Husband and in-laws sought quashing of proceedings for offences under Sections 498A, 504, 506, 313 IPC and Sections 3, 4 Dowry Prohibition Act. The couple settled through mediation and resumed cohabitation; the Court recorded the settlement and quashed the proceedings.
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NC: 2024:KHC:41657 CRL.P No. 394 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 15TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 394 OF 2022
BETWEEN:
Digitally signed by KAVYA G Location: High Court of Karnataka
…PETITIONERS
(BY SRI. H. DEVENDRAPPA, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. RANGASWAMY R., HCGP FOR R1; SRI. D.C. JAGADEESH, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S. 482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE 2ND RESPONDENT ON THE BASIS OF COMPLAINT BEFORE THE MAHALAKSHMIPURAM P.S., IN C.C.NO.26193/2018 FOR THE OFFENCE P/U/S 504, 506, 498A, 313 AND 307 OF IPC AGAINST THE PETITIONERS / ACCUSED AND PENDING BEFORE THE CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
NC: 2024:KHC:41657 CRL.P No. 394 of 2022
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.26193/2018 registered for offences punishable under Sections 504, 506, 498A, 313 read with Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
order:
"Heard Sri Pawan Kumar, learned counsel for the petitioners.
The petitioners are before this Court calling in question the proceedings in C.C.No.26193/2018, pending on the file of the Chief Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 504, 506, 498A, 313, 307 and Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. A complaint is registered by respondent No.2 – wife against the husband and other members of the family. Pursuant to the registration of the said complaint in C.C.No.26193/2018, the husband and the wife –
NC: 2024:KHC:41657 CRL.P No. 394 of 2022
respondent No.2 have entered into a settlement before the Mediation Center, Family Court.
Learned counsel for the petitioners submits that the husband and wife are living together pursuant to their withdrawal of divorce petition in Crl.Misc.No.491/2016. The compromise is entered into on 11.07.2017, after registering of the impugned complaint, which happened on 01.01.2016.
In the light of the settlement arrived at between the husband and wife and the fact that they are living together, permitting further proceedings to continue in the C.C.No.26193/2018, would result in miscarriage of justice albeit, prima facie.
Therefore, there shall be an interim order of stay of further proceedings in C.C.No.26193/2018, pending on the file of the Chief Metropolitan Magistrate, Bengaluru, till the next date of hearing.
Office objections to be complied in the next 24 hours."
4. During the pendency of the petition, the parties i.e.,
the husband and wife have settled the dispute and are now said
to be living together. The parties were also before the concerned Court in O.S.No.293/2015, where they have settled
the dispute after the matter being referred to mediation. The terms of settlement would include co-operation for closure of these proceedings. The terms of settlement, reads as follows:
NC: 2024:KHC:41657 CRL.P No. 394 of 2022
amicably settled their dispute and forget their past difference and lead a happy married life in the welfare of their children.
wife are now living together, I deem it appropriate to record the said settlement and close the proceedings qua the husband.
ORDER
(i) The petition is disposed; and
NC: 2024:KHC:41657 CRL.P No. 394 of 2022
Sd/(M.NAGAPRASANNA)
JUDGE
KG List No.: 2 Sl No.: 2 CT: BHK
1 issue framed by the court
Whether criminal proceedings in C.C.No.26193/2018 for dowry and cruelty offences should be quashed given the marital settlement between husband and wife.
2 provisions across 2 enactments
Mohammed Hanif
Shameem Banu @ Shanu
Smt. Banu
Karimulla Khan
The State of Karnataka, by Mahalakshmipuram Police Station
Smt. Farzana
M.Nagaprasanna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
