G.N. Manjunath and Others Vs. State by Women Police Station and Another - Court Judgment

SooperKanoon Citationsooperkanoon.com/1144021
CourtKarnataka High Court
Decided OnFeb-26-2014
Case NumberCriminal Petition No. 454 of 2014
JudgeS.N. SATYANARAYANA
AppellantG.N. Manjunath and Others
RespondentState by Women Police Station and Another
Excerpt:
(prayer: this petition is filed u/s.482 cr.p.c praying to quash the fir bearing no.119/13 dated:7.9.13 filed by the women police shimoga in fir no.119/13, pending on the file of the jmfc-ii court, shimoga by allowing this petition.) 1. accused 1 to 4 in crime no.119/2013 registered with women's police station at shimoga, within the jurisdiction of jmfc-ii, shimoga, have come up in this petition seeking quashing of fir registered in the aforesaid crime number on 7.9.2013. 2. in this proceedings, first petitioner is the husband of complainant-second respondent, petitioners 2 and 3 are his parents, petitioner no.4 is his sister. subsequent to the marriage between first petitioner and second respondent, second respondent has filed complaint on 7.9.2013 against petitioners, who are accused 1 to 4 therein for offences punishable under sections 498-a, 506 r/w 34 of ipc and sections 3 and 4 of dowry prohibition act, 1961. it is stated that subsequent to complaint was registered with first respondent, with the intervention of well wishers of the parties, a settlement is arrived at between the parties. pursuant to which, a joint petition is filed under section 13b of the hindu marriage act seeking dissolution of the marriage between first petitioner and second respondent. it is stated that petition which is registered in mc.208/2003 pending on the file of family court, shivamogga, is listed for hearing on 5.4.2014. 3. the terms agreed between the parties for settlement is to the effect that, the first petitioner and second respondent have amicably resolved to get their marriage dissolved by filing joint petition under section 13b of hindu marriage act, 1955 and first petitioner would pay a sum of rs.21,00,000/- to the second respondent towards her past, present and future maintenance and in turn, second respondent would withdraw the complaint lodged by her in crime no.119/2013 under sections 498-a, 506 r/w 34 of ipc as well as sections 3 and 4 of dowry prohibition act, 1961. accordingly, this day, a joint affidavit is filed by the parties wherein it is stated that the parties have resolved to settle the dispute between themselves in the aforesaid terms and pursuant to the terms agreed between them, a sum of rs.5,00,000/- is paid this day by demand draft bearing no.267648 issued by the corporation bank, hospet branch payable at shimoga, which is accepted by second respondent complainant. the parties have also stated that balance amount of rs.16,00,000/- would be paid by first petitioner to second respondent on 5.4.2014 before the family court where mc.no.208/2013 filed under section 13b of hindu marriage act is pending consideration, wherein they would seek dissolution of the marriage on the next date of hearing. said affidavit is taken on record. 4. in the instant case, petitioners have sought for quashing of fir registered in crime no.119/2013 for the offences punishable under sections 498-a, 506 r/w 34 of ipc and sections 3 and 4 of dowry prohibition act, which are non compoundable offences. however, in the light of judgment rendered by the apex court in gian singh -vs- state of punjab and another, reported in (2012) 10 scc 303, in respect of non compoundable offences, which pertain to matrimonial dispute or financial dispute between the parties and which does not refer to the heinous crime like dacoity, murder, robbery, rape etc., it is well within the discretion of this court to consider quashing of the proceedings in exercise of its inherent power under section 482 of cr.p.c.. 5. therefore, in the light of aforesaid judgment, in exercise of power under section 482 of cr.p.c. the fir registered in crime no.119/2013 by women's police station, shimoga within the jurisdiction of jmfc-ii, shimoga, is quashed. while doing so, it is also observed that in the event of balance rs.16,00,000/- is not paid on 5.4.2014 before the family court, the settlement arrived at between the parties in second respondent giving consent for quashing the proceedings in crime no.119/2013, would not stand and the criminal proceedings would get restored to file. accordingly, this criminal petition is disposed of.
Judgment:

(Prayer: This Petition Is Filed U/S.482 Cr.P.C Praying To Quash The Fir Bearing No.119/13 Dated:7.9.13 Filed By The Women Police Shimoga In Fir No.119/13, Pending On The File Of The Jmfc-Ii Court, Shimoga By Allowing This Petition.)

