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2025 Supreme(Online)(Kar) 9260

KARNATAKA HIGH COURT
S.R.KRISHNA KUMAR - J
BHARGAV S. – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 5424 / 2024



Advocates:
For the Appellants/Petitioners: S.G.RAJENDRA REDDY
For the Respondents: SMT.SOWMYA R., S.RAJASHEKAR

Amicable settlements in matrimonial disputes can lead to the quashing of FIRs under IPC and Dowry Prohibition Act when both parties consent.

Headnote:(A) Criminal Procedure Code, 1973 - Section 482 - Quashing of FIR - Petitioners sought to quash FIR registered under Sections 498A, 323, 504, 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act - Parties reached a settlement and requested quashing of proceedings - Court allowed the petition based on the joint memo and settlement terms. (Paras 2, 6, 7)

(B) Settlement in matrimonial disputes - The court recognizes the importance of amicable resolution in matrimonial disputes and allows quashing of FIR based on mutual consent of parties. (Paras 5, 6)

Facts of the case:
The petitioners are family members of the accused and the respondent is the wife of the first petitioner. A complaint was filed against them under various sections of IPC and D.P. Act. The parties reached a settlement and sought to quash the FIR.

Findings of Court:
The court found the settlement to be just and appropriate, allowing the petition to quash the FIR subject to the closure of matrimonial proceedings.

Issues: The main issue was whether the FIR could be quashed based on the settlement reached between the parties.

Ratio Decidendi: The court held that amicable settlements in matrimonial disputes should be encouraged and can lead to quashing of FIRs when both parties consent.

Result: The Criminal Petition is hereby allowed.

Table of Content
1. petitioners seek relief to quash fir based on settlement. (Para 2)
2. details of the fir and background of the parties. (Para 3 , 4 , 5)
3. court observes the importance of settlement. (Para 6)
4. court allows petition based on mutual consent. (Para 7)

ORAL ORDER

In this petition, the petitioners seek the following relief:

"Wherefore, the petitioners most respectfully pray that this Hon'ble Court kindly allow this Criminal Petition and quash the FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offence p/u/s 498A, 323, 504, 506 and 34 of IPC and u/s 3 and 4 of D.P. Act, pending on the file of Addl. Civil Judge (Jr.Dn.) and JMFC Court, Doddaballapura, in the interest of justice."

2. All parties along with their respective counsel are physically present before the Court and submit that they are the signatories to the application as well as the joint memo and they accept the terms of settlement arrived at between them.

3. A perusal of the material on record will indicate that the second respondent/de-facto complainant is the wife of the petitioner No.1/accused No.1, while petitioner No.2 is the mother of petitioner No.1 and Petitioner No.3 is the younger brother of petitioner No.1. The respondent No.2/de-facto complainant instituted the aforesaid proceeding/complaint dated 01.02.2024, against the petitioners for the alleged offences punishable under Sections 498A , 323 , 504 , 506 read with 34 of Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 .

4. In the meanwhile, the matrimonial proceedings in M.C.No.1708/2025 is also pending before the III Additional Family Court, Bengaluru and it is stated that the matter is posted before the Family Court, today, for reporting settlement.

5. The petitioners and respondent No.2 have filed an application seeking closure of the present proceedings along with a joint memo, in which they have stated that the present settlement filed before this Court would be subject to closure of the proceeding before the Family Court in M.C.No.1708/2025. The application as well as the joint memo read as under:

"APPLICATION UNDER SECTION 482 OF CR.P.C.

It is submitted that the Petitioner has filed Criminal Petition U/Sec. 482 of Cr.P.C . seeking quashing of FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offences punishable U/Sec. 498(A), 323, 504, 506 & 34 of IPC and U/Sec. 3 & 4 of D.P.Act, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura.

It is submitted that now with the intervention of well wishers and elders the Complainant and Accused, the above case is amicably settled between them and also have decided to dissolve the marriage by way of mutual consent and have filed mutual consent divorce petition in M.C.No.1708/2025 pending before III Addl. Family Court, Bengaluru. The complainant / Respondent No.2 is withdrawing the complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura.

Where that this Hon'ble Court kindly pass necessary orders, compounding the offence and quashing the FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offences punishable U/Sec.498(A), 323 504, 506 & 34 of IPC and U/Sec.3 & 4 of D.P. Act, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura, in the interest of justice and equity."

"JOINT MEMO

It is submitted that the Petitioner has filed Criminal Petition U/Sec. 482 of Cr.P.C . seeking quashing of FIR and complaint in Crime No.15/2024 of Women Police Station, Bengaluru Rural District, registered for the offences punishable U/Sec. 498(A), 323, 504, 506 & 34 of IPC and U/Sec. 3 & 4 of D.P.Act, pending on the file of Addl. Civil Judge (Jr.Dn.) & JMFC Court, Doddaballapura.

It is submitted that now with the intervention of

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