The Court allowed a criminal petition under Section 482 CrPC to quash an FIR. The parties settled under a compromise agreement, leading the Court to terminate proceedings against the petitioners.
Criminal petition allowed; proceedings in Crime No.97/2020 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 05TH DAY OF APRIL, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.989 OF 2021
BETWEEN:
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KALLERI, KARAYA VILLAGE BELTHANGADY TALUK D.K.DISTRICT – 574 326.
... PETITIONERS
(BY SRI SRIRAMULU M., ADVOCATE FOR SRI B.LETHIF, ADVOCATE (PHYSICAL HEARING))
AND:
... RESPONDENTS
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR IN CRIME NO.97/2020 OF UPPINANGDI POLICE STATION, D.K. DISTRICT FOR THE OFFENCES P/U/S.498A, 506, 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT,
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PENDING ON THE FILE OF PRINCIPAL SENIOR CIVIL JUDGE AND JMFC AT BELTHANGADI, D.K.DISTRICT.
THIS CRIMINAL PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in Crime No.97/2020 pending on the file of the Principal Senior Civil Judge and JMFC, Belthangadi, D.K.District, registered for the offences punishable under Sections 498A, 506 and 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
“JOINT AFFIDAVIT
Xxxxxx
3. I state that, the Petitioner No.1/accused No.1 filed a suit in O.S.No.48/2020 seeking decree against
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me declaring the marriage solemnized on 10/03/2019 is null and void.
4. I state that, during the pendency of the case, we resolved our dispute with the intervention of the family members and the well wishers and executed an agreement on 21/01/2022 and filed a compromise petition on 31/01/2022 in O.S.No.48/2020 and the Hon’ble Court decreed the suit in terms of compromise petition on 01/02/2022.
5. I state that, I have agreed to withdraw the complaint filed in Crime No.97/2020 and I have no objection to quash the proceedings against the Petitioners and I have no other claims against the Petitioners and I am filing this Affidavit with my conscious mind, without any force, threat or coercion and signed this Affidavit by knowing the contents.”
In the light of the terms of settlement, which also narrates with regard to the present proceedings, I deem it appropriate to terminate the proceedings against the petitioners.
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ORDER
Sd/JUDGE
nvj CT:MJ
2 issues framed by the court
Whether criminal proceedings under Sections 498A, 506, IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 can be quashed upon settlement.
Whether the High Court can exercise its inherent powers under Section 482 CrPC to quash FIR based on joint affidavit of compromise.
3 provisions across 3 enactments
Abdul Samad U.
K.U.Yakub
Bipathuma
B.Sultan Saheb
B.K.Abdulla
The State of Karnataka
M. Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
