Allowed

Rejul K Vincent v. the State of Karnataka

Karnataka HC2 Dec 2016CRL.P/2585/2016

Case brief

AI extract

What is this about?

In a criminal petition under Section 482 CrPC, the Bench allowed the quashing of criminal proceedings under Section 498-A IPC instituted against the petitioner. Divorce by mutual consent was granted after a settlement, and the court quashed the pending criminal case pursuant to Supreme Court precedents.

What did the court decide?

The proceedings pending in C.C.No.50626/2015 are quashed.

Rejul K Vincent Vs the State of Karnataka — Domestic Violence | Karnataka HC (2016)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 02^ND DAY OF DECEMBER 2016

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BEFORE

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THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

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CRIMINAL PETITION No.2585 OF 2016

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BETWEEN:

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Rejul K. Vincent, Aged 35 years, Son of Sri. K.J.Vincent, Residing at Flat No.401, MKRB life Style Apartment, T.C. Palya Main Road, Ramamurthy Nagar, Bangalore – 560016.

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…PETITIONER

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(By Shri Manjunatha Prasanna H.A., Advocate)

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AND:

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The State of Karnataka, Ramamurthy Nagar Police Station, Bengaluru. Represented by State Public Prosecutor, High Court Building, Bengaluru – 560 001.

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Mrs. Dulcy Stephen, Aged 36, Daughter of Stephen, Wife of Rejul K. Vincent, Residing at Flat No.202, Balaji Residency, Yemlur, Bangalore – 560 037.

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…RESPONDENTS

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(By Shri Chetan Desai, Government Pleader for Respondent No.1;

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Shri P. Raveendran, Advocate for Respondent No.2)

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This Criminal Petition filed under Section 482 code of Criminal Procedure, 1973, praying to quash the entire proceedings in C.C.No.50626/2015 instituted by the respondent no.1 police which is now pending before the X Additional Chief Metropolitan Magistrate, Bengaluru, in the facts and circumstances of the case.

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This Criminal Petition coming on for Admission this day, the court made the following:

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O R D E R

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Heard the learned counsel for the petitioner and the

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learned counsel for the respondents.

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The petitioner was married to the second respondent.

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It transpires that their marriage had failed and consequently

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there were proceedings, whereby the second respondent had filed a criminal petition alleging an offence punishable under Section 498-A of the Indian Penal Code, 1860, against the petitioner, in respect of which a charge-sheet has been filed and the matter is pending. In the meantime, the petitioner and the second respondent had filed a joint petition seeking divorce by mutual consent. In the matrimonial proceedings, the matter had been referred to mediation and a settlement was arrived at, whereby the parties agreed that the decree of divorce could be granted. Accordingly, a decree of divorce was granted. It was also agreed that the criminal proceedings could be wound up. However, since the offence alleged was non-compoundable, it was impermissible. Therefore, the parties are before this court seeking that the proceedings be quashed.

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In the light of the law laid down by the Supreme Court in Gian Singh vs. State of Punjab and Another ((2012) 10 SCC 303, in B.S. Joshi vs. State of Haryana (AIR 2003 SC 1386) and

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in Madan Mohan Abbot vs. State of Punjab (2008 AIR SCW 2287), the petition is summarily allowed. The proceedings pending in C.C.No.50626/2015 on the file of the X Additional

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Chief Metropolitan Magistrate, Bangalore, stands quashed.

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Sd/-

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JUDGE

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Rejul K Vincent v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Rejul K Vincent v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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