1
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)
2
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
divorce by mutual consent. Incidentally they had also
agreed that to give a quietus to the controversy between
3
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
ykl
