- 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU BEFORE THE HON BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7470/2015

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1 - 1 - IN THE HIGH COURT OF KARNATAKA AT BENGALURU BETWEEN: DATED THIS THE 2 ND DAY OF DECEMBER 2015 BEFORE THE HON BLE MRS.JUSTICE RATHNAKALA CRIMINAL PETITION NO.7470/ SRI PUNIT SAHAY S/O SUDHIR KUMAR SAHAY, AGED 30 YEARS 2. SRI SUDHIR SAHAY S/O LAKSHMAN PRASAD AGED 62 YEARS 3. SMT.KISHORI SAHAY W/O SUDHIR KUMAR SAHAY AGED 52 YEARS 4. SRI SUMIT SAHAY S/O SUDHIR KUMAR SAHAY AGED ABOUT 28 YEARS NOS.1 TO 4 RESIDING AT VILLA LUMIK BEHIND MANGOR SPORTS CLUB, NEAR BSNL TELEPHONE EXCHANGE, MANGOR HILL, VASCO DA GAMA, GOA SMT. SWETA SAHAY D/O SUDHIR KUMAR SAHAY AGED ABOUT 26 YEARS FLAT NO.105, 1 ST FLOOR SECTION 12 D BANCODE COPERCA IRON NEW MUMBAI PETITIONERS (BY SRI M.VINOD KUMAR, ADV.)

2 - 2 - AND: 1. STATE OF KARNATAKA REPRESENTED BY BASAVESHWARA NAGAR POLICE STATION REPRESENTED STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE SMT.REENA L.G. W/O PUNIT SAHAY D/O LAKSHMINARAYANAPPA AGED 30 YEARS RESIDING AT NO.123, 16 TH MAIN GHBCS LAYOUT, MANJUNATHANAGARA BANGALORE RESPONDENTS (BY SRI B.VISWESWARAIAH, HCGP FOR R1; SRI SATISH KUMAR N. FOR SRI C.M.KEMPEGOWDA, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.13542/2015 PENDING ON THE FILE OF V A.C.M.M., BANGALORE FOR THE OFFENCES P/U/S 498(A), 506 R/W 34 OF IPC. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING: O R D E R Learned High Court Government Pleader is directed to take notice for respondent No.1.

3 - 3 - On the complaint of respondent No.2 herein, the petitioners are charge sheeted for the offences under Sections 498-A, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act. 2. Today, petitioner Nos.1, 2, 3 and 5 and respondent No.2 with their respective Counsel are present before the Court. Sri.C.M.Kempegowda has filed Power for second respondent. A joint memo signed by petitioner Nos.1, 2, 3 and 5 and respondent No.2 and their respective learned Counsel along with the affidavit sworn to by the second respondent is filed. They read as under: JOINT MEMO The Petitioners and Respondent No.2 most respectfully submit that in view of the compromise between the parties and in view of the fact that all the matrimonial disputes between the Petitioner No.1 and the Respondent No.2 are solved, the Respondent No.2 is ready to appear before this Hon ble Court to report settlement and Respondent No.2 has no objection to quash the proceedings sought to be quashed in the above case. The Petitioners herewith produces the copy of the Judgment and decree passed by the III Additional Family Judge at Bangalore in MC No.698/2015 along with the mediation

4 - 4 - agreement copy for the kind perusal of this Hon ble Court. Hence prays to quash the further proceedings in CC No.13542/2015, pending in the file of the V Additional Chief Metropolitan Magistrate at Bangalore and to pass such other further order/s pending disposal of this Petition, in the interest of Justice and Equity. AFFIDAVIT I Smt. Reena L.G., W/o Punit Sahay D/o Lakshminarayanappa, Aged 30 years, Residing at No.123, 16 th Main, GHBCS Layout, Manjunathanagara, Bangalore , do hereby solemnly affirm and state on oath as follows, 1. I submit that I have lodged a complaint of dowry harassment against the Petitioners in the above petition before the Respondent No.1 police station. Based on the said complaint the Respondent No.1 police has filed charge sheet before the learned Magistrate. 2. I submit that now myself and the Petitioner No.1 have dissolved our marriage. Vide Order dated 30/10/2015 the Hon ble Family Court was pleased to dissolve our marriage. There is no due and liability between each other. Vide mediation agreement dated 30/10/2015, we have agreed to close the disputes and to close the cases. 3. I submit that as per the agreement I have agreed to co-operate to close/quash the case filed against the Petitioners in this petition i.e., the Accused persons in Crime No.18/2015 of Basaveshwarnagar police station, Now CC No.13542/2015 pending in the file of the V

5 - 5 - Additional Chief Metropolitan Magistrate at Bangalore. Therefore I submit that I have no objection to quash the proceedings against the Petitioners in C.C. no.13542/2015 pending in the court of the V ACMM, Bangalore. I do not have any purpose in proceeding with the criminal case. 4. I submit that I once again reiterate that in view of the compromise, I say no objection to quash the criminal proceedings against all the Petitioners. 3. As brought out from the above, the marriage between the first petitioner and the second respondent is dissolved by a decree of divorce on The present criminal proceeding is nothing but the culmination of the matrimonial breach between the first petitioner and the second respondent. In view of the subsequent development that occurred in the lives of the couple and in the light of the judgment of the Apex Court in Gian Singh vs- State of Punjab and Another reported in (2012) 10 SCC 303, there is no impediment to quash the criminal proceedings. Petition is allowed. The criminal proceeding against the petitioners in C.C.No.13542/2015 pending on the file of V Additional C.M.M., Bangalore, is quashed.

6 - 6 - In view of the disposal of the main petition, I.A.No.1/2015 also stands disposed of. KNM/- Sd/- JUDGE