Mr. Denzil Jaison Fersnandes Vs the State of Karnataka

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NC: 2025:KHC:15364 CRL.P No. 1538 of 2025

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9^TH DAY OF APRIL, 2025

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BEFORE

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THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1538 OF 2025

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BETWEEN:

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MR. DENZIL JAISON FERSNANDES, AGED 38 YEARS, S/O LATE VALERIAN FERNANDES, R/AT DOOR NO.5-140, AVEMARIA VEERA NAGARA, KANNUR POST, MANGALORE, D.K. DISTRICT - 575 007.

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SMT. LAVINA FERNANDES, AGED 52 YEARS, W/O LATE VALERIAN FERNANDES, R/AT DOOR NO.5-140, AVEMARIA VEERA NAGARA, KANNUR POST, MANGALORE, D.K. DISTRICT - 575 007.

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SMT. DIMPLE JENIFER FERNANDES, W/O JOSLY CUTINHA, R/AT MISSION GUDDE JOSVA GHAR, BOLWAR, PUTTUR - 574 201.

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Digitally signed by R HEMALATHA Location: High Court of Karnataka

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SMT. DERAL JESICA FERNANDES, D/O LATE VALERIAN FERNANDES, R/AT C2/162, THIRD FLOOR, LAJPAT NAGAR-2 SOUTH DELHI, DELHI - 110 024.

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MRS. ZEENA DIVYA D'SOUZA AGED 31 YEARS, D/O BAPTIST D'SOUZA, W/O MR. DENZIL JAISON FERNANDES, RA/T DOOR NO.5-140, AVE MARIA, VEERA NAGARA, KANNUR POST, MANGALORE, D.K. DISTRICT - 575 007, ALSO AT DOOR NO.1-122 CHURCH GUDDE, KALAVAR,

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NC: 2025:KHC:15364 CRL.P No. 1538 of 2025

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NEAR PEJAVAR CHURCH, MANGALURU - 574 142.

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…PETITIONERS

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(BY SRI. MELWYN DAVID MASCARENHAS, ADVOCATE) AND:

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THE STATE OF KARNATAKA THROUGH THE MANGALORE WOMEN'S POLICE STATION, (REPRESENTED BY THE STATE PUBLIC PROSECUTOR), HIGH COURT OF KARNATAKA, BANGALORE - 01.

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…RESPONDENT

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(BY SRI. M.R. PATIL, HCGP)

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THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2438/2024 (ARISING FROM CRIME NO.53/2024 OF MANGALORE WOMENS POLICE STATION) PENDING ON THE FILE OF JMFC III COURT, D.K.MANGALORE FOR THE OFFENCES P/U/S 498A, 323, 341, 506 R/W 34 OF IPC.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR

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ORAL ORDER

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The learned High Court Government Pleader accepts notice for the respondent–State.

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Based on a complaint filed by petitioner No.5, the police conducted an investigation and submitted a charge sheet against petitioner Nos.1 to 4 for offences punishable under Sections 498A, 323, 341, and 506 read with Section 34 of the IPC, alleging that the petitioners–accused Nos.1 to 4 subjected the complainant to both mental and physical cruelty.

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NC: 2025:KHC:15364 CRL.P No. 1538 of 2025

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The petitioners have annexed a copy of the decree and the joint memo filed by accused No.1 and the complainant in M.C. No.157/2024. The joint memo indicates that accused No.1 and the complainant have amicably resolved the dispute between them. In terms of the settlement, their marriage has been mutually dissolved, the custody of the child has been entrusted to the complainant with visitation rights granted to the father–accused No.1, and a sum of Rs.5,00,000/- has been paid to the complainant as permanent alimony. The complainant has agreed to withdraw all allegations against accused Nos.1 to 4 and has no objection to the quashing of the impugned proceedings.

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Although the alleged offences are cognizable and not compoundable, in view of the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise to subject the petitioners–accused Nos.1 to 4 to trial, as the probability of conviction is remote and bleak in light of the settlement. Under these circumstances, the continuation of the impugned proceedings would amount to an abuse of the process of law. Accordingly, I pass the following:

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ORDER

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i) The petition is allowed;

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ii) The impugned proceedings in C.C.No.2438/2024 (arising out of Crime No.53/2024 of Mangalore Women's Police Station), pending on the file of JMFC, III Court, D.K., Mangalore, for the offences

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NC: 2025:KHC:15364 CRL.P No. 1538 of 2025

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punishable under Sections 498A, 323, 341, 506 read with 34 of IPC are hereby quashed.

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Sd/(HEMANT CHANDANGOUDAR) JUDGE

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YN List No.: 3 Sl No.: 48 CT: BHK

Mr. Denzil Jaison Fersnandes v. the State of Karnataka

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Mr. Denzil Jaison Fersnandes v. the State of Karnataka

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