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
3
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
4
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/
