Karnataka High Court
Sri Kaustav Das vs State Of Karnataka on 11 January, 2024
-1-
NC: 2024:KHC:1628
CRL.P No. 5869 of 2018
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF JANUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE SACHIN SHANKAR MAGADUM
CRIMINAL PETITION NO. 5869 OF 2018
BETWEEN:
SRI KAUSTAV DAS
S/O RAMEN DAS,
AGED ABOUT 51 YEARS,
R/AT NO.4044, PRESTIGE TRANQUILLITY
BUDIGERE MAIN ROAD,
BOMMANAHALLI, BENGALURU-560049.
...PETITIONER
(BY SRI.N.GOWTHAM RAGHUNATH, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH RAMAMURTHYNAGAR P.S,
Digitally REPRESENTED BY ITS PUBLIC PROSECUTOR,
signed by HIGH COURT OF KARNATAKA, BENGALURU-560001.
ALBHAGYA
Location:
2. SMT SANGEETHA REDDY DAS
HIGH
COURT OF W/O.SRI.KAUSTAV DAS,
KARNATAKA AGED ABOUT 37 YEARS,
R/AT NO.B-202, AJMERA ARISTA,
16 SERVICE ROAD, ANNAIAH REDDY LAYOUT,
OUTER RING ROAD, BANASWADI,
BENGALURU-560043.
...RESPONDENTS
(BY SRI.VENKATA SATYANARAYANA, HCGP FOR R1;
SMT.ANKITHA G. SHELKE, ADVOCATE FOR R2)
-2-
NC: 2024:KHC:1628
CRL.P No. 5869 of 2018
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET
IN C.C.NO.53701/2018, ARISING OUT OF CRIME NO.610/2017,
FILED BY THE 1ST RESPONDENT POLICE ON THE FILE OF THE X
ACMM, BANGALORE FOR THE OFFENCES P/U/S
498A,506,504,323 R/W 34 OF IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
The captioned petition is filed by the husband
seeking quashing of the proceedings pending in
C.C.No.53701/2018 on the file of the X Additional Chief
Metropolitan Magistrate, Bengaluru for the offences
punishable under Sections 498(A), 506, 504, 323 read
with Section 34 of IPC.
2. The petitioner/husband and respondent
No.2/wife have filed a joint affidavit and have also placed
on record the settlement recorded in M.C.No.356/2018.
In view of amicable settlement arrived at between
petitioner/husband and respondent No.2/wife, the
respondent No.2/wife who is the complainant by way of
affidavit has consented for quashing of criminal
proceedings against the petitioner/husband for the
NC: 2024:KHC:1628
offences punishable under Sections 498(A), 506, 504, 323
read with Section 34 of IPC.
3. This Court has enquired with the respondent
No.2/wife and has also examined the terms of settlement
recorded in matrimonial dispute. In terms of settlement
before the Family Court, the marriage of petitioner with
respondent No.2 is dissolved. In terms of settlement,
respondent No.2/wife has undertaken to withdraw all
criminal proceedings.
4. Considering the facts of the present case, the
matrimonial dispute between husband and wife deserves
to be quashed when both spouses have resolved their
entire dispute among themselves through compromise
duly filed and verified by this Court.
5. In view of the discussion made above, I am
more than satisfied that it would be unnecessary to drag
these proceedings, as continuation of criminal
proceedings, despite settlement and compromise, would
amount to abuse of process of law.
NC: 2024:KHC:1628
6. The Hon'ble Apex Court in catena of judgments
has laid down certain guidelines in regard to the power of
High Court to quash the proceedings. The Apex Court in
the case of Parbatbhai Aahir & Others vs. State of
Gujarat & Another1 has held that power to quash
criminal proceedings or complaint or FIR may be exercised
where the offender and the victim have settled their
dispute having regard to the nature and gravity of the
crime. It is only in heinous and serious offences of mental
depravity or offences like murder, rape, dacoity, cannot be
fittingly quashed even though the victim or victim's family
and the offender have settled the dispute. Such offences
are not private in nature and have a serious impact on
society. Similarly, offences under the Prevention of
Corruption Act or the offences committed by public
servants cannot provide for any basis for quashing
criminal proceedings involving such offences. If criminal
cases are registered which are offshoot of matrimonial
(2017) 9 SCC 641
NC: 2024:KHC:1628
disputes between husband and wife and if amicable
settlement is arrived at and wife concedes for quashing of
the proceedings, it is well within the power of High Court
to quash the proceedings under Section 482 of Cr.P.C.
7. If by way of compromise, the matrimonial
disputes are given a quietus, then Section 482 preserves
the inherent powers of the High Court and High Court in a
given set of facts and circumstances of the case to prevent
abuse of process or to secure the ends of justice, may
quash the proceedings. The above said principles are
squarely applicable to the present case on hand.
8. Since the alleged offences are not grave and
they are more in a civil nature, I am of the view that to
put an end to the litigation between the parties, I deem it
fit to quash the proceedings for the offences punishable
under Sections 498(A), 506, 504, 323 read with Section
34 of IPC.
9. For the reasons stated supra, I pass the
following:
NC: 2024:KHC:1628
ORDER
(i) The criminal petition is allowed;
(ii) The proceedings pending in
C.C.No.53701/2018 on the file of the X
Additional Chief Metropolitan Magistrate,
Bengaluru for the offences punishable under
Sections 498(A), 506, 504, 323 read with
Section 34 of IPC insofar as petitioner/husband is
concerned are hereby quashed;
(iii) The pending interlocutory application, if
any, does not survive for consideration and
stands disposed of accordingly.
Sd/-
JUDGE
CA
