Case Note & Summary
The petitioners, who are accused Nos.1 to 4 in C.C.No.1362/2016 pending before the Senior Civil Judge and CJM, Chickmagalur, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the entire proceedings. The complaint was filed by respondent No.2, Smt. Megha, wife of petitioner No.3 T.L. Rahul, alleging offences under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. During the pendency of the petition, the parties entered into a compromise and the complainant filed an affidavit stating that she had settled the matter with the accused and had no objection to the quashing of the proceedings. The court, after hearing the parties and considering the nature of the dispute which was primarily matrimonial, held that since the complainant was no longer interested in prosecuting the case, continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the petition and quashed the proceedings in C.C.No.1362/2016.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Settlement - Where the complainant and accused have amicably resolved their disputes and the complainant is no longer interested in prosecuting the case, continuation of proceedings would be an abuse of process of law - Held that the proceedings in C.C.No.1362/2016 are liable to be quashed (Paras 5-6).
Issue of Consideration
Whether the criminal proceedings in C.C.No.1362/2016 for offences under Sections 498A, 504, 506 read with Section 34 IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 should be quashed in view of the settlement between the complainant and the accused.
Final Decision
The petition is allowed. The entire proceedings in C.C.No.1362/2016 pending on the file of the learned Senior Civil Judge and CJM, Chickmagalur are quashed.
Law Points
- Quashing of criminal proceedings under Section 482 CrPC
- Settlement between parties
- Dowry harassment
- Abuse of process of law
Case Details
2020 LawText (KAR) (11) 38
Criminal Petition No. 3574 of 2017
B.K. Manjunath for petitioners, Smt. Rashmi Jadhav (HCGP) for R-1, Sri N.R. Ravikumar for R-2
T.S. Lohithashwa, Smt. G. Vathsala, T.L. Rahul, T.L. Sharath Chandra
State of Karnataka, Smt. Megha
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings in a dowry harassment case.
Remedy Sought
Petitioners (accused) sought quashing of entire proceedings in C.C.No.1362/2016.
Filing Reason
The petitioners were arraigned as accused in a complaint filed by respondent No.2 alleging offences under Sections 498A, 504, 506 IPC and Sections 3, 4 of Dowry Prohibition Act.
Previous Decisions
The matter was pending before the Senior Civil Judge and CJM, Chickmagalur as C.C.No.1362/2016.
Issues
Whether the criminal proceedings should be quashed in view of the settlement between the parties.
Submissions/Arguments
Petitioners' counsel argued that the parties have amicably settled the dispute and the complainant has filed an affidavit stating no objection to quashing.
Respondent No.2's counsel confirmed the settlement and supported the quashing.
Ratio Decidendi
Where the complainant and accused have amicably resolved their disputes and the complainant is no longer interested in prosecuting the case, continuation of proceedings would be an abuse of process of law, warranting quashing under Section 482 CrPC.
Judgment Excerpts
The complainant has filed an affidavit stating that she has settled the matter with the accused and has no objection for quashing the proceedings.
Since the complainant is no longer interested in prosecuting the case, continuation of proceedings would be an abuse of process of law.
Procedural History
The complaint was filed by respondent No.2 leading to C.C.No.1362/2016 before the Senior Civil Judge and CJM, Chickmagalur. The petitioners filed Criminal Petition No. 3574 of 2017 under Section 482 CrPC seeking quashing. During pendency, parties settled and complainant filed affidavit. The High Court heard the matter on 25.11.2020 and allowed the petition.
Acts & Sections
- Code of Criminal Procedure, 1973: 482
- Indian Penal Code, 1860: 498A, 504, 506, 34
- Dowry Prohibition Act, 1961: 3, 4
