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2024 Supreme(Online)(Kar) 40612
KARNATAKA HIGH COURT
K. Natarajan, J
Praveena S.R. – Appellant
Versus
State of Karnataka – Respondent
CRL.P No. 11469 OF 2022
For the Appellants/Petitioners: J.D. Kashinath, Sunil S Rao
For the Respondents: Venkat Satyanarayana A.
Criminal proceedings arising from matrimonial disputes, including charges under Section 498A IPC, can be quashed by the High Court under Section 482 Cr.P.C. if the parties have amicably settled their disputes and obtained a decree of divorce.
Headnote:The petitioner sought quashing of criminal proceedings under Section 482 of Cr.P.C regarding offenses under Section 498A read with Section 34 of the IPC and Section 3 of the Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017. The proceedings were initiated based on a complaint filed by the second respondent. During the pendency of the petition, the parties filed for divorce by mutual consent under Section 13
(B) of the Hindu Marriage Act, 1955, and the Family Court granted the dissolution of marriage. The core issue was whether the criminal proceedings could be quashed following an amicable settlement between the parties in matrimonial disputes. The court observed that the second respondent had undertaken in a joint affidavit to withdraw all allegations and expressed no objection to the quashing of the proceedings. Relying on established legal precedent regarding matrimonial settlements, the court reasoned that quashing is permissible when parties settle their disputes. Accordingly, the criminal petition is allowed. The proceedings against the petitioner in Crime No.496/2022 registered by Tunga Nagar Police Station, Shivamogga is hereby quashed.
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| 1. amicable settlement and mutual divorce as grounds for quashing criminal proceedings in matrimonial disputes. (Para 1 , 4 , 5) |
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS ATTACH TO REGISTRATION OF FIR IN STATION CR.NO.496/2022 ALSO IN COURT CR.NO.955/2022 REGISTERED BY THE RESPONDENT NO.1 POLICE PENDING ON THE FILE OF THE V ADDITIONAL CIVIL JUDGE AND JUDICIAL MAGISTRATE FIRST CLASS, SHIVAMOGGA AS ILLEGAL AND SUFFERS FROM MALAFIDES.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused under Section 482 of Cr.P.C, for quashing criminal proceedings in Crime No.496/2022 registered by Tunga Nagar Police Station, Shivamogga for the offence punishable under Section 498A R/w 34 of IPC and Section 3 of Karnataka Prevention and Eradication of Inhuman Evil Practices and Black Magic Act, 2017.
2. Heard the learned counsel appearing for the petitioner.
3. Respondent no.2 is served and unrepresented.
4. The case of the petitioner is that, on complaint filed by respondent No.2, Tunga Nagar Police had registered FIR against the petitioner for the aforesaid offences. During pendency of the petition, the petitioner and respondent no.2 have filed divorce petition under Section 13(B) of the Hindu Marriage Act, 1955 seeking dissolution of marriage. In the said case, the parties have filed joint affidavit. The matter between the parties has been settled amicably and divorce has been granted by the Family Court, Shivamogga.
5. In the joint affidavit filed by the parties, respondent No.2, at page No.5, has undertaken to withdraw all the allegations made in the present FIR against the petitioner and she has no objection to quash the criminal proceedings against him.
6. Considering the fact that the matter between the parties has already been settled in the Family court, Shivamogga and in view of the judgment of the Hon'ble Supreme Court in the case of Gian Singh v. State of Punjab - (2012) 10 SCC 303 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.
7. Accordingly, the criminal petition is allowed. The proceedings against the petitioner in Crime No.496/2022 registered by Tunga Nagar Police Station, Shivamogga is hereby quashed.
