DEEPAK DEVAIAH Vs. STATE OF KARNATAKA BY JAYANAGAR POLICE THROUGH STATE PUBLIC PROSECUTOR HIGH COURT COMPLEX BANGALORE-560 001 AND SMT. BINNY DEEPAK D/O. C.B. PONNAPPA

JUDGEMENT

(1.) THIS petition is filed to quash the proceedings in C.C. No. 45591/2010 pending trial for offences punishable under Section 49S -A and 506 IPC. The petitioner and second respondent are before this Court and they have filed a joint memo reading as hereunder: The petitioner and the respondent No. 2 herein humbly submits that the petitioner had filed G & WC No. 144/2010 and M.C. No. 1665/2010 before the Principal Judge, Family Court at Bangalore, seeking certain reliefs therein. The parties entered into a settlement agreement through the Court mediation process and have settled their disputes amicably. The said mediation report has been accepted by the Family Court. In pursuance of the settlement arrived at between the parties and put a quietus to all the disputes between the parties, the parties have also agreed that they will seek for quashing of C.C. No. 45591/2010. As such, the captioned case is filed before this Hon'ble Court and this Hon'ble Court be pleased to quash C.C. No. 45591/2010 in the interest of justice.

(2.) THE learned Counsel for parties have also enclosed the proceedings and decree made in M.C. No. 1566/2010 under which, the marriage between parties has been dissolved by a decree of divorce.

(3.) THE learned Counsel for petitioner and second respondent relying on the judgment of the Supreme Court reported in 2012 AIR SCW 445 (in the case of Shiji alias Pappu and others v. Radhika and another) submit that if the Court is satisfied that the proceedings have to quashed under Section 482 Cr.P.C. by taking into consideration, the settled principles of law and the scope of Section 482 Cr.P.C., the fact that the offences alleged in the impugned proceedings are non -compoundable would come in the way of quashing the proceedings.