Single Judge allowed quashing of FIR under Section 482 Cr.P.C. after parties submitted a joint settlement memo and proof of payment in a matrimonial dispute involving dowry offenses.
The entire proceedings in Crime No.45/2024 were quashed as against the petitioners given the settlement agreement.
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:41956 CRL.P No. 7528 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF OCTOBER, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 7528 OF 2024
BETWEEN:
Digitally signed by NANDINI MS Location: High Court of Karnataka
BOTH PETITIONER NO.1 & 3 R/AT NO.29 HOSAHALLI UPPARAHALLI, CHIKKAPURA CHALLAKERE, CHITHRADURGA TALUK CHITHRADURGA DISTRICT - 577 520 PRESENTLY RESIDING AT NO.201, A BLOCK KRISHNA ARYA ELEGANCE, YPR INDUSTRIAL SUBURB, MAHALAKSHMI LAYOUT BENGALURU CITY, KARNATAKA.
PRESENTLY R/AT NO.1342. 60 FEET MAIN ROAD D BLOCK AECS LAYOUT KUNDANAHALLI BENGALURU - 560 037.
…PETITIONERS
(BY SRI VINITHA P.C, ADV.)
AND:
…RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R-1;
NC: 2024:KHC:41956 CRL.P No. 7528 of 2024
SRI GOPALAKRISHNA MURTHY, ADV., FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.45/2024 NORTH WOMEN POLICE STATION REGISTERED BY THE 1st RESPONDENT POLICE, FOR THE OFFENCES P/U/S 498-A,506,34 OF IPC, SEC. 3 AND 4 OF DP ACT, ON THE COMPLAINT MADE BY THE 2nd RESPONDENT ON 12.06.2024, PENDING ON THE FILE OF XXXII ACMM, NRUPATUNGA ROAD, BANGALORE CITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
considering the nature of dispute between the parties, the prayer made in the petition may be allowed.
"2. Petitioners have sought for quashing of the complaint dated 12.6.2024 made by me and FIR in crime No.45/2024 registered by 1st respondent for the offences punishable under section 498A, 506, 34 of IPC and section 3 & 4 of Dowry prohibition Act. Subsequent to this petition I have entered appearance in M.C.No.3517/2024 which was filed by 1st petitioner/my husband for decree of divorce. On consent of both myself and 1st petitioner the said petition was referred to mediation and myself and 1st petitioner have participated in the mediation proceedings voluntarily. Now myself and 1s petitioner have agreed to dissolve the marriage dated 25.11.2020 held at Swayamprabha Kalyana Mantapa, Kamakshipalya Bengaluru by drawing an agreement in the mediation. On 15.10.2024 accordingly mediation agreement is drawn. As per the terms and conditions of said agreement I have to receive Rs.5,00,000/- from Petitioner No.1 by way of demand draft bearing No. 484235 dated
09.10.2024 drawn on State Bank of India, Bangalore and the same is paid on 16.10.2024 in the High Court. In so far as our belongings are concern, I have received gold Bracelet, a gold finger ring from Petitioner No.1 at the same time I have handed over gold Mangalsutra (Chain), gold finger ring, a gold pendant and sum of Rs. 20,000/towards the 4 gram thali bottu to petitioner No.1. As per the terms and conditions of the agreement I have agreed to appear on 16.10.2024 in criminal petition No. 7528/2024 and co-operate for quashing of the complaint dated 12.6.2024 FIR in crime No.45/2024 registered against 1st petitioner and his family members and I have agreed the same. Apart from this both myself and 1st petitioner have no claims against each other. Accordingly agreement was drawn on 15.10.2024 and the same is sent to IV Additional Principal Judge Family Court for affirming the agreement and draw a decree of divorce. In view of the settlement agreement drawn on 15.10.2024 in mediation and the judgement and decree dated 15.10.2024 in M.C.No.3517/2024. The complaint dated 12.6.2024 filed by me and FIR in crime No.45/2024 may be quashed against 1st petitioner and his family members."
NC: 2024:KHC:41956 CRL.P No. 7528 of 2024
person before the Court along with her advocate. She has acknowledged receipt of the same. Considering the fact that the dispute between the parties has been amicably settled and the alleged offences are all compoundable in nature, I am of the opinion that the prayer made in the Joint Memo as well as in the petition requires to be allowed. Accordingly, the following order:-
SD/(S VISHWAJITH SHETTY) JUDGE
DN
1 issue framed by the court
Whether the FIR under Section 498-A IPC should be quashable upon the filing of a joint settlement memo?
3 provisions across 3 enactments
Madhu J
Jayappa B
Nethravathi
Murali J
Shilpa J
Prashanth Mugali Shivamurthy
Vishwajith Shetty
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
Vishwajith Shetty
