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2023 Supreme(Kar) 43

IN THE HIGH COURT OF KARNATAKA
K. Natarajan, J.
Syed Noor Ahmed & Ors. - Appellants
Versus
State of Karnataka The East Zone Women Police Station Shivajinagar Bangalore - Respondent
Criminal Petition No. 495 of 2023
Decided On : 19-01-2023

Advocates appeared:
Omar Shariff, Advocate, R.D. Renukaradhya, Advocate, Afzal Khan, Advocate

Courts can quash criminal proceedings if parties settle their dispute in a matrimonial case, as per Gian Singh vs. State of Punjab.

Headnote:Quashing - Criminal Proceedings - Section 498A, 504, 323, 354(A) of IPC and Sections 3 and 4 of the D.P. Act - The court referred to Section 320(2) read with Section 482 of Cr.P.C. for compounding the offences. The judgment cited the case of Gian Singh vs. State of Punjab and Another (2012 CRI.L.J.4934), where it was held that in cases where parties have settled a dispute in a matrimonial case, the court can quash the proceedings.

Fact of the Case:

The petitioners filed a petition under Section 482 of Cr.P.C. seeking to quash criminal proceedings against them for offenses under various sections of IPC and the D.P. Act. During the pendency of the petition, both parties appeared before the court and filed a joint compromise application for compounding the offenses.

Finding of the Court:

The court allowed the compromise application based on settlement between the parties and relied on the judgment in Gian Singh vs. State of Punjab to quash the criminal proceedings.

Issues:

Whether criminal proceedings can be quashed based on settlement between parties in a matrimonial case.

Ratio Decidendi:

The court can quash criminal proceedings if parties have settled their dispute in respect of a matrimonial case, as established in Gian Singh vs. State of Punjab.

Final Decision:

The criminal proceedings against the petitioners were quashed based on their settlement with respondent No.2.

JUDGMENT

K.Natarajan, J. - Learned High Court Government Pleader accepts notice for respondent No.1-State.

2. Sri Afzal Khan, learned counsel filed vakalath on behalf of respondent No.2.

3. This petition is filed by the petitioners-accused Nos.1 and 2 under Section 482 of Cr.P.C. for quashing the criminal proceedings in C.C.No.25064/2021 pending on the file of VI ACMM, Bengaluru in Crime No.6/2021 registered by the East Zone Police Station, Bengaluru for the offences punishable under Sections 498A, 504, 323, 354(A) of IPC and Sections 3 and 4 of the D.P. Act.

4. During the pendency of the petition, both petitioners and respondent No.2 appeared before the Court along with their counsels and filed joint compromise application on I.A.No.2/2023 under Section 320(2) read with Section 482 of Cr.P.C. for compounding the offences.

5. Learned counsel for both the parties submits that the matter has been settled between the parties and in view of settlement, the petitioner is required to pay Rs.12,00,000/- to respondent No.2 before the Family Court, Bengaluru. Submission of the petitioners and respondent No.2 are placed on record.

7. It is also submitted by the learned counsel that the settlement was arrived before the Mediation Centre. Submission is placed on record.

8. In view of the judgment of the Hon'ble Supreme Court in the case of Gian Singh vs. State of Punjab and Another reported in 2012 CRI.L.J.4934, wherein, it has been held that in cases where the parties have settled the dispute between them in respect of a matrimonial case, the Court can quash the proceedings.

9. Accordingly, I.A.No.2/2023 is allowed.

10. Consequently, criminal petition is allowed.

11. The criminal proceedings against the petitioners-accused Nos.1 and 2 in C.C.No.25064/2021 pending on the file of VI ACMM, Bengaluru is hereby quashed.

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