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2018 DIGILAW 1027 (KAR)

Deepak Udayashankar v. State by Kodigehalli P. S. , Rep. by State Public Prosecutor

2018-10-05

P.S.DINESH KUMAR

body2018
ORDER : 1. Heard Shri S. Nagesh, learned advocate for the petitioners and Shri S. Rachaiah, learned HCGP for the State and Shri Hemanth Kumar D, learned advocate for respondent No.2. 2. The petitioners in this petition are seeking to quash the proceedings in C.C.No.17780/2016 pending before the Magistrate Court, arising out of the matrimonial dispute wherein, the wife has filed a complaint alleging commission of offences under Section 498(A) and 504 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act. 3. Both learned advocates submit that the parties have settled the dispute amicably and filed their individual affidavits of even date. They pray that this petition be disposed of in terms of settlement recorded in the affidavits. 4. Petitioner No.1-husband and respondent No.2-wife are present. Petitioner No.2 is mother of petitioner No.1 and she is permitted to be represented by her advocate. Parties are identified by their respective advocates. The affidavits are duly signed by the petitioner No.1, respondent No.2 and their respective advocates. 5. Both petitioners and respondent No.2 admit the sworn statements of their affidavits. The same are lawful and hence accepted. 6. The affidavit filed by respondent No.2- wife reads as follows : AFFIDAVIT OF RESPONDENT NO.2 1. Smt. Iteesa Singh, Aged 28 years, D/o Prahlad Singh, R/at No.433, (Old No.) RZ – 129/73 Street/Galli No.10 East Sagarapur Delhi – 110 046, today at Bangalore, do hereby solemnly affirm and state on oath as follows : 1. I Submit that I am the respondent No.2 in the present petition and the original complainant and I am well conversant with the facts and circumstances of the case, hence I depose accordingly. 2. That the petitioners have filed this present petition seeking to quash the criminal proceedings in C.C. No.17880/2016, pending on the file of Chief Metropolitan Magistrate Bangalore for the offences U/s 498(A), 504 IPC and section 3 and 4 of Dowry Prohibition Act, which was registered based on the complaint filed by me against the petitioners. Petitioner No.1 was my husband and petitioner No.2 was my mother-in-law. 3. I submit that, since I am the resident of the address above mentioned. I have filed a petition under Section 13(1) (ia) of Hindu Marriage Act seeking for dissolution of the marriage in HMA No.321/2017 at Principal Judge, Family Court, Patiala House Courts, New Delhi. Petitioner No.1 was my husband and petitioner No.2 was my mother-in-law. 3. I submit that, since I am the resident of the address above mentioned. I have filed a petition under Section 13(1) (ia) of Hindu Marriage Act seeking for dissolution of the marriage in HMA No.321/2017 at Principal Judge, Family Court, Patiala House Courts, New Delhi. Parallely the petitioner No.1 too had filed a petition under section 9 of Hindu Marriage Act seeking for restitution of conjugal rights against me at Family Court, Bangalore and the said case later got transferred to Principal Judge, Family Court, Patiala House Courts, New Delhi. 4. I submit that during this time, upon the intervention of friends and elders of both the families, matter is settled between both of us and a Compromise Agreement is entered in to dated 16.03.2018 and wherein myself and the petitioner No.1 has decided to go apart and also agreed to with draw all the allegations made against each others. I submit that both of us have agreed to cooperate in quashing the case in Crime No.88/2015 on the file of Kodigehalli police, Bangalore which is now C.C. No.17880/2016 pending on the file of Chief Metropolitan Magistrate at Bangalore. 5. I submit that in pursuance of the same, today I am filing this affidavit and swearing to this affidavit stating that I am doing it at my free will. I submit that in pursuance of para 4 of the settlement agreement in the form of joint statements dated 16.03.2018. I submit that criminal proceedings in C.C. No.17880/2016, pending on the file of Chief Metropolitan Magistrate Bangalore for the offences U/s 498(A), 504 IPC and section 3 and 4 of Dowry Prohibition Act, which was registered based on the complaint filed by me against the petitioners, may be quashed. The copy of the Decree sheet along with joint Statement is herewith annexed to this affidavit. What is stated above is true to the best of my knowledge, information and belief.” 7. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C. No.17780/2016 on the file of the Chief Metropolitan Magistrate, Bengaluru, are quashed. 8. Petition disposed of. 9. In view of disposal of the petition, I.A.No.1/2018 for stay does not survive for consideration and the same stands disposed of. No costs.