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Judgment
C.R. Kumaraswamy, J.—Petitioners 1 to 4 are present. Counsel for Petitioners is also present. Joint memo dated 25.10.2010 is filed. Joint memo reads as follows:
The Petitioners No. 1 to 4 above named submit as follows:
The Respondent police have submitted a charge sheet against the Petitioners No. 2, 3 and 4 in C.C. 25809/2010 for the offences punishable u/s 498A and 506 of the Indian Penal Code r/w Section 3 and 4 of the Dowry Prohibition Act, which is pending on the file of VIII Addl. Chief Metropolitan Magistrate, Bangalore.
It submits that the Petitioner No. 1 and the Petitioner No. 2 to 4 have resolved their misunderstandings and they are not so interested to continue the proceedings of the above case, it is submits that the Petitioner No. 1 and Petitioner No. 2 already ignored their misunderstandings and living together at Delhi as husband and wife.
It is submits that the alleged offences are non compoundable in nature, the learned VIII Addl. CMM has no power to permit the Petitioner No. 1 and Petitioner No. 2 to 4 to compromise the case.
It is submits that though the alleged offences are non compoundable, this Hon''ble Court has ample power u/s 482 Code of Criminal Procedure to compromise the case and consequently to quash the entire proceeding in view of the ratio of principles laid down by the lordships of Apex Court in B.S. Joshi and Ors. v. State of Harayana, and lordships of our own High Court in a judgment reported in Basappa @ Basanagowda Vs. State of Karnataka, .
It is submits that, at any stage of the proceedings of the case, this Hon''ble Court has ample power to permit the parties to compromise the case, since the matter is matrimonial dispute, hence this memo.
Wherefore, the Petitioners No. 1 to 4 above named humbly pray that this Hon''ble Court may be pleased to accept the joint memo filed by the Petitioners and consequently quash the entire proceedings in C.C. No. 25809/2010 pending on the file of VIII Addl. CMM, Bangalore in terms and conditions stated above in the ends of justice.
This Criminal Petition is disposed of in terms of the joint memo dated 25.10.2010. Consequently, proceedings in C.C. No. 25809/2010 pending on the file of the VIII Additional Chief Metropolitan Magistrate, Bangalore are hereby quashed.