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Mrs Castelino Evet vs The State on 9 December, 2019

1

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.
…PETITIONER
(BY SRI P P HEGDE, ADVOCATE)

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)
2

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, Section323, Section504, Section506 of IPC. The petitioner had also

filed a complaint under Section 12 of the Protection of
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Women from SectionDomestic 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
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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/

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