Karnataka High Court Sri Harish Kumar vs State By Kengeri Ps on 26 February, 2014Author: S.N.Satyanarayana

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IN THE HIGH COURT OF KARNATAKA AT BANGALORE DATED THIS THE 26TH DAY OF FEBRUARY 2014 BEFORE

THE HON’BLE MR.JUSTICE S.N.SATYANARAYANA CRL.P.No.4270/2013

BETWEEN:

1. SRI .HARISH KUMAR

AGED ABOUT 42 YEARS,

S/O LATE HANUMAIAH,

2. SRI .NARASIMHA MURTHY,

AGED ABOUT 44 YEARS,

S/O LATE HANUMAIAH,

3. SMT .PADMAVATHI

AGED ABOUT 34 YEARS,

D/O LATE HANUMAIAH,

ALL THE PETITIONERS ARE

R/AT KOMAGHATTA ROAD,

KENGERI SATELLITE TOWN,

BEHIND NALANDA BAR,

BANGALORE-560 060. … PETITIONERS (BY SRI B.ANAND, ADV.,)

AND

1. STATE BY KENGERI PS

KENGERI,

BANGALORE-560 060.

2. SMT. PUSHPA KUMARI B.H,

AGED ABOUT 28 YEARS,

D/O SRI HANUMANTHARAYAPPA,

R/T NO.14/5,

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POLICE QUARTERS, MAGADI ROAD,

BANGALORE-560 023 … RESPONDENTS (BY SRI B.J.ESWARAPPA, HCGP., FOR R1, SRI N.GOPI, ADV., FOR R2)

THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO SET ASIDE/QUASH THE ENTIRE PROCEEDINGS IN C.C.No.6512/2002 ON THE FILE OF THE III ADDL.C.M.M., BANGALORE.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:

ORDER

This petition is filed seeking quashing of the criminal complaint in C.C. No.6512/2002 pending on the file of III Addl. Chief Metropolitan Magistrate, Bangalore, which is registered pursuant to the complaint in Crime No.102/2002 of Kengeri Police Station, Bangalore, for the offences punishable under Sections 498A, 506B of Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

2. Accused Nos.1, 2 and 3 in C.C. No.6512/2002 are respectively the husband, brother-in-law and sister-in- law of the complainant, who is 2nd respondent herein. Subsequent to filing of the complaint in Crime -3-

No.102/2002, the complainant also initiated a proceeding in C. Misc. No.296/2004 under Section 125 Cr.P.C., for the relief of maintenance and it is stated that thereafter, the dispute between the parties is settled amicably in both the 1st petitioner and 2nd respondent filing the petition in M.C. No.1674/2006 under Section 13-B of the Hindu Marriage Act before the I Addl. Principal Judge, Family Court, Bangalore, seeking decree of divorce by mutual consent. It is seen that the said petition in M.C. No.1674/2006 came to be allowed by judgment dated 11.09.2006 in dissolving the marriage between the 1st petitioner and 2nd respondent herein subject to payment of maintenance in a sum of `.2,80,000/- by 1st petitioner to 2nd respondent.

3. Today, petitioner Nos.1 to 3 and 2nd respondent are present before the Court. 2nd respondent has filed an affidavit, wherein she has admitted that the dispute between the parties is settled amicably in the 1st petitioner paying a sum of `.2,80,000/- towards her past, present and future alimony and also in dissolving the -4-

marriage between herself and 1st petitioner pursuant to the decree passed in M.C. No.1674/2006. It is also stated by her that in terms of the settlement arrived at between the parties, she has filed a memo seeking dismissal of proceedings initiated in C.Misc.No.296/2004 for maintenance. She has also withdrawn the suit, which was filed by her in O.S. No.1077/2005 for the relief of permanent injunction against her husband in entering into second marriage with any other woman. Now, according to her, what remains is the criminal complaint in C.C. No.6512/2002 pending on the file of III Addl. Chief Metropolitan Magistrate, Bangalore, pursuant to Crime No.102/2002 registered by Kengeri Police Station.

4. Though the offence alleged in C.C. No.6512/2002 is non-compoundable in nature, pursuant to the decision rendered by the Apex Court in the matter of GIAN SINGH Vs. STATE OF PUNJAB AND ANOTHER ((2012) 10 SCC 303), wherein it is held that where the dispute between the parties is not with reference to committing of heinous offences like rape, murder, dacoity -5-

etc., and if it is in the nature of offences relating to financial matters and matrimonial matters, though the same are not compoundable, it is well within the powers of the High Court to quash the proceedings under Section 482 of the Cr.P.C., in the event of parties arriving at out of Court settlement between themselves. This Court, in exercise of inherent power under Section 482 Cr.P.C., feel it appropriate to quash the proceedings initiated in C.C. No.6512/2002 pursuant to the settlement arrived at between the parties as stated in the affidavit filed by 2nd respondent.

Accordingly, Criminal petition is allowed and proceedings in C.C. No.6512/2002 pending on the file of III Addl. Chief Metropolitan Magistrate, Bangalore, are hereby quashed.

Sd/-

JUDGE

sma