Case Note & Summary
The petitioners, who were accused Nos.1, 3 to 6 in C.C.No.16/2017 pending before the Prl. Munsiff and JMFC Court, Raichur, filed a petition under Section 482 of the Code of Criminal Procedure, 1973 seeking quashing of the entire proceedings. The case arose from a complaint filed by Smt. Syeda Shagufta Naaz, the wife of petitioner No.1 (Mohammed Ajaz), alleging offences under Section 498A (cruelty) and Section 504 (intentional insult) read with Section 149 (unlawful assembly) of the Indian Penal Code, 1860, and Sections 3, 4, and 6 of the Dowry Prohibition Act, 1961. The charge sheet was filed against six accused, but accused No.2 was reported to be deceased. During the pendency of the petition, the parties, represented by their respective counsel, submitted that they had amicably settled their dispute. The complainant-respondent No.2 did not oppose the quashing. The High Court, considering the settlement and that the complainant was the wife of petitioner No.1, held that continuing the proceedings would be an abuse of the process of law. Accordingly, the court allowed the petition and quashed the entire proceedings in C.C.No.16/2017.
Headnote
A) Criminal Procedure Code - Quashing of Proceedings - Section 482 CrPC - Compromise in Matrimonial Offences - The High Court quashed proceedings in C.C.No.16/2017 for offences under Section 498A, 504 r/w 149 IPC and Sections 3,4,6 of Dowry Prohibition Act, as the complainant-wife and accused-husband and his relatives settled the dispute amicably. The Court held that continuation of proceedings would be an abuse of process of law, and in view of the settlement, the proceedings were quashed. (Paras 1-4)
Issue of Consideration
Whether criminal proceedings for offences under Section 498A IPC and Sections 3, 4, 6 of Dowry Prohibition Act can be quashed under Section 482 CrPC on the basis of an amicable settlement between the complainant-wife and accused-husband and his relatives.
Final Decision
The petition is allowed. The entire proceedings in C.C.No.16/2017 pending on the file of Prl. Munsiff and J.M.F.C. Court, Raichur, are quashed.
Law Points
- Compounding of non-compoundable offences
- Section 482 CrPC
- quashing of criminal proceedings on settlement
- matrimonial disputes
- Dowry Prohibition Act
- Section 498A IPC
Case Details
2018 LawText (KAR) (09) 29
Criminal Petition No.201429/2017
Sri. Ishwar Raj. S. Chowdapur (for petitioners), Sri. P.S. Patil (HCGP for R1), Smt. Anita Reddy (for R2)
Mohammed Ajaz, Quazi Mohammed Farooq, Smt. Zabin, Smt. Zakira Begum, Muneer Baag
The State of Karnataka, Syeda Shagufta Naaz
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Nature of Litigation
Criminal petition under Section 482 CrPC seeking quashing of proceedings in a matrimonial dispute involving allegations of cruelty and dowry harassment.
Remedy Sought
The petitioners (accused) sought quashing of the entire proceedings in C.C.No.16/2017 pending before the Prl. Munsiff and JMFC Court, Raichur.
Filing Reason
The petitioners were arrayed as accused in a case filed by the complainant-wife for offences under Section 498A, 504 r/w 149 IPC and Sections 3,4,6 of Dowry Prohibition Act. The parties subsequently settled the dispute amicably.
Previous Decisions
The charge sheet was filed against six accused; accused No.2 was reported to be deceased. The case was pending as C.C.No.16/2017.
Issues
Whether the criminal proceedings can be quashed under Section 482 CrPC in view of the amicable settlement between the parties.
Submissions/Arguments
The learned counsels for both parties submitted that the dispute has been settled amicably and the complainant did not oppose the quashing.
Ratio Decidendi
When the parties to a matrimonial dispute have amicably settled their differences, continuing criminal proceedings would be an abuse of the process of law, and the High Court can exercise its inherent power under Section 482 CrPC to quash such proceedings to secure the ends of justice.
Judgment Excerpts
The learned counsels appearing for the parties submit that, both the parties have settled their dispute amicably and the complainant/respondent No.2 herein who is represented by the learned counsel Smt.Anita Reddy has no objection to quash the proceedings.
In view of the settlement arrived at between the parties, the proceedings pending against the petitioners is liable to be quashed.
Procedural History
The petitioners filed a petition under Section 482 CrPC to quash proceedings in C.C.No.16/2017. During the hearing, the parties informed the court of an amicable settlement. The court allowed the petition and quashed the proceedings.
Acts & Sections
- Code of Criminal Procedure, 1973 (CrPC): 482
- Indian Penal Code, 1860 (IPC): 498A, 504, 149
- Dowry Prohibition Act, 1961: 3, 4, 6
