Madhusudhana D S @ Madhusudhan vs State By Kengeri on 29 May, 2017

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 29TH DAY OF MAY, 2017

BEFORE

THE HON’BLE MR. JUSTICE K.N.PHANEENDRA

CRIMINAL PETITION NO.4188 OF 2017

BETWEEN :

MADHUSUDHANA D.S.
@ MADUSUDHAN
S/O. SIDDARAJU,
AGED ABOUT 26 YEARS,
RESIDING AT HOSAMALA
STREET BEGUR,
CHAMARAJANAGARA,
KARNATAKA-571109. … PETITIONER

(BY SRI: KUMARA K.G. ADV.,)

AND :

1. STATE BY KENGERI
POLICE STATION,
BENGALURU-560 060,
REPRESENTED BY SPECIAL
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BANGALORE-560 001.

2. C. MANGALA,
D/O. CHIKKASIDDAIAH,
AGED ABOUT 27 YEARS,
R/AT, 5TH CROSS,
GUTTE ANJANEYA SWAMY
TEMPLE ROAD, KENGERI,
BENGALURU-560 060. … RESPONDENTS

(BY SRI. SANDESH J. CHOUTA, SPP-II FOR R-1, SRI.
ARAVIND S. ADV. FOR R-2)
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THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CRL.P.C. PRAYING TO QUASH THE FIR IN CRIME
NO.174/2017 PENDING ON THE FILE OF 56TH A.C.M.M.,
BENGALURU, FIR LODGED BY THE (FIRST RESPONDENT)
KENGERI POLICE STATION, AGAINST THE PETITIONER/
ACCUSED FOR THE OFFENCES P/U/S 498A AND 420 OF
IPC AND SEC. 3 AND 4 OF D.P. ACT, 1961.

THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:

ORDER

The petitioner and his counsel are present.

Respondent No.2 is present before the court. Counsel

for the respondents remained absent.

2. Both the parties have already filed a joint

memo reporting compromise between themselves. At the

insistence of the court, both the parties have also filed

their respective Affidavits reporting the compromise

between themselves.

3. Petition is filed for quashing of the crime

registered against the petitioner in Crime No.174/2017

on the file of the 56th Additional Chief Metropolitan

Magistrate for the offence punishable under Sections
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498A, 420 of IPC and also Sections 3 and 4 of Dowry

Prohibition Act, 1961.

4. It is evident from the decision of the Apex

Court reported in 2012 (10) SCC 303 between Gian

Singh vs. State of Punjab and another wherein the Apex

Court has observed that “criminal cases having

overwhelmingly and predominatingly civil flavour stand

on a different footing – Offences arising from

commercial, financial, mercantile, civil, partnership or

like transactions or offences arising out of matrimony

relating to dowry, etc. or family disputes where the

wrong is basically private or personal in nature and

parties have resolved their entire dispute, High Court

may quash criminal proceedings – High Court, in such

cases, must consider whether it would be unfair or

contrary to interest of justice to continue with the

criminal proceeding or continuation of criminal

proceeding would tantamount to abuse of process of law

despite settlement and compromise between parties and

whether to secure ends of justice, it is appropriate the
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criminal case is put to an end – If such question(s) are

answered in the affirmative, High Court shall be well

within its jurisdiction to quash the criminal

proceedings.

5. In view of the above said directives of the

Apex Court and on examination of the factual aspects of

this court and considering the Affidavits of the parties,

it clearly disclose that the offenses alleged against the

petitioner arising from the matrimonial relationship and

it is a family dispute wherein wrong is personal and

private in nature and the petitioner and the 2nd

respondent being husband and wife having resolved

their entire dispute with an intention to live happily in

future. Therefore, I am of the opinion that consideration

of the criminal proceedings against the petitioner would

tantamount to abuse of process of law as the matter has

been compromised between the parties. Hence, there is

no impediment to quash the proceedings as prayed for.

Hence, the joint memo filed by the parties and Affidavits

filed in support of the joint memo are hereby accepted.
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6. Consequently, the petition is allowed. All

the further proceedings to be taken in respect of Crime

No.174/2017 pending on the file of Kengeri Police

Station and as well as the 56th Additional Chief

Metropolitan Magistrate, Bengaluru are hereby

quashed.

Sd/-

JUDGE

snc

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