LAWS(KAR)-2018-6-236

YASHI JAIN Vs. STATE OF KARNATAKA AND ANOTHER

Decided On June 21, 2018
YASHI JAIN Appellant
V/S
State of Karnataka And Another Respondents

JUDGEMENT

(1.) Learned High Court Government Pleader takes notice for respondent No.1-State in both the cases. Learned counsel Sri Shiva Shankar files vakalath for respondent No. 2.

(2.) The Petitioner in both these Criminal Petitions, Mrs. Yashi Jain, is present before the court and she has filed affidavit reporting that the matter has been compromised between the parties i.e., the complainant as well as the respondents/petitioner and the eye witnesses herein. The petitions are filed by her seeking quashing of the proceedings in SC No. 803/2014 on the file of the 65th Addl. CC and Sessions Judge, now pending on the file of the 71st Addl. City Civil and Sessions Judge, Bengaluru for the offence punishable under Sections 498A, 323, 468, 307 and 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 and also for quashing of the CC No. 16183/2015 pending on the file of the 24th ACMM, Bengaluru arising out of FIR No. 422/2014.

(3.) The petitioner has filed the above said petitions in fact on the basis that the parties have compromised the matter and the dispute has been completely resolved in a divorce petition filed by respondent No. 2, the husband of the petitioner in MC No. 3011/2016. The petitioner has also furnished the compromise petition filed before the said Family Court in MC No. 3011/2016, wherein the parties have arrived at a compromise wherein at paragraph 10 of the compromise petition, the respondent therein i.e., the petitioner herein has categorically accepted and agreed to withdraw or participate to close all the criminal cases filed against the petitioner immediately after reporting this settlement and closing all the criminal cases filed against the respondent herein immediately after reporting the settlement before the MC Court. The said compromise petition was placed for consideration on the file of the III Addl. Principal Judge, Family Court, Bengaluru in the said case and the court has recorded the compromise and however ordered and decreed to dissolve the marriage between the petitioner and the second respondent.