1. Accused 1 to 4 in Crime No.119/2013 registered with Women's Police Station at Shimoga, within the jurisdiction of JMFC-II, Shimoga, have come up in this petition seeking quashing of FIR registered in the aforesaid crime number on 7.9.2013.

2. In this proceedings, first petitioner is the husband of complainant-second respondent, petitioners 2 and 3 are his parents, petitioner No.4 is his sister. Subsequent to the marriage between first petitioner and second respondent, second respondent has filed complaint on 7.9.2013 against petitioners, who are accused 1 to 4 therein for offences punishable under Sections 498-A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961. It is stated that subsequent to complaint was registered with first respondent, with the intervention of well wishers of the parties, a settlement is arrived at between the parties. Pursuant to which, a joint petition is filed under Section 13B of the Hindu Marriage Act seeking dissolution of the marriage between first petitioner and second respondent. It is stated that petition which is registered in MC.208/2003 pending on the file of Family Court, Shivamogga, is listed for hearing on 5.4.2014.

3. The terms agreed between the parties for settlement is to the effect that, the first petitioner and second respondent have amicably resolved to get their marriage dissolved by filing joint petition under Section 13B of Hindu marriage Act, 1955 and first petitioner would pay a sum of Rs.21,00,000/- to the second respondent towards her past, present and future maintenance and in turn, second respondent would withdraw the complaint lodged by her in Crime No.119/2013 under Sections 498-A, 506 r/w 34 of IPC as well as Sections 3 and 4 of Dowry Prohibition Act, 1961. Accordingly, this day, a joint affidavit is filed by the parties wherein it is stated that the parties have resolved to settle the dispute between themselves in the aforesaid terms and pursuant to the terms agreed between them, a sum of Rs.5,00,000/- is paid this day by demand draft bearing No.267648 issued by the Corporation Bank, Hospet Branch payable at Shimoga, which is accepted by second respondent complainant. The parties have also stated that balance amount of Rs.16,00,000/- would be paid by first petitioner to second respondent on 5.4.2014 before the family Court where MC.No.208/2013 filed under Section 13B of Hindu Marriage Act is pending consideration, wherein they would seek dissolution of the marriage on the next date of hearing. Said affidavit is taken on record.

4. In the instant case, petitioners have sought for quashing of FIR registered in Crime No.119/2013 for the offences punishable under Sections 498-A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, which are non compoundable offences. However, in the light of judgment rendered by the Apex Court in Gian Singh -vs- State of Punjab and Another, reported in (2012) 10 SCC 303, in respect of non compoundable offences, which pertain to matrimonial dispute or financial dispute between the parties and which does not refer to the heinous crime like dacoity, murder, robbery, rape etc., it is well within the discretion of this Court to consider quashing of the proceedings in exercise of its inherent power under Section 482 of Cr.P.C..

5. Therefore, in the light of aforesaid judgment, in exercise of power under Section 482 of Cr.P.C. the FIR registered in Crime No.119/2013 by Women's Police station, Shimoga within the jurisdiction of JMFC-II, Shimoga, is quashed. While doing so, it is also observed that in the event of balance Rs.16,00,000/- is not paid on 5.4.2014 before the Family Court, the settlement arrived at between the parties in second respondent giving consent for quashing the proceedings in Crime No.119/2013, would not stand and the criminal proceedings would get restored to file. Accordingly, this criminal petition is disposed of.