Petitioner sought quashing of criminal proceedings under Sections 498A and 506 IPC. Court allowed the petition after noting settlement and divorce decree, applying Section 482 Cr.P.C.
Criminal Petition allowed; charge sheet in C.C. No.100/2021 for offences under Sections 498A, 506 and 323 IPC quashed.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2021
BEFORE
THE HON’BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.5637 of 2021
BETWEEN
SRI NARAYANA T., S/O. THAMMAIAH, AGED ABOUT 47 YEARS, RESIDING AT 24/1C, 1ST MAIN ROAD, 7TH CROSS, DEEPANJALINAGARA, MYSORE ROAD, BENGALURU – 560 026.
…PETITIONER
(BY SRI MAHESH S., ADVOCATE)
AND
…RESPONDENTS
(BY SMT. VEENA M., ADVOCATE for R-2)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST PETITIONER IN C.C.No.100/2021 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 506 AND 323 OF THE INDIAN PENAL CODE INITIATED BY THE 1ST RESPONDENT POLICE PENDING ON THE FILE OF THE HON’BLE 24TH A.C.M.M., BENGALURU.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY THE COURT MADE THE FOLLOWING:
ORDER
Smt. Veena M, learned counsel files vakalath for respondent No.2.
The petitioner along with his learned counsel is present before the Court.
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No.146/2020 for the offences punishable under Section 498A and 506 of IPC and also filed charge sheet including the offence punishable under Section 323 of IPC. During the pendency of the Criminal Proceedings, the petitioner approached this Court for quashing the proceedings against him. In the meantime, the parties have settled their dispute between them before the II Additional Principal Judge, Family Court, Bengaluru, in M.C.No.5077/2020 and a decree has been obtained for divorce by consent. As per the terms of the settlement between the parties at Bengaluru Mediation Center in Criminal Miscellaneous No.470/2020, the respondent has given consent for quashing the criminal proceedings.
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proceedings under Section 498A of Cr.P.C., where the parties have settled the dispute between themselves and where the dispute does not involve the larger interest of the State, but it is the dispute between two individuals and family members. Therefore, in view of the guidelines issued by the Hon’ble Supreme Court, I am of the view that the parties have compounded the offence and the criminal proceedings require to be quashed.
Sd/JUDGE
PTJ/ mv
3 issues framed by the court
Whether criminal proceedings under Sections 498A and 506 IPC can be quashed upon settlement and divorce decree between parties.
Whether the dispute involves larger interest of the State or is between two individuals.
Did the parties compound the offence to permit quashing under Section 482 Cr.P.C.?
Colour shows how this judgement treated each authority
Gian Singh vs. State of Punjab and anotherRelied on¶29
Gian Singh vs. State of Punjab and another, 2012 CRI.L.J.4934 · Who else cites this
2 provisions across 1 enactments
Sri Narayana T.
State of Karnataka
Smt. Veena M.
K.Natarajan
As recorded by the court registry
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