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2015 DIGILAW 518 (KAR)

K. Rakesh v. State of Karnataka

2015-05-12

K.N.PHANEENDRA

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Judgment K.N. PHANEENDRA, J. 1. Petitioner and Respondent No.2 are present before the court. The respective counsels for petitioner and Respondent No.2 are also present. 2. The petitioner and Respondent No.2 filed a Joint Memo stating that due to the intervention of the well wishers of the family, the matter has been settled amicably between the parties and they are ready and willing to live together as husband and wife. Hence, both the parties pray that the petition be allowed and all proceedings in CC No.7086/2013 pending on the file of the I ACMM, Bengaluru, for the offence punishable under Section 498A, 323, 507 of IPC and also u/s.3 & 4 of Dowry Prohibition Act. 3. The petitioner and the second respondent submit that there is no dispute with regard to their relationship and that their marriage was solemnized on 2.3.2006 and they also blessed with a female child. 4. It appears that due to some difference of opinion and misunderstanding between the husband and wife, the wife filed a complaint for the above said offences making allegations not only against the petitioner but also against the other family members of the petitioner. However, the other accused persons are not before this court. 5. At this stage, it is worth to note here a decision rendered in Gian Singh vs. State of Punjab and Another, (2012) 10 SCC 303 , wherein the Apex Court has held thus:- "Power of High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from power of a criminal court of compounding offences under S. 320 - Cases where power to quash criminal proceedings may be exercised where the parties have settled their dispute, held, depends on facts and circumstances of each case - Before exercise of inherent quashment power under S.482, High Court must have due regard to nature and gravity of the crime and its societal impact." 6. It is also worth to note here the subsequent decision rendered in the case of Jitendra Raghuvanshi and Others vs. Babita Raghuvanshi and Another, (2013) 4 SCC 58 , wherein the Apex Court, particularly referring to the matrimonial disputes, has laid down a law that the court can exercise powers under Section 482 of Cr. It is also worth to note here the subsequent decision rendered in the case of Jitendra Raghuvanshi and Others vs. Babita Raghuvanshi and Another, (2013) 4 SCC 58 , wherein the Apex Court, particularly referring to the matrimonial disputes, has laid down a law that the court can exercise powers under Section 482 of Cr. P.C. in order to quash the proceedings where exclusively they are pertaining to matrimonial disputes, which reads as follows:- "The inherent powers of the High Court under Section 482 Cr. PC are wide and unfettered. It is trite to state that the power under Section 482 should be exercised sparingly and with circumspection only when the Court is convinced on the basis of material on record, that allowing the proceedings to continue would be an abuse of process of court or that the ends of justice require that the proceedings ought to be quashed. Exercise of such power would depend upon the facts and circumstances of each case and it has to be exercised in appropriate cases in order to do real and substantial justice for the administration of which alone the courts exist. Thus, the High Court in exercise of its inherent powers can quash the criminal proceedings or FIR or complaint in appropriate cases in order to meet the ends of justice and Section 320 Cr. PC does not limit or affect the powers of the High Court under Section 482 Cr. PC. Consequently, even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that the parties have settled the same amicably and without any pressure, it is held that for the purpose of securing ends of justice, Section 320 Cr. PC would not be a bar to the exercise of power of quashing of IR, complaint or the subsequent criminal proceedings. The Institution of marriage occupies an important place and it has an important role to play in the society. Therefore, every effort should be made in the interest of the individuals in order to enable them to settle down in life and live peacefully. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising their extraordinary jurisdiction. If the parties ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law, in order to do complete justice in the matrimonial matters, the courts should be less hesitant in exercising their extraordinary jurisdiction. It is the duty of the courts to encourage genuine settlements of matrimonial disputes and Section 482 Cr. PC enables the High Court and Article 142 of the Constitution enables the Supreme Court to pass such orders. In the present case, the appellants (the husband and his relatives, accused under Sections 498-A read with Section 34 IPC and Sections 3 and 4, Dowry Prohibition Act, 1961) had not sought compounding of the offences. They had approached the High Court under Section 482 Cr. PC for quashing of the criminal proceedings. The High Court ought to have quashed the criminal proceedings in question by accepting the settlement arrived at by the parties concerned." 8. Keeping in view the above said guidelines of the Apex Court, this court has applied its mind to the factual matrix of this case and found that the dispute is basically private and personal in nature, as it is a matrimonial dispute between Petitioner and Respondent No.2 and that they have resolved their entire conflict and dispute. 9. In view of the above said facts and circumstances of the case and also in the light of the law laid down by the Hon'ble Apex Court, in order to facilitate the parties to live happily in their future, it is just and necessary to facilitate them to lead their happy life by quashing the proceedings as the parties who are present before the court with free consent have decided to live together and that she has no objection to quash the proceedings. 10. In the above said circumstances, there is no legal impediment to quash the above said proceedings. Hence, the following: ORDER The petition is allowed. Consequently, the proceeding pending on the file of I ACJM, Bengaluru in C.C. No.7086/2013, for the offences punishable under Sections 498-A, 323, 307, 507 of IPC r/w. Sections 3 and 4 of the D.P. Act, is hereby quashed so far as it relates to this petitioner is concerned.