IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2017 BEFORE THE HON'BLE MR. JUSTICE K.N.PHANEENDRA CRIMINAL PETITION NO.4188 OF 2017 BETWEEN :
MADHUSUDHANA D.S. @ MADUSUDHAN S/O. SIDDARAJU, AGED ABOUT 26 YEARS, RESIDING AT HOSAMALA STREET BEGUR, CHAMARAJANAGARA, KARNATAKA-571109. ... PETITIONER (BY SRI: KUMARA K.G. ADV.,) AND :
1. STATE BY KENGERI POLICE STATION, BENGALURU-560 060, REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
2. C. MANGALA, D/O. CHIKKASIDDAIAH, AGED ABOUT 27 YEARS, R/AT, 5TH CROSS, GUTTE ANJANEYA SWAMY TEMPLE ROAD, KENGERI, BENGALURU-560 060. ... RESPONDENTS (BY SRI. SANDESH J. CHOUTA, SPP-II FOR R-1, SRI. ARAVIND S. ADV. FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CRL.P.C. PRAYING TO QUASH THE FIR IN CRIME NO.174/2017 PENDING ON THE FILE OF 56TH A.C.M.M., BENGALURU, FIR LODGED BY THE (FIRST RESPONDENT) KENGERI POLICE STATION, AGAINST THE PETITIONER/ ACCUSED FOR THE OFFENCES P/U/S 498A AND 420 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, 1961.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER The petitioner and his counsel are present. Respondent No.2 is present before the court. Counsel for the respondents remained absent.
2. Both the parties have already filed a joint memo reporting compromise between themselves. At the insistence of the court, both the parties have also filed their respective Affidavits reporting the compromise between themselves.
3. Petition is filed for quashing of the crime registered against the petitioner in Crime No.174/2017 on the file of the 56th Additional Chief Metropolitan Magistrate for the offence punishable under Sections 498A, 420 of IPC and also Sections 3 and 4 of Dowry Prohibition Act, 1961.
4. It is evident from the decision of the Apex Court reported in 2012 (10) SCC 303 between Gian Singh vs. State of Punjab and another wherein the Apex Court has observed that “criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing - Offences arising from commercial, financial, mercantile, civil, partnership or like transactions or offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and parties have resolved their entire dispute, High Court may quash criminal proceedings - High Court, in such cases, must consider whether it would be unfair or contrary to interest of justice to continue with the criminal proceeding or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between parties and whether to secure ends of justice, it is appropriate the criminal case is put to an end - If such question(s) are answered in the affirmative, High Court shall be well within its jurisdiction to quash the criminal proceedings.
5. In view of the above said directives of the Apex Court and on examination of the factual aspects of this court and considering the Affidavits of the parties, it clearly disclose that the offenses alleged against the petitioner arising from the matrimonial relationship and it is a family dispute wherein wrong is personal and private in nature and the petitioner and the 2nd respondent being husband and wife having resolved their entire dispute with an intention to live happily in future. Therefore, I am of the opinion that consideration of the criminal proceedings against the petitioner would tantamount to abuse of process of law as the matter has been compromised between the parties. Hence, there is no impediment to quash the proceedings as prayed for. Hence, the joint memo filed by the parties and Affidavits filed in support of the joint memo are hereby accepted.
6. Consequently, the petition is allowed. All the further proceedings to be taken in respect of Crime No.174/2017 pending on the file of Kengeri Police Station and as well as the 56th Additional Chief Metropolitan Magistrate, Bengaluru are hereby quashed.
Sd/- JUDGE snc