Criminal Petition filed to quash proceedings regarding matrimonial offences under IPC and DP Act. High Court accepted settlement affidavit, noted parties living happily, permitted compounding, and quashed the criminal proceedings.
The petition was disposed of and the proceedings in C.C. No. 42/2024 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.
NC: 2024:KHC:37249 CRL.P No. 9178 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF SEPTEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9178 OF 2024
BETWEEN:
BOTH ARE R/AT RAMAMANDIRA STREET N.R.EXTENSION, CHINTAMANI CHIKKABALLAPURA DISTRICT – 563 125.
…PETITIONERS
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(BY SRI. RAJASHEKARA REDDY V., ADVOCATE)
AND:
NC: 2024:KHC:37249 CRL.P No. 9178 of 2024
CHIKKABALLAPURA DISTRICT – 563 125.
…RESPONDENTS
(BY SRI. THEJESH P., HCGP FOR R1; SRI. T.R.RAJAGOPAL, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.42/2024 (CR.NO.205/2023) OF CHINTHAMANI TOWN P.S. CHIKKABALLAPURA DISTRICT REGISTERED FOR THE OFFENCE P/U/S 498(A), 323, 504 OF IPC AND SEC.3, AND 4 OF D.P ACT PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND J.M.F.C COURT AT CHINTHAMANI CHIKKABALLPURA DISTRICT AGAINST THE PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.42/2024, pending before the Principal Civil Judge and JMFC Court, Chintamani, Chikkaballapura District, for the offences under Sections 498A, 323 and 504 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.
NC: 2024:KHC:37249 CRL.P No. 9178 of 2024
settlement. They would submit that the parties to the lis are living together happily and respondent No.2 is staying with her husband and his family members since then. The parties have filed an application under Sections 320(2) r/w. 482 of the Cr.P.C., seeking permission to compound the offences along with an affidavit to that effect before this Court. One of the conditions of the settlement recognizes the closure of the present proceedings.
the application, reads as follows:
“1. We state that 1st petitioner is the husband, 2nd petitioners mother-in-law and 2nd respondent is the wife of the 1st petitioner in the above case and we are well conversant with the facts and circumstances of the case.
2. I, the 2nd respondent had lodged a case against petitioners for the offences punishable U/s 498(A) 323, 504 of IPC and U/s 3 & 4 of DP Act, pending on the file of Pri. Civil Judge (Sr. Dn) & JMFC Court at Chintamani.
3. We state that since the alleged offences are noncompoundable in nature, we are filing the annexing application seeking permission of this Hon'ble Court to compound the said offences and to acquit the petitioners.
4. We the 2nd respondent and 1st petitioner state that as per clause/ Para 9 of the Memorandum of Settlement under section 89 of C.P.C read with Rule 24 & 25 of the Karnataka Civil Procedure (Mediation) rule 2005 which entered in Cri. Misc. No.77/2024 on the file of this VI MMTC, at Bengaluru that the 1st petitioner and 2nd
NC: 2024:KHC:37249 CRL.P No. 9178 of 2024
respondent shall take such steps as permissible in law to bring about a closure to the proceedings in C.C.No.42/2024 (Crime.No.205/2023) on the file of Pri.Civil and JMFC Chintamani, Chikkaballapur District, and the 2nd respondent to give consent to quash the entire charge sheet against the petitioners.
Wherefore, we the petitioners and 2nd respondent pray that this Hon'ble court may be pleased to quash the entire proceedings in C.C.No. 42/2024 (Crime No.205/2023) of Chinthamani Town Police Station, Chikkaballapur District registered for the offences punishable U/s 498(A) 323, 504 of IPC and U/s 3 & 4 of DP Act, pending on the file of Pri Civil Judge & JMFC Court at Chintamani Chikkaballapur District in the interest of Justice.”
In the light of the afore-quoted affidavit of the parties and the
fact that they are living together happily, though the offences alleged against the petitioner in the case at hand inter alia is one punishable under Section 498A of the IPC, I deem it appropriate to accept the affidavit of settlement and permit them to compound the offences, as the allegations are not against the State.
ORDER
NC: 2024:KHC:37249 CRL.P No. 9178 of 2024
(ii) The proceedings in C.C.No.42/2024, pending before the Principal Civil Judge and JMFC Court, Chintamani, Chikkaballapura District, stand
quashed.
Sd/(M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 132 CT:SS
2 issues framed by the court
Whether to quash criminal proceedings under Section 482 Cr.P.C upon settlement and filing of affidavit for compounding offences.
Whether the parties to the lis are living together happily to permit compounding of alleged Section 498A offences.
7 provisions across 4 enactments
Sri. Srikantha B. V.
Smt. Girijamba
State
Smt. Vaishnavi
M. Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
