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Judgments of Supreme Court of India and High Courts

Sri Deepesh Kumar Jain vs Smt Sonal Jain on 9 March, 2018

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 9TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE BUDIHAL R.B.

CRIMINAL PETITION No.706/2018

BETWEEN:

1. SRI DEEPESH KUMAR JAIN
S/O MAHESH KUMAR JAIN
AGED ABOUT 31 YEARS,
R/O 2ND FLOOR, 2ND HOUSE
JALDARSHINI LAYOUT
NEW B E L ROAD,
BENGALURU-560054.

2. SRI MAHESH KUMAR JAIN,
S/O BIRDHI CHAND JAIN
AGED ABOUT 60 YEARS,
R/O 2 II B, DEEPVILLA DEEPAK
NAGAR, GITTIKHDAN, KATOLROAD
S.O., NAGPUR
MAHARASHTRA-440013.

3. SMT. ANGOORI JAIN,
W/O MAHESH KUMAR JAIN,
AGED ABOUT 56 YEARS,
R/O 2 II B, DEEPVILLA DEEPAK NAGAR,
GITTIKHDAN, KATOLROAD
S.O, NAGPUR
MAHARASHTRA-440013.
… PETITIONERS

(BY SRI P. P. HEGDE, ADVOCATE)
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AND

1. SMT. SONAL JAIN
D/O SANJEEV CHAUDHARI
AGED ABOUT 30 YEARS,
R/O 505, BAAHUBALI COLONY
NEAR JAIN MANDIR
MOTINAGAR WARD
SAGAR(MP)

2. THE STATE OF KARNATAKA
THROUGH THE INSPECTOR OF POLICE
SANJAY NAGAR POLICE STATION
REPRESENTED BY THE STATE
PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU-560001.
… RESPONDENTS

(BY SRI RAGHUPATHI P.H., ADVOCATE FOR R1;
SRI CHETAN DESAI, HCGP)

*****

THIS CRIMINAL PETITION IS FILED UNDER
SECTION 482 CR.P.C. PRAYING TO QUASH THE
PROCEEDINGS IN CRIME NO.3/2018 OF SANJAY
NAGAR POLICE SATION, UNDER SECTION 3,4 OF
DOWRY PROHIBITION ACT, SECTION 506,498A R/W
34 OF IPC, PENDING ON THE FILE OF 8TH
A.C.M.M., AT BENGALURU.

THIS PETITION COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING :
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ORDER

Learned counsel Sri P.H. Raghupathy filed vakalath

on behalf of respondent No.1-complainant. The same is

taken on record.

2. Petitioners as well as respondent No.1-

complainant are present before the Court. Learned

counsel for the petitioners so also learned counsel for

respondent No.1-complainant are present and they have

identified the parties before the Court. Learned HCGP for

respondent No.2-State is present.

3. The parties have filed a joint memo for

settlement of the matter between themselves. This matter

between the parties is for the alleged offences punishable

under Sections 498A, 506 read with Section 34 of IPC and

also under Sections 3 and 4 of Dowry Prohibition Act.

The joint memo is signed by petitioner No.1, respondent

No.1-complainant and their learned advocates.
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4. In paragraph-4 of the joint memo, it is stated

that respondent No.1 has sworn to the affidavit dated

4.12.2017 stating that due to intervention elder members

of the family and by their advice, she has resolved dispute

with petitioner No.1 and his family members. It is further

stated that on the same day, petitioner No.1 and herself

filed divorce petition by way of mutual consent in M.C.

No.216A/2017 pending on the file of Principal Family

Judge, Sagar. In the meanwhile, FIR came to be

registered.

5. In paragraph-7 of the joint memo, it is stated

that the parties herein have already resolved the dispute

between themselves amicably outside the Court and they

are no willing to prosecute the matter.

6. The affidavit of Deepesh Kumar Jain is also filed

in support of the said contention. The parties present

before the Court admits the contents of the joint memo.

Hence, the joint memo is accepted.

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7. In view of the same, the petition is disposed of

and the criminal proceedings initiated against the

petitioners herein are hereby quashed.

Sd/-

JUDGE

Cs/-

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