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2022 DIGILAW 845 (KAR)

Shambhu Prasad v. State

2022-07-04

M.NAGAPRASANNA

body2022
JUDGMENT 1. The petitioners are before this Court calling in question the proceedings in Crime No.35/2022, pending before the 30th Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Ss. 498A, 312, 377 r/w. 149 of the IPC and Ss. 3 and 4 of the Dowry Prohibition Act, 1961. 2. Learned counsel for the petitioners submits that the complaint narrates the instances that have happened right from 2002-03 and thereon. The husband and the wife have also two children from the wedlock. He would further submit that petitioner No.1 and respondent No.2 have file memorandum of application under Sec. 320 r/w. Sec. 482 of Cr.P.C., joint memo and an affidavit for having settled the dispute among themselves, they are now back and living together. "JOINT MEMO OF THE PETITIONER NO.1 and RESPONDENT NO.2 Xxxxxxxxx 2. The 2nd respondent on 8/2/2022 had lodged complaint against the petitioners for offence punishable under Sec. 3 and 4 of Dowry Prohibition Act, 1961 and Sec. 498A, 312, 377 r/w. 149 of Indian Penal Code 1860. The respondent no.1 police registered F.I.R. in Crime No.35/2022 is pending before the learned XXX Addl. Chief Metropolitan Magistrate Bengaluru for trial. 3. That 1st Petitioner and 2nd respondent resolved their marital disputes and they are living together along with their children at Bangalore. The 2nd respondent has no intention to continue the criminal proceedings against the petitioners. 4. That petitioner no.1 and the 2nd respondent is presenting this Joint Memo along with application seeking leave of this Hon'ble Court to withdraw the complaint in order to resolve the dispute." In the light of the fact that the couple married 21 years ago, have settled the dispute among themselves and are living together with their children as is sworn to in the affidavit, I deem it appropriate to obliterate the proceedings initiated against the petitioners, as the allegations are not against the State. 3. For the aforestated reasons, the following: ORDER i. The Criminal Petition is disposed. ii. The proceedings in Crime No.35/2022, pending before the 30th Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed. I.A.No.1/2022 is disposed, as a consequence.