Quashed

Lewis Francis v. State of Karnataka

Karnataka HC23 Jun 2023CRL.P/4771/2023

Case brief

AI extract

What is this about?

The Single Judge quashed criminal proceedings in C.C. No. 13074/2021 for offences under Sections 325 and 498A IPC against the petitioner. The quashing was based on an amicable settlement and the dissolution of marriage between the petitioner and the second respondent, satisfying the conditions of the compromise petition filed under Section 320 Cr.P.C.

What did the court decide?

Criminal Petition disposed of; proceedings in C.C. No. 13074/2021 quashed qua the petitioner.

Lewis Francis Vs State of Karnataka — Domestic Violence | Karnataka HC (2023)

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NC: 2023:KHC:21852 CRL.P No. 4771 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 23^RD DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 4771 OF 2023

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BETWEEN:

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LEWIS FRANCIS S/O JAMES FRANCIS AGED ABOUT 57 YEARS RESIDING AT NO.1003 D BLOCK AECS LAYOUT, BROOKE FIELD KUNDALAHALLI BANGALORE NORTH DODDANEKKUNDI BENGALURU - 560 037.

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…PETITIONER

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(BY SRI VINAY KUTTAPPA., ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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STATE OF KARNATAKA

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THROUGH THE STATION HOUSE OFFICER

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ATTIBELE POLICE STATION BENGALURU – 560 037 REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU – 560 001.

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LIJI LEWIS W/O LEWIS FRANCIS AGED ABOUT 50 YEARS RESIDING AT FLAT NO.502

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NC: 2023:KHC:21852 CRL.P No. 4771 of 2023

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NORTH J BLOCK SRIRAM APARTMENT BIDARGUPPE ATTIBELE ANEKAL TALUK BENGALURU – 560 037.

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…RESPONDENTS

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(BY SRI MAHESH SHETTY, HCGP FOR R1;

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SMT VEENA SHETTY, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS PENDING IN C.C.NO.13074/2021 ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND J.M.F.C., ANEKAL, ENUMERATING OUT OF CR.NO.236/2021 REGISTERED BY THE RESPONDENT POLICE i.e ATTIBELE POLICE STATION FOR THE OFFENCE P/U/S 325 AND 498A OF IPC PRODUCED AS ANNEXURE- A TO D RESPECTIVELY.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioner is before this Court calling in question the proceedings in C.C.No.13074/2021 (Crime No.236 of 2021) for the offences punishable under Sections 325 and 498A of the IPC.

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During the pendency of the petition, the parties to the

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lis have settled the dispute amicably amongst themselves and

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NC: 2023:KHC:21852 CRL.P No. 4771 of 2023

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the marriage between them is dissolved in M.C.No.4919 of 2021. A Compromise Petition is filed before this Court under Section 320 r/w 482 of the Cr.P.C. Both the parties would submit and admit that the conditions of compromise are completely fulfilled. The compromise insofar as the present petition is concerned reads as follows:

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“… … … …

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2. It is submitted that on the advice of elderly members of family, the petitioner and respondent No.2 have amicably settled their dispute. Respondent No.2 herein is no longer interested in prosecuting CC No.13074 of 2021 before the I Additional Civil Judge and JMFC, Anekal.

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3. It is submitted that the Petitioner and Respondent No.2 filed a joint application in MC NO.4919 of 2021 for dissolution of marriage. Same came to be allowed and accordingly marriage between the Petitioner and Respondent No.2 is dissolved.

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4. The Petitioner will handover Demand Draft bearing No.732525, dated 26.05.2023 for sum of Rs.17,00,000/(Seventeen Lakhs Only) to Respondent No.2 before this Hon’ble Court on 23.06.2023 as full and final settlement.

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5. It is thus submitted that in the above background and to secure the ends of justice, the petitioner herein is seeking quashing of the instant proceedings pending on the file of the I Additional Civil Judge and JMFC, Anekal, in C.C.NO.13074 of 2021 as continuation of the said proceedings would put the petitioner through great oppression and prejudice and extreme injustice would be caused, if the said proceedings are not quashed.”

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NC: 2023:KHC:21852 CRL.P No. 4771 of 2023

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Since the offences alleged against the petitioner is punishable under Sections 498A and 325 of the IPC, which are not against the State or Society, and in the light of the compromise arrived at between the parties as aforesaid, I deem it appropriate to obliterate the proceedings pending against the petitioner.

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For the aforesaid reasons, the following:

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ORDER

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(i) Criminal Petition is disposed.

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(ii) Impugned proceedings in C.C.No.13074/2021 pending before the I Additional Civil Judge and JMFC, Anekal stands quashed qua the petitioner.

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Sd/JUDGE

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BKP

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List No.: 2 Sl No.: 8 CT:MJ

Lewis Francis v. State of Karnataka

Case brief

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What did the court decide?

Lewis Francis v. State of Karnataka

Case brief

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What did the court decide?

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