AAQEEL SHARIFF & ORS. Vs. STATE & ORS.

JUDGEMENT

(1.) Petitioner No.1 and Respondent No.2 are present before the court. Respondent No.2 has filed a memo and an affidavit dated 19.06.2011 stating that, after receipt of notice from this court, the parents, elders and well-wishers of families of both the parties, after a discussion, came to the conclusion that they have to settle their disputes among themselves in an amicable manner. In this context, it is submitted before the court by the learned counsel that the compromise talks are going on. At the time of negotiation, Respondent No.2 learnt that, the criminal complaint filed by the 2nd respondent against the petitioners is a hurdle for amicable compromise. Therefore, the 2nd respondent has voluntarily appeared before the court and submitted an affidavit stating that she has no objection to quash the proceedings and she withdraws the complaint before the police unconditionally.

(2.) It is seen from the records that the 2nd respondent appears to have lodged a complaint before the respondent-Pulikeshinagar Police in Crime No. 34/2017, registered against the petitioners for the offences punishable under Sections 498-A, 504, 506, 323 r/w 34 of IPC and also under Sections 3 and 4 of the Dowry Prohibition Act ( for short, 'D.P. Act'). There is no dispute that Petitioner No.1 is the husband of Respondent No.2 and their marriage took place long back and for some time, they lived as husband and wife. However, due to some matrimonial disputes between themselves, it appears, the 2nd respondent has lodged the above said FIR with the Police. Now the petitioner and the 2nd respondent have realized that it is a case for compromise, in order to facilitate themselves to live happily in future. Therefore, the 2nd respondent has filed the said affidavit along with a joint memo.

(3.) On careful perusal of the entire materials on record, it can safely be said that, it is essentially a matrimonial dispute between the parties. Due to some misunderstanding a criminal case appears to have been filed by the 2nd respondent against the petitioners and now the parties have thought of resolving their dispute.