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Judgment
C.R. Kumaraswamy, J.—Petitioner No. 1 and his counsel are present. Respondent No. 2 and her counsel are present. Joint memo is filed. Execution in the joint memo is admitted. Affidavit of Respondent No. 2 is also filed.
Joint memo reads as follows:
The 1st Petitioner and the 2nd Respondent submit that they have settled their disputes in C.C. No. 20636/10, which is pending before 2nd ACMM, Bangalore.
Both the parties have obtained a decree of consent divorce as per M.C No. 1461/2010 before the I Addl. Family Court, Bangalore.
Wherefore, the 1st Petitioner and 2nd Respondent prays that this Hon''ble Court co be pleased to quash C.C. No. 20636/2010 and allow this petition.
The affidavit of Respondent No. 2 reads as follows:
I, Smt. Tanuja L.D. W/o Ajay L. Davanam D/o Dr. Ramalingaiah M.R., aged about 26 years, Residing at No. F.594, 2nd C Main, 12th Cross, B.E.L 1st Stage, Bangalore - 91, do hereby state on oath as follows:
I am the 2nd Respondent in the above matter and W/o the 1st Petitioner. I have given complaint against the Petitioners for the offences punishable u/s 498A, 506 r/w 34 of I.P.C. and Section 3 & 4 of D.P. Act. which is pending before II ACMM in C.C. No. 20636/2010.
Now, myself and lst Petitioner have obtained a decree of consent divorce from I Addl. Family Court. Bangalore in M.C. No. 1461/2010. Hence I am not interested to prosecute the above said criminal case against the Petitioners and the same may be quashed by allowing the above petition.
I declare that what is stated above is true and correct to the best of my knowledge, information and belief.
Learned High Court Government Pleader appearing on behalf of Respondent No. 1 - State submits that a suitable order may be passed.
Respondent No. 2 in her affidavit has stated that she had lodged a complaint and after investigation C.C. No. 20636/2010 was registered. However, a decree of dissolution of marriage between Petitioner No. 1 and Respondent No. 2 has been passed in M.C. No. 1461/2010. Therefore, she is not interested in prosecuting the Criminal Case No. 20636/2010. Joint memo is also filed praying to quash the proceedings in C.C. No. 20636/2010.
In the result, I pass the following:
ORDER
(i) This Criminal Petition is allowed in terms of the joint memo dated 03.12.2010.
(ii) Consequently, proceedings in C.C. No. 20636/2010 pending on the file of II Additional Chief Metropolitan Magistrate, Bangalore is hereby quashed.