Karnataka High Court Ramesh S/O. Manikrao Bhosale vs The State Of Karnataka on 14 March, 2014Author: K.N.Phaneendra

1

IN THE HIGH COURT OF KARNATAKA DHARWAD BENCH

DATED THIS THE 14TH DAY OF MARCH, 2014

BEFORE

THE HONOURABLE MR. JUSTICE K.N. PHANEENDRA

CRIMINAL PETITION NO. 100273/2014

BETWEEN:

1. RAMESH

S/O. MANIKRAO BHOSALE

AGE: 35 YEARS,

OCC: GOVERNMENT SERVANT

R/O. H NO. 1006, GOPAL NIVAS AT POST: KHADAKPURA,

TQ: KARMALA, DIST: SOLAPUR.

2. MANIKRAO

S/O. GOPALRAO BHOSALE

AGE: 67 YEARS,

OCC: RTD. BANK EMPLOYEE

R/O. H NO. 1006, GOPAL NIVAS AT POST: KHADAKPURA,

TQ: KARMALA, DIST: SOLAPUR.

3. SMT. BHIMABAI

W/O. MANIKRAO BHOSALE

AGE: 62 YEARS,

OCC: HOUSEHOLD WORK

R/O. H NO. 1006, GOPAL NIVAS AT POST: KHADAKPURA,

TQ: KARMALA, DIST: SOLAPUR

4. DR. PRAKASH

2

S/O. AMBADAS CHAWAN

AGE: 42 YEARS, OCC: DOCTOR

R/O. SUNDAR COMPLEX,

PLOT NO. 05, NEAR TARUN

BHARATH DAILY PRESS,

HOTAGI ROAD, SOLAPUR,

DIST: SOLAPUR.

5. SMT. JAYA W/O. PRAKASH CHAWAN AGE: 37 YEARS,

OCC: GOVERNMENT TEACHER

R/O. SUNDAR COMPLEX,

PLOT NO. 05, NEAR TARUN

BHARATH DAILY PRESS,

HOTAGI ROAD, SOLAPUR,.

DIST: SOLAPUR.

6. CHANDRASHEKAR

S/O. THRIMBAK RAJMANE

AGE: 35 YEARS, OCC: PRIVATE

R/O. BAJI MARKET, JAWAL

AT POST: KARMALA,

TQ: KARMALA, DIST: SOLAPUR.

… PETITIONERS

(BY SRI MAHANTESH PATIL, ADVOCATE)

AND :

1. THE STATE OF KARNATAKA

R/BY STATE PUBLIC PROSECUTOR WOMEN POLICE STATION,

HUBLI NORTH SUB-DIVISION

HIGH COURT OF KARNATAKA

DHARWAD BENCH, DHARWAD.

2. SMT. BHAGYASHREE

W/O. RAMESH BHOSALE

AGE: 28 YEARS,

3

OCC:HOUSEHOLD WORK

R/O. EWS -279, NAVANAGAR,

HUBLI, DIST: DHARWAD.

… RESPONDENTS

(BY SRI V.M. BANAKAR, ADDL. STATE PUBLIC PROSECUTOR FOR R1)

THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.39/2012 ON THE FILE OF JMFC II-COURT, HUBLI, AS BEING ARBITRARY, ERRONEOUS AND CONTRARY TO LAW EQUITY AND JUSTICES AND AS IS IT ALREADY AMICABLY RESOLVED BETWEEN THE PETITIONERS AND RESPONDENT NO.2 IN THE INTERVENTION OF THE FAMILY AND COMMUNITY ELDERS.

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

ORDER

Heard learned counsel for the petitioner and learned

Additional State Public Prosecutor for respondent No.1 –

State. Perused the records.

2. The present petition is filed by petitioners seeking

quashing of the entire proceedings in C.C. No.39/2012 on

the file of II J.M.F.C. Court, Hubli. 4

3. The second respondent Smt. Bhagyashree has

lodged a complaint in P.C. No.325/2011 on the file of

J.M.F.C. II Court, Hubli, for the offences punishable under

Sections 498A, 323, 504, 506 read with Section 149 of the

Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C.’ for

brevity) and Sections 3 and 4 of Dowry Prohibition Act,

1986. Subsequently, the said case was registered in C.C.

No.39/2012 and summons was issued. Accordingly,

petitioners herein, who were arrayed as accused Nos.1 to 6

in the said case were enlarged on bail. The matter is

pending before trial Court for trial. Thereafter, husband and

wife have filed a consent divorce petition before the Family

Court, Hubli in M.C. No.248/2013, which is also pending

before Court.

4. At this juncture, petitioner No.1 and respondent

No.2 have appeared before this Court and have admitted

that they have entered into a compromise. Respondent

No.2, in particular, has submitted that by virtue of 5

compromise entered into between herself and her husband –

petitioner No.1, the entire proceedings in C.C. No.39/2012

may be quashed. In view of the above said factual aspects,

it is just and necessary to look into the legal aspect that,

whether a non-compoundable offence punishable under

Section 498A can be ordered to be compounded by

exercising the powers under Section 482 of Code of Criminal

Procedure, 1973 (hereinafter referred to as ‘Cr.P.C.’ for

brevity). In this regard, it is worth to note two decisions of

the Hon’ble Supreme Court and one decision of this Court,

which are as under :

i) (2012) 10 Supreme Court Cases 303 between

Gian Singh vs. State of Punjab and Another.

ii) 2013 CRI. L. J. 520 between Dimpey Gujral

and Ors. vs. Union Territory Through

Administrator, U.T. Chandigarh and Ors.

iii) 2012(3) KCCR 2338 between Prashant vs.

State of Karnataka and Another. 6

In the above said cases, particularly, it is held that –

“Power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code.

In cases where power to quash the criminal proceedings or complaint or FIR may be exercised where the offender and the victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity or under special statutes like the Prevention of Corruption Act or the offences committed by public servants while working in that capacity as Government servants cannot be quashed even though the victim or victim’s family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. But the criminal cases 7

having overwhelmingly and predominatingly civil flavour stand on a different footing for the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute. The High Court may quash the criminal proceedings.

(emphasis supplied)

5. In view of the above said ruling of Hon’ble Supreme

Court, this Court had an occasion to deal with such matter

and this Court has quashed the proceedings before trial

Court for the offences punishable under Sections 498A, 323,

504, 506 and 307 read with Section 149 of I.P.C.

6. Applying the above said principles to this case, it is

one such case where the matrimonial dispute between the

parties have ended up in a compromise. Therefore, I do not 8

find any strong reasons to reject the prayer of parties. With

these observations, petition is allowed. The entire

proceedings in C.C. No.39/2012 on the file of J.M.F.C. II

Court, Hubli, is hereby quashed.

Sd/-

JUDGE

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