Joint affidavits and voluntary settlements can lead to quashing of criminal proceedings when both parties confirm no further claims against each other, promoting the interest of justice.

ORDER :

1. In Crl.P.No.13601/2024, petitioner seeks the following reliefs:-

“For the reasons stated above the petitioner most respectfully prays that this Hon’ble Court may kindly be pleased to set aside the order dated 12.09.2024 of taking cognizance and be pleased to quash the criminal proceedings instituted in CC No.29938/2024 pending on the file of learned VII Addl. CJM, Bengaluru, insofar as it relates to the petitioner-accused No.2 for the offence u/s 506 and 504 of IPC and to pass such other appropriate order or direction which the petitioner is entitled to in the circumstances of the case and in the ends of justice.”

In Crl.P.No.9044/2023, petitioners seek the following reliefs:-

“Wherefore, the Hon’ble is respectfully prayed to quash the FIR and Complaint in East Zone Women P.S., against the Petitioners in Crime No.0137/2023 pending before the Hon’ble Court of VI Addl. Chief Metropolitan Magistrate at Bengaluru (6^th ACMM) for the offence punishable under Sections 4 98A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 in the interest of justice.”

2. In Crl.P.No.13601/2024, learned counsel for the petitioner-accused No.2 and learned counsel for 2^nd respondent – complainant have filed an Affidavit duly signed by the petitioner, 2^nd respondent and their respective counsel and the same is taken on record.

3. In Crl.P.No.13601/2024, petitioner-accused No.2 and her counsel and respondent No.2 and his counsel are physically present before the Court and they admit the contents of the Affidavit, which reads as under:-

“AFFIDAVIT

We, 1. Poorna Prabhu D/o AnnappaPrabhu W/o Chetan V Sharma, Aged about 33 years, R/at No.2164, 16^th floor, Prestige Lake Ridge, Uttarahalli Main Road, Bengaluru – 560 064, 2. Chetan V Sharma, S/o. Vishwanath, Aged about 29 years, residing at No.2423, 3^rd Phase, Yelahanka New Town P.O, Yelahanka New Town, Bengaluru 560 064, do hereby solemnly affirm and state on oath as follows;

1. The Petitioner No.1 and Respondent No.2 herein are the Wife and the husband respectively, in the above said case and we are well aware of the facts and circumstances of the case and competent to file this petition.

2. We state that, the Petitioner No.1 and the Respondent No.2 upon the mediation agreement drawn under Sec.89 of CPC R/W Rules 24 & 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 before the II Addl. Prl. Judge, Family Court, Bengaluru in MC No.6566/2023 have agreed to settle all the pending disputes across all forums including the present Criminal Petition. The Ld. Family Court accepted the said agreement and the decree was drawn.

3. We state that, as per Clause No.7 of the settlement agreement, the Respondent No.2 has agreed to co-operate to seek for quashing of the FIR and Complaint in 0235/2024 for the offence punishable under Sections 170, 504, 506, 509 r/w Section 34 of IPC and to quash the proceedings in CC No.29938/2024 on the file of the learned VII Addl. Chief Judicial Metropolitan Magistrate at Bengaluru against the petitioner herein.

4. We submit that, the petitioner has also agreed to co-operate with the Respondent No.2 and seek for quashing of the FIR and Complaint in Crime No.0137/2023 for the offence punishable under Sections 4 98A, 34 of the IPC r/w Section 4 of the Dowry Prohibition Act, 1961 pending before the Hon'ble Court of VI Addl. Chief Judicial Metropolitan Magistrate At Bengaluru (6^th ACMM) in Criminal Petition No.9044/2023 against the Petitioner No.2 and his parents i.e., Petitioner Nos.2 and 3 who are arraigned as accused Nos.1 to 3.

5. We mutually agree that we have no claims left whatsoever either from the past, present or future against each other with respect to the proceedings in Crime No.0137/2023 and CC No.29938/2024 as mentioned a