IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF DECEMBER, 2019 BEFORE THE HON' BLE MR.JUSTICE R.DEVDAS CRIMINAL PETITION NO.1229 OF 2016 BETWEEN MRS CASTELINO EVET AGED ABOUT 33 YEARS, W/O JEFRI CASTELINO, R/AT FLAT NO.1, HARI KEERTHI APARTMENT, 2ND CROSS, SHIVABHAG, KADRI, MANGALURU CITY-575 004. (BY SRI P P HEGDE, ADVOCATE) ...PETITIONER AND 1 . THE STATE THROUGH THE SUB INSPECTOR OF POLICE, MANGALURU WOMEN POLICE STATION, MANGALURU, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU.
2 . MR.JEFRI CASTELINO AGED ABOUT 40 YEARS, S/O ALEX CASTELINO, R/AT FLAT NO.1, HARI KEERTHI APARTMENT, 2ND CROSS, SHIVABHAG, KADRI, MANGALURU CITY-575 004.
…RESPONDENTS (BY SRI MAHESH SHETTY, HCGP FOR R1 R2 SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.737/2015 PENDING ON THE FILE OF JMFC (III COURT), MANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER R.DEVDAS J., (ORAL):
This petition is filed under Section 482 of Cr.P.C. by the complainant/wife. It is stated in the memorandum of petition that the marriage between the petitioner and the 2nd respondent/husband was solemnized on14.05.2002 at Shirva Village of Udupi Taluk. A male child is born out of the wed lock in the year 2004. When there was differences between the husband and wife, the petitioner/wife filed a complaint before the Mangaluru Women Police Station and a charge sheet has been filed in C.C.No.737/2015 on the file of the JMFC (III Court), Mangaluru for the offences punishable under Section 498A, 323, 504, 506 of IPC. The petitioner had also filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act, 2005 against the 2nd respondent/husband in Crl. M.C.No.38/2004 on the file of the JMFC (II Court), Mangaluru.
2. However it has been stated in the petition that the parties have settled the issue amicably in the month of April, 2015 and since then they are residing together along with child. Learned counsel for the petitioner submits that both the parties along with child are now staying in the Dubai. The prayer in the petition is to quash the proceedings in C.C.No.737/2015.
3. The learned counsel has also furnished a copy of the order sheet maintained in Crl. M.C.No.38/2014 which shows that on 18.04.2015 both the parties were present before the Court and the petitioner filed a memo not pressing the application filed under Section 12 of the PWDV Act stating that the dispute between the parties to the proceedings has been amicably settled at the intervention of the elders. Hence the petition was dismissed as not pressed.
4. In view of the above, this court is of the considered opinion that the petition is required to be allowed while quashing the proceedings in C.C.No.737/2015 on the file of the JMFC (III Court) Mangaluru. Ordered accordingly.
Sd/- JUDGE KLY/