SRIDHAR V. S/O SRI C.VASANTHAPPA Vs. STATE BY J.B. NAGAR POLICE STATION BANGLORE REP. BY ITS PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGLORE - 560 001

JUDGEMENT

(1.) THE petitioners have sought for quashing the proceedings in C.C.No.23334/2009, pending trial for offences punishable under sections 498A r/w 34 IPC and also for offences punishable under sections 3 & 4 of the Dowry Prohibition Act. When the matter is taken up for hearing, petitioner No.1 (husband of II -respondent), petitioner No.2 (mother -in -law of II -respondent), petitioner No.3 (elder sister of petitioner No. 1) and II -respondent have filed a joint memo reading as hereunder: - The petitioners No. 1 to 3 and the Respondent No.2 submit that, they have amicably settled their family disputes between them and further the petitioner No. 1 and the Respondent No.2 have also filed the decree of divorce, before the Family Court in M.C.No.2924/2012 and the same was granted on 18 -2 -2012 and sum of Ten lakhs was received by the Respondent No.2 towards permanent alimony and as such they pray that, this Hon'ble Court may be pleased to quash the proceedings in CC No.23334/2009 pending on the file of Chief Metropolitan Magistrate Court, Bangalore, in view of the settlement arrived between the parties, in the interest of justice and equity.

(2.) IN view of the joint memo, there is settlement of matrimonial dispute between petitioner No. 1 and II -respondent. The learned counsel appearing for parties submit that the proceedings pending in CC.No.23334/2009 pending trial for an offence punishable under section 498A r/w 34 IPC and also for offences punishable under sections 3 and 4 of Dowry Prohibition Act may be quashed.

(3.) THE learned counsel for petitioners and learned counsel for II -respondent relying on the judgment of the Supreme Court reported in 2012 AIR SCW 445 (in the case of Shiji alias Pappu and others v. Radhika and another) submit that if the Court is satisfied that the proceedings have to be quashed under section 482 Cr.P.C. by taking into consideration, the settled principles of law and the scope of section 482 Cr.P.C. the fact that the offences alleged in the impugned proceedings are non -compoundable would come in the way of quashing the proceedings.