GOVIND SHIVKUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner is before this Court calling in question entire proceedings in Special C.C.No.138 of 2022 connected with Special C.C.No.982 of 2019 arising out of a crime registered in Crime No.101 of 2019 on a reference being made in P.C.R.No.25 of 2019 by the learned Sessions Judge for offences punishable under Ss. 354, 354A, 370, 504 and 509 of IPC r/w Ss. 7, 8, 9, 10, 11 and 12 of Protection of Children from Sexual Offences Act, 2012 r/w Juvenile Justice (Care and Protection of Children) Act, 2000.

(2.) Brief facts that lead the petitioner to this Court in the subject petition, as borne out from the pleadings, are as follows:-

(3.) After drawing up of the aforesaid terms of settlement, the mother of the child leaves to United States on 30/12/2018 to complete her further studies. At that point in time, the child stayed with the 2nd respondent/father for over five months. The mother returns to India and on 5/5/2019 called upon the 2nd respondent to hand over the child to her custody in terms of the settlement agreement. This appears to have been refused by the 2nd respondent. Not stopping at that, the 2nd respondent on 27/5/2019 filed Guardian and Wards case in G and WC No.149 of 2019 before the Family Court seeking custody of the child. The mother then files an execution petition in E.P.No.108 of 2019 seeking restoration of custody of her daughter in terms of the settlement agreement. Therefore, two proceedings sprang from one act of the 2nd respondent not returning the child to the mother.