SIR. HEMANTH KUMAR S/O MANJUNATH, & ORS. vs THE STATION HOUSE OFFICER, RAJARAJESHWARI NAGAR POLICE STATION, & ANR.

Sri.C. Rajakumar, learned Advocate files vakalath for Respondent-Netravathi.

Petitioner No.1-Hemanth Kumar and his counsel and his counsel and Respondent No.2 and Respondent No.2-Netravathi and her counsel are present before the court.

Petitioners- 2 to 7 are said to be the kith and kin of Petitioner No.1, therefore, their presence is dispensed with.

Petitioner No.1 and Respondent-2 have filed a report of Bangalore Mediation Centre before the court, which is marked at (Annexure-D), wherein at Paragraph-5, the respondent while compromising the matter has agreed to facilitate the 1st petitioner to withdraw C.C. No.1350/2015 registered under Section 498-A and other offences. Today, the parties are present before the court and they accept the compromise entered between the them before the Mediation Centre. By virtue of the said report of the Mediation Centre, the First Additional Principal Judge, Family Court, Bengaluru in M.C. No.4978/2013 has granted the decree of divorce dissolving the marriage between the petitioner and the 2nd respondent herein. By virtue of the above said compromise between the parties, they seek for quashing of the proceedings in C.C. No.1350/2015 pending on the file of the III Additional Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 498-A, 504, 506 r/w. 34 of IPC and 3 & 4 of the Dowry Prohibition Act.

As could be seen from the entire allegations made in the complaint and the charge sheet by the 2nd respondent for the above said offences discloses, that, it is a matrimonial dispute between the parties which has been resolved between themselves by means of entering into compromise before the Bengaluru Mediation Centre.

It is worth to note here a decision of the Hon''ble Apex Court reported in (2012) 10 SCC 303 (Gian Singh Vs. State of Punjab), wherein it is held thus:

"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 while working in their capacity as 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. - But, criminal cases having overwhelmingly and predominantingly Civil flavour stand on a different footing- "if the 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 to secure ends of justice, it is appropriate the criminal case is 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 offences alleged in the charge sheet is purely relating to matrimonial dispute, where the wrong is basically private and personal in nature between the parties. As the parties have resolved their dispute, the High Court will get powers under Section 482 of Cr.PC. to quash such proceedings. Therefore, in my opinion, when the parties have resolved their dispute and they want to lead their future life happily according to their wish, in my opinion, the criminal proceedings, if is continued, would amounts to abuse of the process of law. Hence, the said proceedings are liable to be quashed.

In view of the above factual circumstances, the following order is passed.

ORDER

The petition is allowed.

Consequently, all the proceedings in connection with CC No.1350/2015 pending on the file of the III Additional Metropolitan Magistrate, Bengaluru, registered for the offences punishable under Sections 498-A, 504, 506 r/w. 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act, are hereby quashed.