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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/-