G.T. Shanthakumar & Others vs State Of Karnataka & Others

H.P. Sandesh, J

This petition is filed under Section 482 of Cr.P.C, praying this Court to quash the FIR in Crime No.79/2010 registered at Basavangudi Women

Station, Bengaluru, which is numbered as C.C.No.21448/2012 pending on the file of II ACMM, Bengaluru and grant such other relief as this Court

deemed fit in the facts and circumstances of the case.

The factual matrix of the case is that, respondent No.2 had filed a complaint before the police and the police have registered an FIR, thereafter,

investigated the matter and filed the charge sheet for the offences punishable under Sections 498A, 506, 420 read with Section 34 of IPC and Sections

3 & 4 of the Dowry Prohibition Act, 1961 (‘DP Act’ for short).

Now, the parties have settled the matter amicably before the Mediation Centre and also filed an application under Section 320(2) of Cr.P.C, before

this Court seeking permission of this Court to permit them to compound the offences. All the parties are present before the Court and they have also

signed the application. Apart from that, they have also produced Annexure ‘E’-Memorandum of Settlement under Section 89 of CPC read with

Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005, wherein, the settlement has been arrived at between the parties. In terms

of the settlement, an amount of Rs.20,00,000/- to be paid to respondent No.2 herein. Now, the Pay Order for an amount of Rs.20,00,000/- is given to

respondent No.2 and the same has been acknowledged by respondent No.2.

In terms of Annexure ‘E’, respondent No.2 also agreed to assist this Court in quashing of this proceeding in view of the settlement arrived at

between the parties and accordingly all the parties are before the Court. Though, respondent No.2 is represented before the Court through her

Counsel, she also present before the Court and acknowledged an amount of Rs.20,00,000/- for having received. In terms of the settlement, the Court

can permit the parties to compound the offences.

In view of the judgment of the Apex Court in GIAN SINGH V. STATE OF PUNJAB reported in (2012) 10 SCC 303, if the dispute is matrimonial

dispute between the parties, such offences can be compounded with the permission of the Court, if it is not affecting the society at large and inter se

between the parties. Hence, it is a fit case to invoke Section 482 of Cr.P.C, to quash the proceedings initiated against the petitioners herein.

In view of the discussions made above, I pass the following:

ORDER

(i) The petition is allowed.

(ii) The application filed under Section 320(2) of Cr.P.C, is hereby allowed.

(iii) Consequently, an FIR in Crime No.79/2010 registered at Basavangudi Women Station, Bengaluru, which is numbered as C.C.No.21448/2012

pending on the file of II ACMM, Bengaluru, is hereby quashed.

In view of allowing the main petition, I.A., if any, does not survive for consideration and the same stands disposed of.