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Judgment
B.V. Pinto, J.—This petition is filed seeking to quash the proceedings in CC No. 417/2009 on the file of J.M.F.C., Gubbi, which is registered on the basis of the final report fifed by Gubbi police in Crime No. 104/2009 for the offences punishable u/s 498-A, 506 r/w Section 34 of IPC.
The Petitioners are husband and wife. They have shave the joint petition submitting that, the have compromised the matter and that they have arrived at compromise in MC No. 40/2010 on the He of Additional Civil Judge (Senior Division), Tumkur which is the proceedings for Restitution of Conjugal Rights.
It is submitted by the learned Counsel for the Petitioners that, husband and wife are living together and therefore, proceedings may be quashed.
The teamed HCGP submits that, Petitioner No. 1 and 2 are complainant and accused and that they could not have filed joint petition seeking quashing of the proceedings.
However since they are living together as husband and wife and further the petition in MC No. 40/2010 was allowed, which a case for Restitution of Conjugal Rights, there is no irregularity in filing pint petition.
I have questioned the Petitioners and they have confirmed the fact that, they are living together as husband and wife. Hence, in the interest of the family of the Petitioners and also in the interest of justice, the proceedings so far as Petitioner No. 2 is concerned in CC No. 417/2009 on the file of J.M.F.C., Gubbi, is hereby quashed. The petition against Respondent No. 2 to 5 dismissed.