Mr J S Chandrasekaran vs State Of Karnataka on 6 April, 2017

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6th DAY OF APRIL, 2017

BEFORE

THE HON’BLE MR. JUSTICE ANAND BYRAREDDY

CRIMINAL PETITION NO.1241 OF 2017

Between:

Mr. J.S. Chandrasekaran,
Aged about 57 years,
S/o John Solomon,
Sub – Inspector, CBI, Ganganagar,
R.T. Nagar Post, Hebbal,
Bengaluru – 560 032. …Petitioner

(By Shri. Desu Reddy G., Advocate)

And:

1. State of Karnataka,
By Basavanagudi Women Police Station,
Represented by Public Prosecutor,
Bengaluru.

2. Mrs. Lydia Chandrasekaran,
Aged about 61 years,
R/at No.828, 17th F Main,
6th Block, Koramangala,
Bengaluru – 560 047. …Respondents

(By Shri. Vijayakumar Majage, Addl. SPP for R1;
Smt. Sowmya Lakshmi Bhat, Advocate for R2)
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This Criminal Petition is filed under Section 482 of
Cr.P.C. praying to quash the entire proceedings in
C.C.No.22188/2012 pending on the file of II Addl. C.M.M.,
Bangalore.

This Petition coming on for admission this day, the
Court made the following:-

ORDER

Learned counsel Smt. Sowmya Lakshmi Bhat files

vakalath for the respondent No.2. It is stated that the

petitioner had married respondent No.2 in the year 1986.

But their marriage did not last long and there were

differences since the year 2010 and this also lead to a

criminal case filed by the respondent No.2 for offence

punishable under Section 498A and other provisions of the

Indian Penal Code, 1860 which is pending consideration. It

transpires that a petition for divorce was filed under the

Divorce Act, 1869 and the matter having been referred to

Mediation there was a settlement whereby they agreed for

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divorce by mutual consent. Incidentally they had also

agreed that to give a quietus to the controversy between
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them even a criminal case could be closed and accordingly

the divorce petition having been decreed the present

petition is filed in order that the criminal proceedings be

quashed. As the allegation pertaining to a non

compoundable offence keeping in line with the judgment of

the Supreme Court in the case of Gian Singh vs. State of

Punjab and another, 2012 (10) SCC 303 the petition is

summarily allowed. The proceedings pending in case

number C.C. No.22188/2012 on the file of the II Additional

Chief Metropolitan Magistrate, Bengaluru stands quashed.

Sd/-

JUDGE

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