The High Court may quash non-compoundable offences under IPC when matrimonial disputes are amicably settled between parties.

ORAL ORDER

The petitioners/accused has filed the captioned petition seeking quashing of the proceedings in C.C.No.8977/2024 for the offences punishable under Sections 4 98A, 323, 504, 506 r/w Section 3 4 of IPC and Sections 3 and 4 of Dowry Prohibition Act , 1961 pending on the file of II Additional Civil Judge and JMFC Court, Bhadravathi.

2. Today, a joint memo duly signed by both the parties and their respective learned counsel has been placed on record. In the said joint memo, it is stated that the petitioners and respondent No.2 have amicably resolved their matrimonial dispute. It is further placed on record that petitioner No.1/accused has paid a sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) towards full and final settlement of permanent alimony.

3. On enquiry made by this Court, respondent No.2, who is present before the Court, has categorically acknowledged the factum of settlement in the matrimonial proceedings. She has further stated that in terms of the settlement recorded therein, she has undertaken to withdraw all pending criminal proceedings against the petitioners. Respondent No.2 has also confirmed that she has received the aforesaid sum of Rs.15,00,000/- by way of demand draft towards permanent alimony. In view of the said settlement, respondent No.2/wife has requested that the proceedings in C.C.No.8977/2024 pending before the learned II Additional Civil Judge and JMFC, Bhadravathi, be quashed.

4. Having regard to the fact that the dispute between the husband and wife is essentially matrimonial in nature, and respondent No.2–wife has voluntarily and willingly settled the matter with petitioner No.1, this Court is of the opinion that continuance of the criminal proceedings would serve no fruitful purpose. Though Section 4 98A IPC is a non-compoundable offence, it is now well settled that in appropriate cases involving matrimonial disputes, when the parties have amicably settled their differences, the High Court, in exercise of powers under Section 4 82 of Cr.P.C., may quash the proceedings to secure the ends of justice and to prevent abuse of process of law.

5. In the present case, no heinous or grave offence is alleged other than the matrimonial dispute. Since respondent No.2 herself has expressed that she does not wish to prosecute the matter further and is inclined to accord a quietus to the dispute, this Court finds it just and proper to accept the settlement and quash the proceedings.

6. For the foregoing reasons, this Court proceeds to pass the following:

ORDER

(i) The Criminal Petition is allowed.

(ii) The proceedings in C.C.No.8977/2024 for the offences punishable under Sections 4 98A, 323, 504, 506 read with Section 3 4 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act , 1961, pending on the file of the learned II Additional Civil Judge and JMFC Court, Bhadravathi, in so far as the present petitioners are concerned, are hereby quashed.