In a quashing petition under Section 482 CrPC arising from matrimonial offences, the High Court of Karnataka allowed the petition and quashed proceedings upon a recorded settlement and dissolution of marriage.
Quashed proceedings in C.C. No. 15227/2016 for Sections 498-A, 323, 504, 354, 34 IPC.
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.
NC: 2023:KHC:23379 CRL.P No. 6260 of 2019
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 6TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 6260 OF 2019
BETWEEN:
Digitally signed by CHAITHRA A Location: HIGH COURT OF KARNATAKA
3RD BLOCK, BEL LAYOUT, VIDYARANYAPURA, BENGALURU-560097
AGED ABOUT 21 YEARS, R/O NEAR VISHAL MEDICAL STORE, DODDABOMMASANDRA, VIDYARANYAPURA, BENGALURU-560097
NC: 2023:KHC:23379 CRL.P No. 6260 of 2019
…PETITIONERS
(BY SRI. VARAPRASAD K, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI.VINAYAKA.V.S, HCGP FOR R1;
SMT.AKSHATHA.P, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN C.C.NO.15227/2016 (IN CR.NO.86/2015) OF VIDYARANYAPURA POLICE, BENGALURU) FOR THE OFFENCE P/U/S 498A,323,504,354 R/W
- 3 - NC: 2023:KHC:23379 CRL.P No. 6260 of 2019
34 OF IPC ON THE FILE OF THE COURT OF IV A.C.M.M., AT BENGALURU SO FAR AS IT RELATES TO THE PETITIONERS. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned counsel for the petitioners-accused and
learned counsel appearing for respondent No.2 have placed on record the memorandum of settlement arrived at under Section 89 of CPC read with Rules 24 and 25 of
the Karnataka Civil Procedure (Mediation) Rules, 2005 which is reported in M.C.No.3645/2018 before the I Additional Principal Judge, Family Court at Bengaluru.
3. I have perused the settlement arrived at
between the parties. In terms of the settlement, it is forthcoming that the marriage between one Naveen with respondent No.2-complainant is dissolved. It is further agreed that their son Vihaan would be under the care and custody of respondent No.2-mother. Both the spouses have made a statement that they have no claims of maintenance or permanent alimony against each other either past, present or in future.
4. The Hon'ble Apex Court in catena of judgments
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 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
1 (2017) 9 SCC 641
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.
disputes are given a quietus, then Section 482 preserves the inherent powers of the High Court and High Court in a given set of facts and circumstances of the case 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.
respondent No.2-wife has undertaken to co-operate for quashing of the proceedings. If both spouses have amicably settled their matrimonial disputes in MC.No.3645/2018 and if respondent No.2 has no objection to quash the proceedings pending in C.C.No.15227/2016, I am of the view that, to meet the ends of justice, the proceedings pending in C.C.No.15227/2016 are liable to be quashed insofar as the petitioners herein are concerned.
ORDER
(i) The Criminal Petition is allowed.
(ii) The proceedings pending in C.C.No.15227/2016 arising out of Crime No.86/2015 of Vidyaranyapura Police,
Bengaluru, for offences punishable under Sections 498-A, 323, 504, 354 read with Section 34 of IPC, pending on the file of the IV Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed.
Sd/JUDGE
List No.: 1 Sl No.: 50
1 issue framed by the court
Whether criminal proceedings in a matrimonial dispute can be quashed under Section 482 Cr.P.C. upon settlement and dissolution of marriage.
Colour shows how this judgement treated each authority
Parbatbhai Aahir & Others vs. State of Gujarat & AnotherExplained¶38
Parbatbhai Aahir & Others vs. State of Gujarat & Another (2017) 9 SCC 641 · Who else cites this
6 provisions across 2 enactments
SMT. LAKSHMIDEVI W/O D ASHWATHANARAYANA
SRI D ASHWATHANARAYANA
SMT NAMITHA W/O MUNIRAJU
SRI NITHIN S/O D ASHWATHANARAYANA
SRI MUNIRAJU S/O MUNISWAMY
THE STATE OF KARNATAKA
SACHIN SHANKAR MAGADUM
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
