The Criminal Petition No.102084 of 2019 is filed seeking

quashing of proceedings in C.C.No.1919 of 2014 registered for

the offences punishable under Sections 498A, 323, 504 and 506

of the Indian Penal Code, 1860, pending before the Principal

JMFC Court, Gokak. Criminal Petition No.102085 of 2019 is filed

seeking quashing of proceedings registered under Section 12 of

the Domestic Violence Act, 2005 (‘the Act’ for short) in Criminal

Miscellaneous No.59 of 2017 pending before the Civil Judge and

JMFC, Banahalli.

Both these petitions are clubbed together and taken

up for disposal in the light of the fact that the parties to the lis

in both these cases are same and the facts giving rise to the

impugned proceedings are also same. In this order the parties

will be referred to as obtaining in Criminal Petition No.102084 of

2019.

In Criminal Petition No.102084 of 2019 petitioner is

the husband of the 2^nd respondent/complainant. Marriage

between the petitioner and the 2^nd respondent took place on

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18.3.2001 and from out of the wedlock it appears that the

couple has three children. The relationship between the

petitioner and the 2^nd respondent did not go well and ended in

divorce on 20.1.2007 in accordance with the customs of parties.

After divorce between the petitioner and the 2^nd

respondent, the 2^nd respondent files a complaint before the

jurisdictional police at Gokak Town against the petitioner and his

mother alleging offences punishable under Sections 323, 504,

498A and 506 of the IPC. The proceedings after filing of the

charge sheet were in C.C.No.1639 of 2017. After a full-fledged

trial, the petitioner and his mother were acquitted of the

offences by an order dated 8.7.2013. This order of acquittal

became final.

5.

During the same time when the 2^nd respondent had

registered a complaint before the jurisdictional police at Gokak,

she had also registered a complaint on 16.5.2007 in Marihal

Police Station against the petitioner, his mother and brother

alleging offences punishable under Sections 498A, 506 read with

Section 34 of the IPC. Cognizance was taken in this proceeding

as well in C.C.No.1889 of 2007 and after a full-fledged trial, the

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petitioner and other family members of the petitioner were

acquitted of the offences. This acquittal also became final.

6.

A third complaint had been registered by the 2^nd

respondent/wife at a different police station on 12.9.2007 for

the offences punishable under Sections 498A, 506 and 307 of

the IPC. Since the offence under Section 307 was made, it

became a Sessions Case in S.C.No.32 of 2008. This also ended

in acquittal of the petitioner for the alleged offence. Therefore,

three proceedings were instituted by the 2^nd respondent/wife

and all three were after divorce. In those proceedings the

petitioner and his family members were acquitted of whatever

offences that were alleged in all three proceedings and all the

three acquittals have become final. After the aforesaid acquittals

attaining finality, the 2^nd respondent again files a complaint

before the Police at Gokok Police Station in Crime No.396 of

2013 for offences punishable under Section 498A, 323, 504 and

506 of the IPC in which cognizance is taken and proceedings are

pending in C.C.No.1919 of 2014 before the learned Magistrate

at Gokok. It is this proceeding that is called in question in the

subject Criminal Petition.

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7.

Criminal Petition No.102085 of 2019 also arise out

of the very marriage between the petitioner and the 2^nd

respondent. This time the proceedings are initiated invoking the

provisions of the Act in Criminal Miscellaneous No.59 of 2017 for

the offence punishable under Section 12 of the Act. Other facts

that are narrated in the connected criminal petition being

identical are not reiterated. The proceedings under the Act are

called in question on the ground that there cannot be invocation

of Act in the year 2017 ten years after the divorce between the

petitioner and the 2^nd respondent.

8.

Heard the learned cou