High Court of Karnataka
K.N. PHANEENDRA, J.
K. Rakesh – Petitioner
Versus
State of Karnataka & Another – Respondents
Criminal Petition No. 2681 of 2015
Decided On : 12-05-2015
Quashing of Criminal Proceedings - Matrimonial Dispute - IPC, Section 498A, 323, 507, Dowry Prohibition Act, Section 3 & 4
Fact of the Case:
The petitioner and Respondent No.2 filed a Joint Memo stating that due to the intervention of the well-wishers of the family, the matter has been settled amicably between the parties and they are ready and willing to live together as husband and wife. The wife had filed a complaint for offences under Section 498A, 323, 507 of IPC and also u/s.3 & 4 of Dowry Prohibition Act.
Finding of the Court:
The court found that the dispute is private and personal in nature, being a matrimonial dispute, and that the parties have resolved their entire conflict and dispute. The court applied the guidelines of the Apex Court and facilitated the parties to lead a happy life by quashing the proceedings as the parties have decided to live together with free consent.
Issues: The main issue was whether the court should quash the criminal proceedings in a matrimonial dispute where the parties have settled their dispute amicably.
Ratio Decidendi: The court relied on the decisions in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303 and Jitendra Raghuvanshi and Others vs. Babita Raghuvanshi and Another, (2013) 4 SCC 58, which emphasized the wide and unfettered inherent powers of the High Court under Section 482 of Cr. P.C. to quash criminal proceedings in matrimonial disputes if the parties have settled the dispute amicably and without any pressure.
Final Decision: The petition was allowed, and the proceedings pending for the offences punishable under Sections 498-A, 323, 307, 507 of IPC r/w. Sections 3 and 4 of the D.P. Act, were quashed so far as it relates to the petitioner.
K.N. PHANEENDRA, J.
1. Petitioner and Respondent No.2 are present before the court. The respective counsels for petitioner and Respondent No.2 are also present.
2. The petitioner and Respondent No.2 filed a Joint Memo stating that due to the intervention of the well wishers of the family, the matter has been settled amicably between the parties and they are ready and willing to live together as husband and wife. Hence, both the parties pray that the petition be allowed and all proceedings in CC No.7086/2013 pending on the file of the I ACMM, Bengaluru, for the offence punishable under Section 498A, 323, 507 of IPC and also u/s.3 & 4 of Dowry Prohibition Act.
3. The petitioner and the second respondent submit that there is no dispute with regard to their relationship and that their marriage was solemnized on 2.3.2006 and they also blessed with a female child.
4. It appears that due to some difference of opinion and misunderstanding between the husband and wife, the wife filed a complaint for the above said offences making allegations not only against the petitioner but also against the other family members of the petitioner. However, the other accused persons are not before this court.
5. At this stage, it is worth to note here a decision rendered in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303, wherein the Apex Court has held thus:-
"Power of High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from power of a criminal court of compounding offences under S. 320 - Cases where power to quash criminal proceedings may be exercised where the parties have settled their dispute, held, depends on facts and circumstances of each case - Before exercise of inherent quashment power under S.482, High Court must have due regard to nature and gravity of the crime and its societal impact."
6. It is also worth to note here the subsequent decision rendered in the case of Jitendra Raghuvanshi and Others vs. Babita Raghuvanshi and Another, (2013) 4 SCC 58, wherein the Apex Court, particularly referring to the matrimonial disputes, has laid down a law that the court can exercise powers under Section 482 of Cr. P.C. in order to quash the proceedings where exclusively they are pertaining to matrimonial disputes, which reads as follows:-
"The inherent powers of the High Court under Section 482 Cr. PC are wide and unfettered. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the Court is convinced on the basis of material on record, that allowing the proceedings to continue would be an abuse of process of court or that the ends of justice require that the proceedings ought to be quashed. Exercise of such power would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist. Thus, the High Court in exercise of its inherent powers can quash the criminal proceedings or FIR or complaint in appropriate cases in order to meet the ends of justice and Section 320 Cr. PC does not limit or affect the powers of the High Court under Section 482 Cr. PC.
Consequently, even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, it is held that for the purpose of securing ends of justice, Section 320 Cr. PC would not be a bar to the exercise of power of quashing of IR, complaint or the subsequent criminal proceedings. The Institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by
Gian Singh Vs. State of Punjab and Another
Jitendra Raghuvanshi and Others Vs. Babita Raghuvanshi and Another
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