The High Court of Karnataka quashed proceedings under the Protection of Women from Domestic Violence Act, 2005 against the petitioner, who was a party to a domestic dispute, following an amicable compromise and dissolution of the marriage between the parties.
Impugned proceedings in Crl. Misc. No.592 of 2021 stand quashed qua the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:21851 CRL.P No. 4773 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4773 OF 2023
BETWEEN:
LEWIS FRANCIS S/O JAMES FRANCIS, AGED ABOUT 53 YEARS, RESIDING AT NO.1003 D BLOCK, AECS LAYOUT, BROOKE FIELD, KUNDALAHALLI, BANGALORE NORTH, DODDANEKKUNDI, BENGALURU – 560 037.
…PETITIONER
(BY SRI VINAY KUTTAPPA., ADVOCATE)
AND:
Digitally signed by PADMAVATHI B K Location: HIGH LIGY LEWIS COURT OF WIFE OF LEWIS FRANCIS KARNATAKA AGED 50 YEARS, DAUGHTER OF LATE P.O VERGHESE, RESIDING AT FLAT NO. 502 NORTH J BLOCK, SRIRAM APARTMENT, BIDARGUPPE, ATTIBELE, ANEKAL TALUK, BENGALURU – 560 037.
…RESPONDENT
(BY SMT.VEENA SHETTY, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN CRL.MISC.NO.592/2021 AND THE COMPLAINT PENDING ON THE FILE OF II ADDL.C.J.M., BENGALURU RURAL DISTRICT, BENGALURU FOR THE OFFENCE P/U/S 12, 17, 18, 19, 20 AND 22 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005 PRODUCED AS ANNEXURE-A AND B RESPECTIVELY.
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioner is before this Court calling in question the proceedings in Crl. Misc. No.592 of 2021 for the offences punishable under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005.
NC: 2023:KHC:21851 CRL.P No. 4773 of 2023
3. It is submitted that the Petitioner and Respondent 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 is dissolved.
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 before this Hon’ble Court on 23.06.2023 as full and final settlement.
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 Crl.Misc No.592 of 2021, on the file of the II Addl. Chief Judicial Magistrate Rural Court at Bangalore under Section 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 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.”
punishable under Sections 12, 17, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005, 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.
NC: 2023:KHC:21851 CRL.P No. 4773 of 2023
ORDER
Sd/JUDGE
BKP List No.: 2 Sl No.: 16
2 issues framed by the court
Whether the proceedings under the Protection of Women from Domestic Violence Act, 2005 should be quashed in light of an amicable compromise and dissolution of marriage.
Whether Section 482 Cr.P.C. can be invoked to obliterate proceedings for offences against a specific individual that are no longer meritorious.
4 provisions across 2 enactments
Lewis Francis
Padmavathi B K
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
