Allowed

Mr.Stalin George v. the State of Karnataka

Karnataka HC22 Mar 2021CRL.P/2500/2021

Case brief

AI extract

What is this about?

The court exercised jurisdiction under Section 482 Cr.P.C. to allow compounding of matrimonial offences after a successful mediation settlement resulted in the dissolution of the marriage. Consequently, criminal proceedings brought by both parties were quashed.

What did the court decide?

Applications under Section 320 Cr.P.C. allowed; criminal proceedings in C.C.No.6440/2020 and C.C.No.2430/2020 quashed.

Mr.Stalin George Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2021)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22^ND DAY OF MARCH, 2021

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BEFORE

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THE HON'BLE MR. JUSTICE H.P. SANDESH

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CRIMINAL PETITION NO.6693 OF 2020

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C/W

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CRIMINAL PETITION NO.2500 OF 2021

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IN CRIMINAL PETITION NO.6693 OF 2020

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Between:

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Mrs.Shruti Lena Fernandez W/o Mr. Stalin George, Age about 33 years, Residing at No.25, Pushpam Woods, Gudimattanahalli Mattanahalli Road, Sarjapura, Bangalore-562 125.

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… Petitioner

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(By Sri.G.Devaraj., Advocate)

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And:

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Mr. Stalin George S/o Mr. J. George Aged about 34 years, Residing at S-15, PSR Flora, Sarjapur Road Opp: Chambenahalli Bus Stop Dommasandra, Chambenahalli Dommasandra Bengalore-562 125.

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… Respondent

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(By Smt. Rashmi George Advocate)

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This Criminal Petition is filed under Section 482 of Cr.P.C. praying to quash the entire proceedings in C.C.No.6440/2020 (PCR.No.50/2020) as per Annexure-A and B initiated against the petitioner on the file of the XLI A.C.M.M., Bangalore for the alleged offence P/U/S 499,500 of IPC.

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IN CRIMINAL PETITION NO.2500 OF 2021

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Between:

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Mr. Stalin George S/o Mr. J. George Aged about 34 years Residing at S-15 PSR Flora, Sarjapur Road Opp: Chambenahalli Bus Stop Dommasandra, Chambenahalli Dommasandra Bengalore-562 125.

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… Petitioner

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(By Smt. Rashmi George., Advocate)

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And:

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The State of Karnataka By Sarjapura Police Station, Bangalore Represented by State Public Prosecutor

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Mrs. Shruti Lena Fernandez W/o Mr. Stalin George Aged about 32 years Residing at No.25, Pushpam Woods, Gudimattanahalli, Mattanahalli Road, Sarjapura Bangalore-562 125. … Respondents

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(By Sri. Showri. H.R, HCGP for R1; Sri. G.Devaraj Adv.,for R2)

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This Criminal Petition is filed under Section 482 of CR.P.C. praying to quash the criminal proceedings initiated by the 2^nd respondent against the petitioners for the offences P/U/S 498A, 504 R/W 34 of IPC and Sec.3,4 of D.P Act pending on the file of the Principal Civil Judge and JMFC, Anekal, Bangalore Rural in C.C.No.2430/2020 (Cr.No.193/2019).

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These Criminal Petitions coming on for orders this day, the court made the following:

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O R D E R

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This petition is filed under Section 482 of Cr.P.C.

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praying this court quash the entire proceeding in C.C.No.6440/2020 for the offences punishable under Sections 499 and 500 of IPC and pass such other others. Crl.P.No.2500/ 2021 is filed under Section 482 of Cr.P.C. praying to quash the criminal proceedings in C.C.No.2430/2020 for the offences punishable under Sections 323 and 498A of IPC and Sections 3 and 4 of D.P. Act.

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Both the parties have filed applications under Section 320 r/w Section 482 of Cr.P.C. in both the

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matters praying this court to permit them to compound the offences which have been invoked against them respectively. In support of the applications they have produced memorandum of settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 filed in M.C.No.6072/2019. In terms of the settlement arrived at between the parties, both of them have agreed to dissolve the marriage and accordingly judgment is also passed in M.C.6072/2019. In terms of the settlement between the parties there are no issues between the parties.

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In view of the applications and also the affidavits filed by the parties and also in view of the settlement arrived between the parties after the mediation process with regard to the matrimonial dispute; and the Apex Court in the case of GIAN SINGH v. STATE OF PUNJAB reported in (2012) 10

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SCC 303 , if it is a matrimonial offence, the offences

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can be compounded with the permission of the Court with regard to matrimonial dispute and the offence is not against the Society at large, parties can be permitted to compound the offences.

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In view of the above discussion, I pass the following:

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ORDER

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i. Applications filed under Section 320 r/w Section 482 of Cr.P.C. in both the petitions are allowed.

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ii. Consequently the proceedings initiated against the respective parties in C.C.No.6440/2020 and C.C.No.2430/2020 respectively are hereby quashed.

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Sd/JUDGE

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Mr.Stalin George v. the State of Karnataka

Case brief

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Mr.Stalin George v. the State of Karnataka

Case brief

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