Point of law: joint memorandum of settlement filed by the respective parties and in the light of the above decisions of the Hon'ble Apex Court, it is appropriate to quash the criminal proceedings

ORDER :

Criminal Petition No.201085/2021 has been preferred to quash the charge-sheet bearing No.59/2020 and the proceedings in S.C.No.68/2021 pending on the file of Principal District and Sessions Judge at Kalaburagi and Criminal Petition No.201094/2021 is preferred to quash the charge-sheet bearing No.285/2017 and the proceedings in C.C.No.330/2018 pending on the file of Court of Senior Civil Judge and JMFC at Jewargi.

2. Though these petitions are listed for admission, with the consent of both the learned counsel appearing for the respective parties, as well as learned HCGP, these matters are heard together and disposed of by this common order.

3. The brief facts leading to these petitions are as under :

The marriage of petitioner No.1 in Crl.P.No.201085/2021 and respondent No.2 was solemnized on 09.09.2012. For about one year, respondent No.2 was looked after properly by her husband and in-laws and thereafter she was meted with physical and mental cruelty. On account of the same, she started residing in her parent's house along with her children. It is alleged that on 23.08.2019 at about 9.00 a.m. all the accused came to the house of her parents and picked-up quarrel, abused and also assaulted her etc. Crime No.189/2019 was registered at Jewargi Police Station, Kalaburagi on a complaint lodged by respondent No.2. On completion of investigation, charge-sheet was fled against the petitioners/accused Nos.1 to 6 for offences punishable under Sections 143, 147, 341, 323, 498A, 307, 504 and 506 read with Section 149 of Indian Penal code.

4. Petitioner No.1 is the husband, petitioner No.2 is the mother and petitioners No.3 to 6 are the brothers of petitioner No.1.

5. In Criminal Petition No.201094/2021, petitioner No.2 is the wife, petitioner No.1 is her mother and petitioners No.3 and 6 are other relatives. It is alleged that after the marriage of respondent No.2 with petitioner No.2, she started quarreling with her husband for petty reasons and thereafter left her matrimonial house and started staying in her parental house and in spite of conducting the panchayath in the presence of elders, she did not come and join her husband and at the time of panchayath all her relatives picked-up quarrel and also assaulted the complainant with sticks etc. Crime No.207/2017 was registered at Jewargi Police Station, Kalaburagi on a complaint lodged by respondent No.3, i.e., mother-in-law of petitioner No.2.

6. Learned counsel appearing for both the party have filed joint memorandum of settlement in the respective petitions signed by all the parties as well as the learned counsel appearing for petitioners and the complainant.

7. It is stated that a civil suit bearing O.S.No.27/2018 was filed by the husband for annulment of marriage and based on a compromise petition filed in the said suit, the suit has been disposed of and the marriage between the parties has been annulled. The certified copy of the compromise petition is produced at Annexure-G and certified copy of the decree is produced at Annexure-H.

8. It is stated that the parties have resolved all the disputes between them and dissolution of marriage has been recorded by the Civil Court in the above suit and the respective parties have agreed to withdraw all the criminal complaints filed against each other.

9. It is submitted that out-come of criminal proceedings is a result of matrimonial discord which is private in nature and therefore in view of settlement entered between the parties the respective complainants are not interested in continuing the criminal proceedings initiated against each other.

10. Respective petitioners as well as complainants in both the petitions are present before the court. It is submitted by complainants that in view of the settlement, they are not interested to continue the criminal proceedings initiated by them.

11. In the instant case, the parties are closely related to each other. The O.S.No.27/2018 filed by the husband has been disposed of in terms of the compromis