Criminal petition under Section 482 Cr.P.C. filed to quash FIR regarding matrimonial disputes. Court observed parties entered mediation settlement and filed compounding application for offences not against State, deeming it appropriate to terminate proceedings.
Criminal petition disposed; proceedings in Crime No. 88 of 2023 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.
NC: 2024:KHC:40474 CRL.P No. 1921 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF SEPTEMBER, 2024 BEFORE
THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO.1921 OF 2024
BETWEEN:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT NO.701 ABHIMAN MANSON BIJAI CHURCH ROAD D K DISTRICT-575004.
…PETITIONERS
(BY SRI. K. RAVISHANKAR, ADV.,)
AND:
NC: 2024:KHC:40474 CRL.P No. 1921 of 2024
BENGALURU-560001.
…RESPONDENTS
(BY SRI. THEJESH P, HCGP FOR R1 SRI. JEEVAN K, ADV., FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CR.NO.88/2023 REGISTERED BY THE 1ST RESPONDENT (MANGALURU WOMANS P.S) NOW PENDING ON THE FILE OF THE III J.M.F.C COURT MANGALURU D.K., FOR THE OFFENCE P/U/S 498(A), 354 R/W 34 OF IPC AND SEC.4 OF D.P ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
| “MEMORANDUM OF AGREEMENT UNDER |
|---|
| SECTION 89 OF THE CODE OF THE CIVIL |
| PROCEDURE READ WITH RULES 24 AND 25 OF |
| THE KARNATAKA CIVIL PROCEDURE |
| (MEDIATION) RULES, 2007. |
The Petitioners above named beg to submit as follows:
The above case was referred to Mediation for resolving the dispute between the Petitioners. In the
NC: 2024:KHC:40474 CRL.P No. 1921 of 2024
course of Mediation, Petitioners have resolved their dispute and have agreed to the following terms and conditions:
Terms and Conditions
1) The Petitioners No.1 & 2 resolved the dispute with a view to avoid all litigations and to arrive at amicable settlement hereby mutually have entered into this agreement.
a) The Petitioner No.1 & 2 have after mutual and final discussion understanding all the consequences have voluntary agreed to seek dissolution of their marriage held on 30-12-2022 at SHRI SURAKSHA SABHA BHAVANA , Parkala, Near Manipal and as per Hindu Rites and Customs.
b) Both the petitioner's hereby agree and admit that they could not lead a smooth and peaceful marital life since their was serious misunderstanding between them due to irreconcilable differences and incompatibility their marriage has broken irretrievably and they have been living separately since 03/03/2023 and there are no issues born out of the said wed-lock.
c) There was serious difference of opinion cropped up between the petitioners, due to lack of mutual confidence in each other. As a result they began to live separately. They have not been able to live together and there is no possibility of any reconciliation or re-union between them. There is no compatibility between them.
d) The Petitioner and respondent hereby mutually agree to withdraw all allegations made against each other and shall not interfere in each other's life. Both the parties hereby agree that they shall not file cases/complaint's or proceedings against each other and they agree and undertakes they shall not publish, circulate or share any
information's of their personal lives to others and shall not share circulate or publish any videos, photographs or any other personal material.
f) Both the parties shall withdraw all cases filed as against each other before the various courts of law as well as before the Police stations/Authorities by making suitable arrangements either by way of compounding or compromising etc and they have agreed that they shall co-operate with each other in withdrawing all such pending cases and complaints and they have also agreed to exchange all their Gold/Jewellery, valuables as already agreed upon between them before the Court before the next date of their appearance before the Court kept for accepting the mediation agreement entered into between them.
g) Both the parties agree that except as agreed as above there are no mutual claims of whatsoever nature between them either in respect of movables or immovables or any monetary claims in respect of Alimony maintenance etc of whatsoever nature.
h) Both the Petitioners have made their best efforts at the intervention of their relatives, friends, well wishers and in the Mediation Proceedings to save the matrimony. But as there is no chance of reconciliation or reunion between them, they have agreed to dissolve their marriage by mutual consent. Both the Petitioners to this agreement have arrived at this agreement on their own free will, voluntarily and without any undue influence and coercion, or there is no collusion between the parties while arriving at this agreement.
2) In view of the aforesaid agreement entered into between the parties, the Petitioners pray that the Hon'ble Court may be pleased to dissolve their marriage solemnized 30-12-2022 at SHRI
SURAKSHA SABHA BHAVANA , Parkala, Near Manipal by granting a decree of divorce by mutual consent
3) Parties to appear before the Hon'ble 1st Addl. Family Court on 21-10-2024 for passing necessary Orders/decree in terms of the above said agreement.”
(emphasis supplied)
and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in this petition.
ORDER
read with Section 34 of the IPC and Section 4 of the Dowry Prohibition Act against the petitioners, stand quashed .
Sd/(M.NAGAPRASANNA) JUDGE
RK List No.: 1 Sl No.: 103
2 issues framed by the court
Whether criminal proceedings under Sections 498A, 354 IPC, and Dowry Prohibition Act can be quashed upon filing of a compounding application and settlement agreement.
Whether the court has jurisdiction to accept compounding and terminate proceedings in matrimonial disputes under Section 482 Cr.P.C.
5 provisions across 3 enactments
HITHESH JOSHY SHIRIYA
DR. S.HAREESH JOSHY
BRINDA H. JOSHY
THE STATE OF KARNATAKA
SHRIDVIDYA .R
M. NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
