The High Court of Karnataka allowed a compromise filed under Section 320 Cr.P.C. Consequently, it quashed criminal proceedings against the petitioner for offences under Sections 504 and 506 IPC arising from a matrimonial dispute.
Application under Section 320 Cr.P.C. allowed; criminal proceedings in C.C.No.614/2019 quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF APRIL, 2021
BEFORE
THE HON'BLE MR. JUSTICE H.P. SANDESH
WRIT PETITION NO.1038/2020(GM-RES)
BETWEEN:
SRI. VIVEK H.K., S/O LATE PRAKASH AGED ABOUT 40 YEARS RESIDING AT “SHAMBAVI NILAYA” 6TH ‘A’ CROSS, MARUTHI NAGAR TUMAKURU-572101. … PETITIONER
(BY SRI SUYOG HERLE E., ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA BY GULPET POLICE STATION, KOLAR-563101 REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF BUILDING BENGALURU-560001.
2 . SMT. KANJANETHRI B.S., W/O VIVEK H.K., AGED ABOUT 38 YEARS RESIDING AT “SHVIANETHRA NILAYA” B.R.M. COMPOUND, GOWRIPET KOLAR-563101. … RESPONDENTS
(BY SRI SHOWRI H.R., HCGP FOR R1; SRI R.V.ANAND, ADVOCATE FOR R2)
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THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SECTION 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.614/2019 ON THE FILE OF HONBLE II ADDITIONAL JUDGE (JUNIOR DIVISION) AND JMFC COURT AT KOLAR WHICH IS ARISING OUT OF CRIME NO.31/2019 OF GULPET POLICE STATION, FOR THE ALLEGED OFFENCES UNDER SECTIONS 504 AND 506 OF IPC VIDE ANNEXURES-A, B AND E RESPECTIVELY.
THIS WRIT PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R
This petition is filed under Articles 226 and 227 of the Constitution of India read with Section 482 of Cr.P.C. praying this Court to issue a writ in the nature of Certiorari or any other writ or order and quash the entire proceedings in C.C.No.614/2019 on the file of II Additional Judge (Junior Division) and JMFC Court at Kolar which is arising out of Crime No.31/2019 of Gulpet Police Station for the offence under Sections 504 and 506 of IPC and issue any other writ or order or direction as deems fit in the facts and circumstances of the case.
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and also abused in a filthy language. Based on the complaint, the police have registered the FIR and investigated the matter and filed the charge sheet. Hence, the present petition is filed before the Court.
STATE OF PUNJAB reported in (2012) 10 SCC 303 , held that
if the offence alleged is a matrimonial offence and not affecting the society at large but inter se between the parties, the Court may compound the offences, which have been invoked against them. In view of the principles laid down in the judgment
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referred supra, the parties are permitted to compound the offences invoked against the petitioner herein.
following:-
ORDER
(i) The application filed under Section 320
read with Section 482 of Cr.P.C. is allowed.
(ii) Consequently, the petition is allowed and the proceedings initiated against the petitioner herein in C.C.No.614/2019 on the file of II Additional Judge (Junior Division) and JMFC Court at Kolar (Crime No.31/2019) for the offence punishable under Sections 504 and 506 of IPC are hereby quashed.
Sd/JUDGE
PYR
2 issues framed by the court
Whether the criminal proceedings under Sections 504 and 506 IPC can be quashed upon compromise of the parties.
Whether Section 482 Cr.P.C. permits compounding of matrimonial offences affecting only the parties inter se.
Colour shows how this judgement treated each authority
GIAN SINGH V. STATE OF PUNJABReferred¶24
(2012) 10 SCC 303 · Who else cites this
3 provisions across 3 enactments
Sri. Vivek H.K.
The State of Karnataka
Smt. Kanjanethri B.S.
H.P. Sandesh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
