PRADEEPA M vs STATE OF KARNATAKA & ANR

Sri.Venkatesh B.K., learned Advocate, has filed Vakalath for Respondent No.2 along with a Xerox copy of Aadar Card of Respondent No.2.

Petitioner and Respondent No.2 and their respective counsel are present before the Court. The parties have filed a joint memo stating that they

have compromised the matter between themselves. The joint memo is recorded, as the parties have accepted the contents of the joint memo.

It appears, the 2nd respondent who is the wife of the petitioner herein, due to some family differences, has lodged a complaint in Crime

No.72/2015 before Chamarajpete Police Station, against the petitioner for the offences under Section 498-A and 506 of IPC and also under

Sections 3 & 4 of the Dowry Prohibition Act (for short, ''D.P. Act''), which culminated in C.C. No.26995/2015 on the file of the XXIV Addl.

Chief Metropolitan Magistrate at Bengaluru. The parties have compromised the matter and they have entered into Memorandum of Settlement

before the Bengaluru Mediation Centre in M.C. No.2229/2016. Accepting the said settlement, the Family Court in MC No.2229/2016 has

passed an order granting decree of divorce in favour of the husband.

In view of the above said compromise between the parties, there is no legal impediment for this court to pass appropriate order.

At this stage, it is worth to note here a decision of Hon''ble Apex Court rendered in Gian Singh Vs. State of Punjab and Another [ (2012) 10

SCC 303], wherein the Hon''ble Apex Court has given certain guidelines with regard to quashing of the proceedings whenever the parties have

entered into compromise. The relevant portion of the said decision reads thus:-

Held -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..............

Thus, held, heinous and serious offences of mental depravity, murder, rape, dacoity, etc., or under special statutes like Prevention of Corruption

Act or offences committed by public servants, cannot be quashed even though victim or victim''s family and offender have settled the dispute -

Such offences are not private in nature and have a serious impact on society.

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But 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 criminal case it 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...

The facts of this case also falls within the categories of cases as noted in the aforesaid decision of the Hon''ble Apex Court. Therefore, the

following order is passed:

ORDER

The petition is allowed after accepting the joint memo filed by the parties and also taking into consideration the settlement entered into between the

parties before the Family Court in MC No.2229/2016. Consequently, the entire proceedings in C.C. No.26995/2015 arising out of Crime

No.72/2015 on Chamarajpet Police Station, which is pending on the file of the XXIV ACMM, Bengaluru, for the offences punishable under

Sections 498-A and 506 of IPC and also under Sections 3 & 4 of the D.P. Act and all further proceedings therein are hereby quashed.