Husband sought quashing of a complaint and FIR under Sections 323, 324 and 506 IPC filed by his wife amid a matrimonial dispute. The parties settled their disputes, obtained divorce by mutual consent, and filed a joint affidavit. The High Court allowed the petition and quashed the complaint, FIR, and pending proceedings.
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NC: 2024:KHC:9570 CRL.P No. 3019 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 3019 OF 2022
BETWEEN:
SRI. SANTHOSH.S.S AGED ABOUT 45 YEARS, S/O SRI. S.E.SATHYENDRA KUMAR RESIDING AT NO.930/E LAKSHMINARYANA NILAYA, 11TH CROSS, 2ND PHASE, GIRINAGAR, BENGALURU 560085
…PETITIONER
(BY SRI. N GOWTHAM RAGHUNATH., ADVOCATE)
AND:
Digitally signed by PRAMILA G V Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. CHANNAPPA ERAPPA.,HCGP FOR R1; MISS.YUKTHA N.,ADVOCATE FOR SMT. VANDANA P L.,ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONORABLE COURT
NC: 2024:KHC:9570 CRL.P No. 3019 of 2022
MAY BE PLEASED TO 1. QUASH THE COMPLAINT DATED 20.01.2020 FILED BY THE RESPONDENT NO. 2 (ANNEXURE B).
THIS PETITION, COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Heard the learned counsel appearing for the petitioner as well as the learned counsel appearing for respondent No.2.
joint affidavit reporting settlement of all pending disputes between them.
the petitioner and respondent No.2. It is forthcoming from the joint affidavit that the parties have obtained the decree for divorce in MC.No.3494/2022 in terms of settlement arrived at on 23.01.2024 and that the marriage between the parties is dissolved. The affidavit would also reveal that the parties have agreed to settle all the pending disputes between them. The parties submits that they have voluntarily entered into the settlement. After going through the records, this Court is of the view that the petition is to be allowed and the complaint, FIR and the charge sheet prayed to be quashed are to be quashed. Hence, the following:-
NC: 2024:KHC:9570 CRL.P No. 3019 of 2022
ORDER
Sd/JUDGE
PHM
List No.: 1 Sl No.: 1
1 issue framed by the court
Whether the criminal complaint and FIR arising from a matrimonial dispute should be quashed following the parties' settlement and divorce decree.
4 provisions across 2 enactments
SRI. SANTHOSH.S.S
STATE OF KARNATAKA THROUGH GIRINAGAR POLICE STATION
SMT. ARCHANA M.S
ANANT RAMANATH HEGDE
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
