2025 Supreme(Online)(KAR) 7125
HIGH COURT OF KARNATAKA
S.R.KRISHNA KUMAR, J
DHARMVEER SINGH – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 9535 of 2023
The court recognized compromise as valid, allowing for quashing of charges under IPC and Dowry Prohibition Act.
Headnote:In this case, the Hon'ble Court examined the applicability of Section 482 of the Cr.P.C. and addressed the quashing of the charge sheet filed against the petitioners under Sections 498A, 506, 34 of the IPC, and Sections 3 and 4 of the Dowry Prohibition Act. The petitioners and the complainant reached an amicable settlement, which the Court recognized, leading to the conclusion that no further claims would be pursued by the respondent against the petitioners. Therefore, the court quashed the charge sheet and proceedings in C.C.No.17019/2023.
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| 1. parties reached an amicable settlement regarding matrimonial disputes. (Para 1 , 2 , 3) |
ORAL ORDER
In this petition, petitioner has sought for the following relief:-
“a) Quash the charge sheet filed as against these petitioners in C.C.No.17019/2023 for the offences punishable under Sections 498A , 506 , 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act .
b) Quash the entire proceedings before the VII Additional Chief Metropolitan Magistrate in C.C.No.17019/2023.
c) To pass such other order/s as this Hon’ble Court deems fit to grant in the circumstances of the case in the interest of justice and equity.”
2. Learned counsel for the petitioners – accused Nos.1 to
3 and learned counsel for respondent No.2 – complainant have filed a Joint Memo dated 24.01.2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos. 1 to 3 and respondent No.2 are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
“The Counsel for Petitioners and Respondent jointly submits as follows:
1. The Petitioner No.1 is the husband of the Respondent No.2. The petitioner No.2 and 3 are the aged father-in-law and mother-in-law of the Respondent No.2.
2. The petitioners have filed the present petition aggrieved by the filing of charge sheet and taking of cognizance in C.C.No.17019/2023 (arising out of FIR dated 17.07.2022 in Crime No.164/2022 registered by the Respondent Amruthahalli Police) against Accused No.A1 to A3 for offences punishable under Section 498A , 506, 34 Dowry Prohibition Act , 1961 pending before the Hon’ble XLI ACMM at Bangalore city.
3. The parties submit that during the pendency of the above mentioned cases, the parties have amicably resolved the matter with the intervention of well-wishers and the parties have entered into a compromise and accordingly petitioner no.1 obtained divorce by way of mutual consent from respondent no.2. And the matrimonial dispute has been resolved, it has been decided that all cases to be withdraw.
4. Hence the present petition filed in view of the settlement between the parties and family members.
5. It is submitted that in view of the settlement arrived at during the pendency of this case, Respondent has no objections for this Hon’ble Court to Quash the charge sheet filed as against these petitioners in C.C.No.17019/2023 for the offences punishable under Sections 498A , 506 , 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act , 1961 pending before the Hon’ble XLI ACMM at Bangalore City.
6. The Respondent No.2 further undertakes on behalf of his family and friends that he shall make no further claims against the petitioners herein and further undertake not to file any claims in future before any Court of law in view of the settlement arrived at between the parties on the following facts and circumstances:
Wherefore, in view of the compromise entered into between the parties, this joint memo may be placed on record and this Hon’ble Court be pleased to Quash the charge sheet filed as against these petitioners in C.C.No.17019/2023 for the offences punishable under Sections 498A , 506 , 34 of Indian Penal Code and Sections 3 and 4 of Dowry Prohibition Act , 1961 pending before the Hon’ble XLI ACMM at Bangalore City in the interest of justice.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Memo dated 24.01.2025.
(ii) The proceedings in C.C.No.17019/2023 pending on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru, insofar as the petitioners are concerned, are hereby quashed.