Karnataka High Court
Sri Clarence Jeol D Cruz vs State Of Karnataka on 9 July, 2014
Author: S.N.Satyanarayana
Bench: S.N.Satyanarayana
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 9TH DAY OF JULY 2014
BEFORE
THE HON'BLE MR.JUSTICE S.N.SATYANARAYANA
CRIMINAL PETITION NO.7554/2013
BETWEEN :
1. SRI CLARENCE JEOL D'CRUZ,
S/O GEORGE D'CRUZ,
AGED ABOUT 34 YEARS,
R/AT D.NO. 2-3-142/2,
ASHIRWAD, KOTTARA IV CROSS ROAD,
BEJAI KAPIKAD,
MANGALORE - 575004.
2. SRI CLIVE NEVIL D'CRUZ,
S/O GEORGE D'CRUZ,
AGED ABOUT 32 YEARS,
R/AT D NO. 2-3-142/2,
ASHIRVAD, KOTTARA IV CROSS ROAD,
BEJAI KAPIKAD,
MANGALORE-575 004.
3. SRI GEORGE D'CRUZ,
S/O LATE FRANCIS D' CRUZ,
AGED ABOUT 65 YEARS,
R/AT D NO. 2-3-142/2,
ASHIRVAD, KOTTARA IV CROSS ROAD,
BEJAI KAPIKAD,
MANGALORE-575 004.
4. SMT. CELIN D'CRUZ,
W/O GEORGE D'CRUZ,
AGED ABOUT 60 YEARS,
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R/AT D NO. 2-3-142/2,
ASHIRVAD, KOTTARA IV CROSS ROAD,
BEJAI KAPIKAD
MANGALORE-575 004. ... PETITIONERS
(BY SRI NISHIT KUMAR SHETTY, ADV.,)
AND :
1. STATE OF KARNATAKA,
BY MOODABIDRE POLICE
REPRESENTED BY STATE
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560001.
2. SMT. PRAFULLA SONIYA SERRAO,
W/O CLARENCE JEOL D'CRUZ,
AGED ABOUT 28 YEARS,
R/AT SERAWO MANSION,
POONNECHARI,
MASTHIKATTE ROAD,
MOODABIDRE-574 227. ... RESPONDENTS
(BY SRI KESHAVAMURTHY, ADDL. SPP FOR R1,
M/S.AMAR CORREA ASSTS., ADVS., FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.202/2013
(CR.NO.251/2012 REGISTERED BY THE RESPONDENT
POLICE) ON THE FILE OF THE C.J. AND J.M.F.C.,
MOODBIDRE FOR THE OFFENCE P/U/Ss 341, 323, 504, 506
R/W SECTION 34 OF IPC.
THIS CRL.P COMING ON FOR FINAL HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER
This petition is filed by accused 1 to 4 in CC.No.202/2013 pending on the file of JMFC, Moodabidre, which is registered for offences punishable under Sections 341, 323, 504, 506 of IPC.
2. In this proceeding, the first petitioner was the husband of second respondent complainant. It is stated that their marriage was solemnized on 15.2.2010 in Mangalore. Thereafter, they were residing together at USA. When they were residing at USA, there were differences between the first petitioner and second respondent resulting in a divorce petition being filed seeking dissolution of their marriage in the courts at USA. Thereafter, the second respondent came to India and when she was in India, on 28.12.2012 she was accosted by her husband, brother-in-law and other family members of their family, who tried to physically assault her. Hence, a complaint was filed by the second respondent for offences punishable under Sections 341, 323, 504, 506 of IPC, which was initially registered in Crime No.251/2012 with Moodabidre Police and subsequently registered in CC.No.202/2013 and is pending on -4- the file of JMFC, Moodabidre. It is stated that subsequently, the divorce petition between the parties is disposed of granting decree of divorce annulling the marriage between first petitioner and second respondent. In the said proceeding, it is stated that the permanent alimony is also provided to the second respondent. Thereafter, at the intervention of well wishers and elders, the second respondent has come forward to withdraw the complaint that was filed by her in Crime No.251/2012 with Moodabidre police, which is subsequently registered in CC.No.202/2013. Hence, the petitioners have come up in this petition.
3. In this proceeding, the second respondent has filed an affidavit stating that in view of the settlement between the parties, the proceeding which is initiated by her against her former husband and his family members may be quashed as settled out of court. Since the offence alleged being compoundable under Section 320 of Cr.PC., the settlement arrived at between the parties is accepted. -5-
4. Accordingly, taking the affidavit filed by the second respondent on record, this petition is allowed. The proceeding in CC.No.202/2013 pending on the file of JMFC, Moodabidre, which is registered pursuant to Crime No.251/2012 with Moodabidre police, is hereby quashed.
Sd/-
JUDGE nd/-