1. In this petition, petitioner has sought for the following relief:-
“a) call for the relevant records;
b) Quash the Entire proceedings as against the Petitioners in C.C.34115/2023pending on the file of I Addl. Chief Judicial Magistrate at Bengaluru for the offences punishable under section 323, 341, 506, 504 and 34 of IPC, as the same is quite essential in the interest of justice and equity.
c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity.”
2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos.1 and 2 and learned counsel for the petitioners and respondent No.2 are physically present before the Court and respondent No.2 has appeared through Video conferencing and they admit the contents of the Joint Affidavit, which reads as under:-
“JOINT AFFIDAVIT
“We, 1. SRI. SURESHS/O. SHANMUGAM, AGED ABOUT 41 YEARS, 2. SRI. ANANDS/O. SHANMUGAM, AGED ABOUT 37 YEARS, BOTH THE PETITIONER NO.1 AND 2 ARE R/AT: V-12, STH CROSS, PIPELINE ROAD, MALLESHWARAM, BENGALURU - 560 003 and 3. HEMASHREE V W/O. ANAND, AGED ABOUT 26 YEARS,R/AT. NO.97/14, 1ST MAIN, PR LAYOUT, SHESHADRIPURAM, BENGALURU - 560 020, do hereby affirm and state on oath as follows:-
1. It is submitted that the No.1 and 2 are the accused before the first respondent police on the complaint given by the No.3 of us, and the case is registered against the No. 1 and 2 in crime No.143/2023 for the alleged offence punishable under section 323, 341, 504, 506 and 34 of IPC.
2. We further submit that, the 1st respondent police have filed a charge sheet against the No.1 and 2 on the basis of the complaint given by No.3 in C.C.No.34115/2024 for the alleged offence punishable under section 323, 341, 504, 506 and 34 of IPCI Addl. Chief Judicial Magistrate at Bengaluru City and No. 1 and 2 of us are arrayed as accused No.1 and 2.
3. We further submit that, No.3 of us has filed the Divorce Petition against the No.2 of us in M.C. 1983/2024 before the Hon'ble Principal Judge, Family Court at Bengaluru and subsequently due to the intervention of the mediators the matter has been settled and No.2 and 3 of us settled dispute between each other's, and dissolve our marriage on the condition that they shall not interfere in the lives of each other in future and No.3 of us has agreed to CoOperate to close/dispose the matter in C.C. No.34115/2024pending on the file I Addl. Chief Judicial Magistrate at Bengaluru City against the no.1 and 2 for the Offences U/s Section 323, 341, 506, 504 and 34 of IPC.
4. We hereto submit that No.2 and 3 of us have resolved all their issues and have dissolved as husband and wife. Hence, the proceedings in C.C. No. 34115/2024 against the No. 1 and 2 of us for the offences punishable under Section 323, 341, 506, 504 and 34 of IPC which is sought to be quashed in the captioned petition does not survive for contesting/consideration.
WHEREFORE, this Hon'ble Court may be pleased to allow the above petition and quash the Entire Proceedings in C.C.34115/2024pending on the file I Addl. Chief Judicial Magistrate at Bengaluru City against the no.1 and 2 of us for the Offences U/s Section 323, 341, 506, 504 and 34 of IPC as the same is quite essential in the interest of justice.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Affidavit dated 27.02.2025.
(ii) The proceedings in C.C.No.34115/2024 (arising out of Crime No.143/2023 of 1st respondent – Police) registered for the offences punishable under Sections 323, 341, 506, 504 and 34 of IPC pending on the file of I Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioners are concerned are hereby quashed.
