Ziaulla T. Azeem and Others vs State of Karnataka and Others

N. Ananda, J.—Petitioners 1 to 4 are present, so also respondent No. 2. Smt. K. Mustafa, learned counsel has filed power for respondent No. 2. The learned Government Pleader appears for respondent No. 1.

Petitioners 1 to 4 (accused 1 to 4) and respondent No. 2 have filed a joint memo reading as hereunder:

"The petitioner Nos. 1 to 4 and the respondent No. 2 named above most respectfully file this joint memo as under:

We submit that the petitioners/accused Nos. 1 to 4 have filed this criminal petition under Section 482 of the Cr.P. Code to quash the charge sheet/proceedings against the petitioners/accused Nos. 1 to 4 in C.C. No. 19535/2013 arising out of the Halasurgate Women Police Station Crime No. 12/2012 for the alleged offence punishable under Sections 498-A, 506 of Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, on the file of the learned VI Addl. Chief Metropolitan Magistrate, Bengaluru, which was registered on the basis of the complaint lodged by the respondent No. 2. The averments made in the said petition may kindly be read as part and parcel of this joint memo to avoid the repetition.

We submit that at the instance of elders and well-wishers the petitioners and respondent No. 2 settled their disputes amicably and the petitioner No. 1 and the respondent No. 2 are living together and they are leading happy marital life since 01.12.2014. Consequently, the petitioners and the respondent No. 2 have settled all their difference, litigations and claims against each other. The respondent No. 2 is living separately along with the petitioner No. 1 and she is no way concerned or connected with the petitioner Nos. 2, 3 and 4.

In view of the settlement arrived between the parties, the respondent No. 2 agreed to approach and withdraw the proceedings against the petitioner Nos. 1 and 2 initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 with its C.Misc. No. 2/2012 on the file of the Hon''ble Metropolitan Magistrate Traffic Court - I, Mayo Hall, Bengaluru.

In view of the settlement arrived between the parties, the parties agreed to approach this Hon''ble Court to quash the proceedings against the petitioners in C.C. No. 19535/2013 arising out of Halasurgate Women Police Station Crime No. 12/2012 for the alleged offence punishable under Section 498-A, 506 of Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, on the file of learned VI Addl. Chief Metropolitan Magistrate, Bengaluru.

The petitioners submit that in view of the settlement arrived at between the parties and in view of the fact that the petitioner No. 1 and the respondent No. 2 are leading happy marital life, the charge sheet/proceedings against the petitioners/accused Nos. 1 to 4 is liable to be quashed in exercise of the powers under Section 482 of the Criminal Procedure Code.

We submit that the dispute is basically matrimonial in nature and the parties have resolved their entire dispute out of their free will without any force or duress. Hence, it is just and necessary to quash the charge sheet filed against the petitioners.

We submit that the matter is settled out of court and the respondent No. 2 has no objection to quash the charge sheet/proceedings against the petitioners.

We submit that the matter is purely private, personal and matrimonial in nature and the petitioner No. 1 and respondent No. 2 are living together. In order to facilitate them to live happily and move on in the life, it is just and necessary to quash the charge sheet/proceedings by exercising the powers under Section 482 of Cr.P.C. as held by the Hon''ble Supreme Court in the matter of Gian Singh Vs. State of Punjab and Another, ) and in the matter of Jitendra Raghuvanshi and Others Vs. Babita Raghuvanshi and Another, .

Wherefore, the petitioner Nos. 1 to 4 and the respondent No. 2 most respectfully pray that this Hon''ble Court may be pleased to quash the charge sheet/proceedings against the petitioners/accused Nos. 1 to 4 in the C.C. No. 19535/2013 arising out of the Halasurgate Women Police Station Crime No. 12/2012 for the alleged offence punishable under Section 498-A, 506 of Indian Penal Code and Section 3 and 4 of the Dowry Prohibition Act, on the file of the learned VI Addl. Chief Metropolitan Magistrate, Bengaluru, in the interest of justice and equity."

Petitioner No. 1 (husband) and respondent No. 2 (wife) would submit that they have reunited. Petitioners 2 to 4 would submit that they would extend all their co-operation for the happy marital life of petitioner No. 1 and respondent No. 2 and they will not interfere with their affairs. In view of the settlement of the matrimonial dispute between the parties, the impugned proceedings pending trial for offences punishable under Sections 498A and 506 IPC and Sections 3 and 4 of Dowry Prohibition Act, are quashed. The petition is allowed.