Research › Search › Judgment

Karnataka High Court · body

2017 DIGILAW 96 (KAR)

H. G. Srikanth v. State of Karnataka

2017-01-11

ANAND BYRAREDDY

body2017
ORDER : Anand Byrareddy, J. Heard the learned Counsel for the petitioners. 2. The petitioner No. 1 is said to have been married to the second respondent in the year 2013. The marriage however is said to have failed and there was a criminal proceeding instituted by the second respondent for offences punishable under Sections 506, 498A, 323 read with Section 34 of the Indian Penal Code, 1860 as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961, against the Petitioner No. 1 and his mother Petitioner No. 2, However, there was also a matrimonial proceeding instituted by the first petitioner and the second respondent had instituted a petition for divorce by mutual consent. It transpires that there was also a case instituted under the Protection of Women from Domestic Violence Act, 2005 and in the course of these proceedings, the matter had been referred to mediation where it was agreed and settled that the parties would be granted a divorce by mutual consent and that the criminal proceedings pending could be closed. 3. However, since the offences alleged were non-compoundable, the proceedings could not be closed and hence the present petition. Since the memorandum of settlement arrived at the mediation is filed before the Court dealing with the Domestic Violence Act recording that the decree of divorce would be granted immediately after the criminal proceedings are quashed, the petitioners are before this Court. 4. The second respondent is also present and would plead that the criminal proceedings could be quashed in view of the settlement between the parties. 5. Accordingly, the petition is summarily allowed. The proceedings pending in C.C. No. 34578/2014 on the file of the XXIV ACMM, Bangalore, stands quashed. In terms of the compromise, a sum of Rs. 1 lakh which is paid by the first petitioner to the second respondent, is acknowledged receipt. I.A. 1/2016 is disposed of as a consequence.