Case Note & Summary
The petitioners, who were accused No.1, 3 to 6 in S.C.No.295/2018 pending before the Prl. District and Sessions Judge, Kalaburagi, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 (CrPC) seeking to quash the entire proceedings. The ground for the petition was that the complainant (respondent No.2) and the accused had settled their dispute amicably, and the complainant was no longer interested in prosecuting the case. The brief facts of the case are that the first informant is the brother-in-law of accused No.1, as the sister of accused No.1 was married to the first informant. There was a dispute regarding house property No.5-530, and on 03.06.2016 at about 09.45 p.m., an incident occurred leading to the registration of Crime No.38/2016 at Roza Police Station. The court heard the learned counsel for the petitioners, the learned counsel for the first informant/respondent No.2, and the learned High Court Government Pleader for the respondent/State. After considering the submissions and the fact that the parties had settled the dispute, the court allowed the petition and quashed the proceedings in S.C.No.295/2018, holding that continuation of the proceedings would be an abuse of the process of the court.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Compounding of Offences - The petitioners (accused) sought quashing of proceedings in S.C.No.295/2018 on the ground of settlement with the complainant. The dispute arose from a family property issue between brother-in-law and accused. The court, after hearing parties and noting the settlement, allowed the petition and quashed the proceedings. Held that when parties have settled the dispute, continuation of proceedings would be an abuse of process of court. (Paras 1-5)
Issue of Consideration
Whether the criminal proceedings in S.C.No.295/2018 can be quashed under Section 482 CrPC on the ground that the complainant and accused have settled their dispute amicably.
Final Decision
The petition is allowed. The entire proceedings in S.C.No.295/2018 pending on the file of Prl. District and Sessions Judge, Kalaburagi, in Crime No.38/2016 of Roza Police Station are quashed.
Law Points
- Compounding of non-compoundable offences
- Section 482 CrPC
- quashing of criminal proceedings on settlement
- inherent powers of High Court
- matrimonial and property disputes
