accordance to Hindu Religious rites and we had two children are born to us out of our wed lock.

I Sapna state that I have filed a complaint against the Respondent No. 2 and his family members before the Adugodi Police Station in Grime No. 232/2009 for the offence punishable u/s 498A of the Indian Penal Code in Crime No. 232 of 2009 which is pending before the Court of 2nd Additional Chief Metropolitan Magistrate, Bangalore.

In the circumstances, we have decided to put an end to all the cases on the following conditions:

I Sapna herein further state that I have no objection in this Court quashing Crime No. 232 of 2009 which is pending before the 2nd Additional Chief Metropolitan Magistrate, Bangalore.

I state that since the complaint were lodged due to temperamental difference and implied imputations we have no objection to quash the entire proceedings.

Therefore, we Smt. Sapna W/o. Babu and Sri. Babu S/o. Sarala respectfully prays this Hon''ble Court may be pleased to allow the petition as prayed for in the interest of justice.

The dispute is between the husband and wife and they have settled the matter. In order to encourage the settlement arrived at between the husband and wife and also as it is stated at para-5 of the joint affidavit that the wife has no objection to quash the Crime, in my view, this petition deserves to be allowed.

In the result, I pass the following:

This Criminal Petition is allowed in terms of the joint affidavit filed by the Petitioner and Respondent No. 2. Consequently, Crime No. 232/2009 of Basavanagudi Women Police Station pending on the file of II Addl. CMM; Bangalore, is hereby quashed.