Blog

The criminal petition is filed by petitioner/accused to quash the criminal proceedings against him, pending before civil judicial magistrate for the offence punishable under section 498A ( speaks about Husband or relative of husband of a woman subjecting her to cruelty), 506 (speaks about criminal intimation), 504 ( speaks about intentional insult with intent to provoke breach of peace) read with Section 34 of IPC (which speaks about act done by several person in furtherance of common intention) and Sections 3 and 4 of Dowry Prohibition Act, 1961 and the petition is allowed by High court of Karnataka through learned single bench led by the Honorable Mr justice K. Natarajan in the case between Vijay A R vs state of Karnataka (C.P. NO 5473/2021) on 13th January 2021.

Brief facts of the case are that the case of the prosecution that on the complaint of respondent Swathi, who is the wife of petitioner, the Police on 15.08.2018 registered a case, wherein she has alleged that petitioner/accused married to her and subsequently, all the relatives of the accused used to harass her for dowry in spite of having given dowry and Rs.10 Lakhs being spent towards marriage expenses. Subsequent to the filing of the complaint, respondent also filed a matrimonial case before the Senior Civil Judge, Bengaluru Rural District and the said case was referred to the Bengaluru Mediation Centre, which was settled between the parties by way of memorandum of settlement. While settling the dispute between the parties, at paragraph 4 of the memorandum of settlement, it has been stated that respondent has agreed to close the criminal proceedings against the accused and the divorce has been granted to the settlement and withdrawing all other pending cases against the petitioners herein.

In spite of the Settlement between the parties, respondent has not chosen to co-operate with the petitioners for Closing the matter in criminal cases. Therefore, the Petitioners are before this Court..

After hearing the arguments of the learned Counsel for the parties especially on perusal of records the memorandum of settlement executed between the parties before the Mediation Center on 26.03.2021, wherein it is clearly mentioned that respondent shall co-operate for closing of the criminal matter. In view of the settlement between the parties, the respondent is not co-operating with the petitioners for closing the proceedings. Once the matter has been settled between the parties and divorce has been granted, Continuing the proceedings in criminal case would amount to abuse of process of law and president presented before the Honorable court regarding the Judgment of the Honorable Supreme Court in the case of Gani Singh Vs. State Of Punjab & Another reported In 2012, the criminal proceedings shall have to be quashed.

After hearing the arguments of both the learned counsels and records and facts presented before the Honorable court , court allowed the petition and criminal proceedings pending before the of chief judicial magistrate against the petitioner has been quashed.

Click here to read the judgement

Judgement Reviewed by Sugam Anand Mishra