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2025 DAILYLAW 70325 (KAR)

MR JOEL JIM MONTEIRO v. STATE OF KARNATAKA

CRL.P/2957/2025 · 2025-09-01

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:34147 CRL.P No. 2957 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 2957 OF 2025 BETWEEN: 1. MR. JOEL JIM MONTEIRO AGED ABOUT 36 YEARS, SON OF NORBERT MONTEIRO, NO.122, 1ST FLOOR, SAPPHIRE, NEXT TO BETHEL CHURCH, 5TH CROSS, RAJANNA LAYOUT, HORAMAVU, BANGALORE - 560 043. 2. MRS. LEENA MONTEIRO, AGED ABOUT 64 YEARS, WIFE OF NORBERT MONTEIRO NO.122, 1ST FLOOR, SAPPHIRE, NEXT TO BETHEL CHURCH, 5TH CROSS, RAJANNA LAYOUT, HORAMAVU, BANGALORE - 560 043. …PETITIONERS (BY SRI. REGO L P E., ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST ZONE WOMEN P.S, SHIVAJINAGAR NAGAR, BENGALURU - 560 051. REPRESENTED HEREIN BY STATE PUBLIC PROSECUTOR, Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:34147 CRL.P No. 2957 of 2025 HIGH COURT OF KARNATAKA, BANGALORE - 01. 2. POOJA IYER, AGED ABOUT 34 YEARS, WIFE OF JOEL JIM MONTEIRO, NO.H-301, GOLDEN STAR APARTMENTS, HOODI CIRCLE, MAHADEVAPURA POST, BANGALORE - 560 048. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. ARUN GOVINDRAJ, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET DATED 13.06.2024 FILED IN C.C.NO.61742/2024 UNDER THE PROVISIONS OF SEC. 498A, 509, 504 AND 506 OF THE IPC, 1860 BY THE EAST WOMEN P.S (EAST ZONE WOMENS PS) ON THE FILE OF THE HON'BLE 11TH ACMM, COURT, MAYOHALL, BANGALORE CITY AS PER ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER The petitioners who are the husband and mother-in- law have filed this petition seeking quashing of the proceedings in C.C.No.61742/2024 for the offences punishable under Sections 498(A), 509, 504 and 506 of IPC. - 3 - HC-KAR NC: 2025:KHC:34147 CRL.P No. 2957 of 2025 2. Today, a joint memo has been filed by both parties, indicating that petitioner No.1/accused No.1 and respondent No.2/defacto complainant, who is the wife of the petitioner, have amicably resolved their matrimonial dispute. It is stated that in M.C.No.4541/2025, the parties have entered into a settlement, under which the marriage between them stands dissolved by mutual consent. As per the terms of settlement, respondent No.2 has agreed to receive a total sum of Rs.10,00,000/- (Rupees Ten Lakhs only) towards full and final settlement of all her claims. It is further submitted that, in view of such settlement, respondent No.2 has agreed to withdraw all allegations made in the complaint and is willing to have the proceedings in C.C.No.61742/2024 quashed. 3. On a specific query put forth by this Court, respondent No.2, who is personally present, affirms the fact of settlement entered into in M.C.No.4541/2025. She submits that she has already received a sum of Rs.5,00,000/- (Rupees Five Lakhs only) before the Family - 4 - HC-KAR NC: 2025:KHC:34147 CRL.P No. 2957 of 2025 Court, and the balance amount of Rs.5,00,000/- (Rupees Five Lakhs only) has been handed over to her today by way of Demand Draft. She, therefore, prays that in view of the settlement having been fully acted upon, the proceedings pending before the trial Court be quashed. 4. Though the offence punishable under Section 498(A) of the IPC is not, in strict terms, compoundable under Section 320 of Cr.P.C., it is well settled that in cases arising out of matrimonial discord, where the parties have resolved their dispute amicably, this Court can exercise its inherent powers under Section 482 Cr.P.C. to secure the ends of justice. Having regard to the fact that the present case arises out of a matrimonial dispute and no heinous or grave offences are involved, this Court finds it just and proper to accept the settlement and put an end to the proceedings, thereby preventing abuse of process and ensuring that the parties may lead their lives peacefully. Accordingly, the joint memo is taken on record. - 5 - HC-KAR NC: 2025:KHC:34147 CRL.P No. 2957 of 2025 5. In view of settlement, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The entire proceedings in C.C.No.61742/2024, pending on the file of the learned 11th ACMM Court, Mayo Hall, Bengaluru, for the offences punishable under Sections 498(A), 509, 504 and 506 of IPC, in so far as they relate to the petitioners herein, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 2 Sl No.: 63