This criminal petition filed under Section 482 Cr.P.C. sought to quash proceedings initiated for matrimonial offences. The court allowed the petition, quashing the criminal case after the parties compounded the offence and agreed to a settlement of Rs. 4 lakhs.
The petition was allowed and criminal proceedings in C.C. No. 5915/2020 were 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.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 5199 OF 2021
BETWEEN:
Digitally signed by SWAPNA V Location: high court of karnataka
PETITIONER NO. 1 AND 5 ARE RESIDING AT NO.81, 4TH CROSS, M.D. BLOCK, 1ST MAIN, CHAMARAJPETE, BENGALURU - 560 018
NC: 2024:KHC:35609 CRL.P No. 5199 of 2021
…PETITIONERS
(BY SRI. MOHAMED UMMAR FAROOQ, ADVOCATE)
AND:
…RESPONDENTS (BY SMT. ASMA KOUSER, ADDL. S.P.P. FOR R1, SRI. SYED AKBAR PASHA, ADVOCATE FOR R2.)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5915/2020 PROCEEDINGS INITIATED AGAINST THE PETITIONERS BY FILING THE CHARGE SHEET U/S 506, 323, 498A R/W 34 OF IPC BY THE CHAMARAJPETE P.S., CHICKPET SUB-DIVISION, BANGALORE THE SAME IS PENDING BEFORE THE 24TH ACMM, BANGALORE.
THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
NC: 2024:KHC:35609 CRL.P No. 5199 of 2021
ORAL ORDER
Learned counsel for the petitioners and respondent No.2
filed the joint memo with the signatures of petitioner No.1 and respondent No.2, which reads as under:
"JOINT MEMO FILED BY THE PETITIONERS & RESPONDENT-2 IS AS FOLLOWS:
The under signed counsels for the Petitioners and RespondentNo.2 submit that with the advice of elders and well wishers of both parties, have agreed to compromise the above case.
2. The Petitioner and the Respondent No.2 were married as per Mohammedan law, and their marriage was arranged marriage and there is no issues to them.
3. That the marital life of both parties could not run happily due to tamper mental differences, differences of opinion and incompatability between the parties, disputes and differences have been arose as such they could not continue their relationship happily for long time and in result, both of them have started living separately.
4. That the Respondent No.2 filed the above case against the Petitioners for the alleged offences punishable under Sec. 323, 324, 506, 498(a) r/w Sec. 34 of IPC and Sec. 3 and 4 of the
NC: 2024:KHC:35609 CRL.P No. 5199 of 2021
Dowry prohibition Act in their Crime no. 135/2019 (С.С. No. 5919/2020) of Chamarajapet Police Station, the same has been withdrawn by the Respondent No.2.
5. That the advice of elders and well wishers both parties have settled their disputes for full and final settlement of an amount of Rs. 4,00,000/- ( Rupees Four Lakhs only) by way of Demand Draft bearing No. 005785, dated 31-07-2024 drawn Axis Bank, New BEL Road Branch, Bengaluru.
6. The Respondent No.2 has agreed to not to make any claim of maintenance or of any kind arising with respect to this marriage and both parties have agreed the same.
7. The both parties agreed to not to interference with each other and not to claim any kind of right over the movables and immovable properties in future.
8. Thus, both have agreed to abide with the terms and conditions mentioned above with free will consent and betterment of future of both parties.
Wherefore, it is prayed that this Hon'ble court be pleased to consider this joint memo in the interest of justice."
Petitioner No.1 and respondent No.2 are present before
the Court and they are identified by their respective counsels. On enquiry with respondent No.2, she admits receipt of Rs.4
lakhs by way of Demand Draft dated 31.07.2024, as permanent alimony towards full and final settlement of claim against the petitioner. She submits that she has compromised the matter and has no objection for allowing the petition.
Satisfied with the averments made in the joint memo, the parties are permitted to compound the offence as the dispute is between the husband and wife and respondent No.2 wife has accepted Rs.4 lakhs as permanent alimony towards full and final settlement to her claim against the petitioner. Hence, I proceed to pass the following:
ORDER
(i) The petition is allowed .
(ii) Criminal proceedings in CC No.5915/2020 on the
file of the Learned XXIV Additional CMM, Bengaluru for the offence punishable under Section 323, 324, 506, 498A R/w Section 34 of IPC, is hereby quashed.
Sd/(M G UMA) JUDGE
BH List No.: 2 Sl No.: 23
2 issues framed by the court
Whether criminal proceedings for matrimonial offences be quashed upon compromise?
Whether compensation paid by the husband can be accepted as full and final settlement?
3 provisions across 3 enactments
Sri. Taheer Zaki and 4 others
State
Smt. Tasneem
M G Uma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
