H.G. SRIKANTH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) Heard the learned Counsel for the petitioners.

(2.) The petitioner No. 1 is said to have been married to the second respondent in the year 2013. The marriage however is said to have failed and there was a criminal proceeding instituted by the second respondent for offences punishable under Sections 506,498A, 323 read with Sec. 34 of the Indian Penal Code, 1860 as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961, against the Petitioner No. 1 and his mother Petitioner No. 2, However, there was also a matrimonial proceeding instituted by the first petitioner and the second respondent had instituted a petition for divorce by mutual consent. It transpires that there was also a case instituted under the Protection of Women from Domestic Violence Act, 2005 and in the course of these proceedings, the matter had been referred to mediation where it was agreed and settled that the parties would be granted a divorce by mutual consent and that the criminal proceedings pending could be closed.

(3.) However, since the offences alleged were non-compoundable, the proceedings could not be closed and hence the present petition. Since the memorandum of settlement arrived at the mediation is filed before the Court dealing with the Domestic Violence Act recording that the decree of divorce would be granted immediately after the criminal proceedings are quashed, the petitioners are before this Court.