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Judgment
M. Nagaprasanna, J
The petitioner is before this Court calling in question the FIR in Crime No.180/2023.
During the pendency of the petition, the parties to the lis have settled the dispute amongst themselves.
Before the matter could be taken up for recording the compromise and closing the case, it appears that the police after investigation have filed a charge sheet for the offences punishable under Sections 326 & 504 of IPC.
In the light of the compromise/settlement arrived at between the parties and even the offences laid under the charge sheet being compoundable, I deem it appropriate to accept the application filed under Section 320 Cr.PC and obliterate the proceedings against the petitioners. The affidavit so filed by the complainant reads as follows:
"1. I am the respondent no.2 in the above said case and I am well aware with the facts and circumstances of the case and competent to swear to this affidavit.
I state that the present petition is filed under Section 482 of the Code of Criminal Procedure seeking to quash the further proceedings against the petitioner in FIR 180/2023 registered with respondent no.1 Police and pending on the file of XXXII Addl. Chief Metropolitan Magistrate, at Bangalore.
I state that FIR No.180/2023 came to be registered by the respondent no.1 Police on the information dated 10.06.2023 preferred by me and thereafter the petitioner has been imputed as accused for the offences under Section 504 and 307 of IPC.
I state that the information dated 10.06.2023 was preferred due to an physical assault made by the petitioner on me and the same had the effect of bringing the FIR No.180/2023 registered with the respondent no.1 Police into the domain of judgment rendered by the Hon'ble Supreme Court of India in Crl.A.No.349/2019 dated 05.03.2019.
I state that today as me and my family have resolved to pardon the petitioner and therefore having concluded to not precipitate the issue further, have resolved to express No Objection to allowing the present petition. I am not interested in prosecuting the present matter in C.C.No.17207/23.
I state that in view of my resolution and further, in view of the intervention of the elders in my family and the apologies rendered by the petitioner and his father i.e., Mr. Sanjay Duggar sincerely express their apologies to me and my family.
I state that me and my family have come to an understanding and have decided to close the issue between me and the petitioner without recourse to any criminal trial.
This affidavit is made in my free will without coercion.
Wherefore, I humbly pray that this Hon'ble Court be pleased to accept the present affidavit and consequently allow the present petition and thereby quash the FIR No.180/2023 registered with the respondent no.1 Police and C.C.No.17207/2023 pending on the file of XXXII Addl. Chief Judicial Magistrate at Bangalore and any consequential final report filed by the respondent no.1 police, in the interest of justice."
For the aforesaid reasons, the criminal petition is disposed of. The proceedings in C.C.No.17207/2023 pending on the file of the XXXII Addl. Chief Metropolitan Magistrate, Bengaluru, stands quashed against the petitioners.
The settlement and closure of the proceedings be forthwith communicated to the Jail Superintendent/authorities and the petitioner be released in the light of the closure of the proceedings on such compromise.
Ordered accordingly.
