Kaushik Shekar vs State By
2023 Latest Caselaw 4103 Kant

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                                                         NC: 2023:KHC:23331
                                                           CRL.P No. 3495 of 2023




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 6TH DAY OF JULY, 2023

                                                BEFORE
                             THE HON'BLE MR JUSTICE M.NAGAPRASANNA
                                CRIMINAL PETITION NO. 3495 OF 2023
                      BETWEEN:

                      1.    KAUSHIK SHEKAR
                            S/O SHEKAR
                            AGED ABOUT 38 YEARS.

                      2.    LEELA AMIN
                            W/O SHEKAR
                            AGED ABOUT 65 YEARS

                            ABOVE 2 PETITIONERS ARE
                            OLD NO.79, NEW NO.100
                            TATABAD STREET-3, COIMBATORE
                            TAMILNADU - 641 012.

                      3.    SHYAMALA M.SUVARNA
Digitally signed by         W/O MOHAN
PADMAVATHI B K
Location: HIGH
                            AGED ABOUT 63 YEARS
COURT OF                    R/AT ANUGRAHA, GUDYAM
KARNATAKA
                            WEST THONSE, KEMMANNU
                            MOODUTHONSE
                            UDUPI DISTRICT - 576 201.
                                                                   ...PETITIONERS
                      (BY SRI LOKESHA P. C., ADVOCATE)

                      AND:

                      1.    STATE BY UDUPI WOMEN POLICE
                            REP. BY STATE PUBLIC PROSECUTOR
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                                      NC: 2023:KHC:23331
                                      CRL.P No. 3495 of 2023




     HIGH COURT BUILDING
     BENGALURU - 560 001.

2.   SMT. POOJA
     W/O KAUSHIK SHEKAR
     AGED ABOUT 30 YEARS
     R/AT BRAMARAMBIKA
     3RD CROSS ROAD
     NEAR KODIKAL KATTE, KODIKAL
     MANGALURU - 575 006.
                                                ...RESPONDENTS
(BY SMT. K.P.YASHODA, HCGP FOR R-1;
    SRI AJAY PRABHU M., ADVOCATE FOR R-2)

     THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN
C.C.NO.3700/2021 (ARISING OUT OF CR.NO.22/2020 DATED
21.10.2020) PENDING ON THE FILE OF II ADDITIONAL CIVIL
JUDGE     AND     J.M.F.C.,   UDUPI    AGAINST     THE
PETITIONER/ACCUSED NO.1 TO 3 FOR THE OFFENCE P/U/S
498A AND 504 OF IPC AND SECTION 4 OF DOWRY
PROHIBITION ACT BASED ON THE COMPLAINT LODGED BY 2ND
RESPONDENT.

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

                           ORDER

The petitioners are before this Court calling in question

proceedings in C.C.No.3700/2021 pending before the II

Additional Civil Judge and JMFC, Udupi, registered for the

offences punishable under Sections 498A and 504 of the IPC.

NC: 2023:KHC:23331 CRL.P No. 3495 of 2023

2. Learned counsel appearing for the petitioners and

respondent No.2 in unison would submit that the parties to the

lis were before the family Court in M.C.No.249/2020 and have

settled the dispute by drawing certain terms and conditions of

such annulment of marriage. The Family Court has disposed by

its judgment and decree dated 29.11.2022 and the couple have

parted their ways. A copy of the memorandum of settlement is

filed before this Court to that effect.

3. The memorandum of settlement under Section 89 of

CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure

(Mediation) Rules, 2007, reads as follows:

"e. The petitioner has agreed to withdraw the Domestic Violence case filed in Crl.M.C.No.45/2021 which is pending before the 3rd JMFC Court, Mangalore. The petitioner also agreed to compromise the case filed u/s 498A of IPC as against the respondent in C.C.No.3700/2021 (Crime NO.22/2020 of Women's Police Station, Udupi) pending before the Udupi Court and she also agreed to co-operate to quash the said case before the High Court of Karnataka at Bangalore.

f. That both the parties have voluntarily agreed to withdraw all the allegations made against each other. Further, both the parties have agreed to co-operate to get a decree of divorce from the court.

g. Both the parties hereby undertake that they will not anyway interfere with or disturb the lives of each

NC: 2023:KHC:23331 CRL.P No. 3495 of 2023

other and also with their respective families in future. In view of the aforesaid settlement, the petitioner and the respondent pray to dissolve their marriage solemnized on 29-08-2018 at Bejai Church Hall, Mangalore by a decree of divorce. Hence both the parties signed this Memorandum of Agreement."

Though the offences alleged against the petitioners in the

case at hand inter alia is one punishable under Section 498A of

the IPC, since it is a marital dispute between the husband and

wife and other members of the family of the husband, I deem it

appropriate to terminate the proceedings against the

petitioners, as the allegations are not against the State.

4. For the aforesaid reasons, I pass the following:

ORDER

(i) The criminal petition is disposed.

(ii) The proceedings in C.C.No.3700/2021 pending before the II Additional Civil Judge and JMFC, Udupi, stand quashed.

Sd/-

JUDGE NVJ