Husband and in-laws sought quashing of matrimonial-offence proceedings after the parties settled the dispute, dissolved the marriage and the wife received permanent alimony. Relying on Parbatbhai Aahir, the High Court allowed compounding leave and quashed the entire proceedings to prevent abuse of process.
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 5TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO.798 OF 2024
BETWEEN:
Digitally signed by ALBHAGYA Location: HIGH COURT OF KARNATAKA
ALL ARE R/AT NO.306 40TH CROSS 19TH MAIN, 5TH BLOCK 1ST STAGE, H B R LAYOUT BENGALURU - 560 043
…PETITIONERS
(BY SRI.RAJESH KUMAR V, ADVOCATE FOR SRI.P.NEHRU, ADVOCATE)
NC: 2024:KHC:4900 CRL.P No. 798 of 2024
AND:
REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU 560 001
…RESPONDENTS
(BY SRI.M.R.PATIL, HCGP FOR R.1; SRI.SRINATHA, B.V., ADVOCATE FOR SRI.M.R.NANJUNDA REDDY, ADVOCATE FOR R.2)
THIS CRL.P IS FILED U/SEC.482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.4898/2023 (ARISING OUT OF CR.NO.232/2022 OF RESPONDENT NO.1, EAST ZONE WOMEN POLICE STATION) AGAINST THE PETITIONERS FOR
THE OFFENCE P/U/SEC 34, 498A, 504 AND 323 OF IPC AND SEC.3 AND 4 OF D.P. ACT, PENDING ON THE FILE OF LEARNED VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This matter is de-linked from Crl.P.No.580/2023.
under Section 482 read with Section 320 of Cr.P.C seeking leave of the Court to quash entire proceedings in
NC: 2024:KHC:4900 CRL.P No. 798 of 2024
C.C.No.4898/2023 pending on the file of learned VI Additional Chief Metropolitan Magistrate, Bengaluru. In view of amicable settlement recorded in M.C.No.5388/2023, respondent No.2 – wife and petitioner No.1 – husband have amicably settled the matter and
have resolved to dissolve the marriage. In view of settlement, respondent No.2 – wife has received a sum of Rs.8,00,000/- towards permanent alimony and she has undertaken to withdraw criminal proceedings and therefore, requests this Court to compound the offences.
who is present before this Court, states that she accepts contents of the affidavit, which is placed on record before this Court. She has also made a statement before this Court that the dispute is amicably resolved and the marriage is dissolved and she has also received an amount of Rs.8,00,000/- towards permanent alimony.
NC: 2024:KHC:4900 CRL.P No. 798 of 2024
Court is of the view that to do substantial justice and to prevent abuse of process of law, the proceedings are liable to be quashed.
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 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
1 (2017) 9 SCC 641
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.
Accordingly, application – I.A.No.1/2024 filed
under Section 482 read with Section 320 of Cr.P.C is hereby allowed. Consequently, the Criminal Petition is
NC: 2024:KHC:4900 CRL.P No. 798 of 2024
allowed and the entire proceedings pending in C.C.No.4898/2023 pending on the file of learned
VI Additional Chief Metropolitan Magistrate, Bengaluru for the offence punishable under Sections 34, 498A, 504 and 323 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 are hereby quashed.
Pending applications, if any, are also disposed off.
Sd/-
JUDGE
NBM
List No.: 1 Sl No.: 48
1 issue framed by the court
Whether criminal proceedings arising from a matrimonial dispute can be quashed under Section 482 Cr.P.C on amicable settlement between husband and wife?
Colour shows how this judgement treated each authority
Parbatbhai Aahir & Others vs State of Gujarat & AnotherRelied on¶6
(2017) 9 SCC 641 · Who else cites this
8 provisions across 3 enactments
Thimma Reddy K H
K.T.Hanumantha Reddy
Yeshodha
Anitha
State by East Zone Women P S Bengaluru
Monika
Sachin Shankar Magadum
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
