Quashed

Mr Vinay Kumar Sinha v. State of Karnataka

Karnataka HC7 Jul 2023CRL.P/5822/2019

Case brief

AI extract

What is this about?

Court quashed FIR and criminal proceedings under Section 498A IPC and Dowry Prohibition Act against husband and his relatives pending before the 6th Additional Chief Metropolitan Magistrate, Bengaluru, based on settled dispute principles.

What did the court decide?

Allowed the criminal petition; quashed proceedings in Crime No.69/2019 against accused including parents and siblings under Section 498A IPC and Dowry Prohibition Act.

Mr Vinay Kumar Sinha Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC:23729 CRL.P No. 5822 of 2019

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 7^TH DAY OF JULY, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 5822 OF 2019

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BETWEEN:

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MR VINAY KUMAR SINHA

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S/O LATE HARIKRISHNANATH SINHA AGED ABOUT 77 YEARS, R/A FLAT NO.6, RAJAS RAJKUMARI ENCLAVE, LOWER BURDWAN COMPOUND, LALPUR RANCHI-834001 JHARKHANAD

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Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA

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MRS MEENA SINHA S/O VINAY KUMAR SINHA AGED ABOUT 69 YEARS, R/A FLAT NO.6, RAJAS RAJKUMARI ENCLAVE, LOWER BURDWAN COMPOUND, LALPUR RANCHI-834001 JHARKHANAD

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MR ARAVIND KUMAR SINHA S/O VINAY KUMAR SINHA AGED ABOUT 38 YEARS, R/A FLAT NO.6, RAJAS RAJKUMARI ENCLAVE, LOWER BURDWAN COMPOUND, LALPUR RANCHI-834001, JHARKHANAD

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MRS ARTHI SINHA D/O VINAY KUMAR SINHA W/O VIKAS KUMAR AGED ABOUT 45 YEARS,

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NC: 2023:KHC:23729 CRL.P No. 5822 of 2019

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R/A K P SINHA 40 BURDWAN COMPOUND RANCHI-834001, JHARKHANAD

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…PETITIONERS

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(BY SMT. APARNA L V, ADVOCATE FOR P2 TO 4 V/O DTD: 25/03/2021, P1 IS DEAD)

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AND:

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STATE OF KARNATAKA

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WOMEN POLICE STATION (EAST ZONE), REPRESENTED BY SPECIAL PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA WOMEN POLICE STATION (EAST ZONE).

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SMT MENKA BAKSHI W/O ASHISH KUMAR SINHA NO.A2/907, DODDANEKUNDI NEAR RAINBOW HOSPITAL MARATHAHALLI OUTER RING ROAD BANGALORE CITY, KARNATAKA-560037

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…RESPONDENTS

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(BY SRI.VINAYAKA.V.S, HCGP FOR R1; MS.SLOKA.B, ADVOCATE FOR SRI.AJITH.P.B, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE FIRST INFORMATION REPORT IN FIR STANDS REGISTERED IN CRIME NO.69/2019 AT WOMEN POLICE STATION, EAST ZONE, ON THE FILE OF THE 6^th ADDITIONAL CHIEF METROPOLITAN MAGISTATE COURT, BENGALURU FOR THE OFFENCE P/U/S.498-A OF IPC AND SEC.3 AND 4 AND 6 OF DOWRY PROHIBITION ACT.

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THIS PETITION, COMING ON FOR HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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3 - NC: 2023:KHC:23729 CRL.P No. 5822 of 2019

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ORDER

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The captioned petition is filed by the parents and siblings of accused No.1 against whom respondent No.2complainant has lodged a complaint for offences punishable under Sections 498A of IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act, 1961.

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The counsel appearing for the petitioners has brought to the notice of this Court that petitioners 1 and 2 are no more. She has also filed a memo along with copy of the judgment rendered by this Court in Crl.P.No.2650/2023 wherein this Court has quashed the proceedings against husband who is accused No.1. I have perused the same.

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The Hon'ble Apex Court in catena of judgments

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has laid down certain guidelines in regard to the power of High Court to quash the proceedings. The Apex Court in the case of Parbatbhai Aahir & Others vs. State of Gujarat & Another¹ has held that power to quash

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1 (2017) 9 SCC 641

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4 - NC: 2023:KHC:23729 CRL.P No. 5822 of 2019

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criminal proceedings or complaint or FIR may be exercised where the offender and the victim have settled their dispute having regard to the nature and gravity of the crime. It is only in heinous and serious offences of mental depravity or offences like murder, rape, dacoity, cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, offences under the Prevention of Corruption Act or the offences committed by public servants cannot provide for any basis for quashing criminal proceedings involving such offences. If criminal cases are registered which are offshoot of matrimonial disputes between husband and wife and if amicable settlement is arrived at and wife concedes for quashing of the proceedings, it is well within the power of High Court to quash the proceedings under Section 482 of Cr.P.C.

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If by way of compromise, the matrimonial

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disputes are given a quietus, then Section 482 of Cr.P.C.

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5 - NC: 2023:KHC:23729 CRL.P No. 5822 of 2019

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preserves the inherent powers of the High Court and High Court in a given set of facts and circumstances of the case

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to prevent abuse of process or to secure the ends of justice, may quash the proceedings. The above said principles are squarely applicable to the present case on hand.

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If proceedings against accused No.1-husband for offences punishable under Sections 498A and Sections 3, 4 and 6 of Dowry Prohibition Act, 1961 are quashed by this Court, I am of the view that the present petition filed against the parents and siblings of accused No.1 does not survive for consideration.

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