SAGAR B. GOPALA GOUDA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners - accused Nos.1 to 4, who are sought to be prosecuted for the offences punishable under Ss. 498A , 504 read with Sec. 34 of IPC, are before this Court.

(2.) The respondent No.2 lodged the FIR alleging that, the accused No.1 is the husband. The accused Nos.2 and 3 are the parents-in-law of the accused No.1. The accused No.4 is the brother-in-law of the accused No.1, and subjected the respondent No.2 to cruelty both mentally and physically, and also demanded money from the parental home. The accused No.1 had filed a petition in MC No.3204/2022 for dissolving his marriage with the respondent No.2. In the said proceeding, the matter was referred to Mediation Center to explore the possibility of settlement between the parties. The parties have entered into settlement among themselves to dissolve their marriage mutually, and also the respondent No.2 agreed to withdraw the FIR lodged by her against the petitioner - accused No.1. In terms of the settlement arrived between the parties, the Family Court by order dtd. 31/10/2022 has dissolved the marriage of the accused No.1 with the respondent No.2 - complainant.

(3.) Though the offences are cognizable and non- compoundable, however, having regard to the fact that, the parties have amicably settled the dispute among themselves, and the respondent No.2 having no objection for quashing the impugned FIR, it would be futile exercise if the accused are subjected to investigation, since the probability of the police filing charge sheet is remote and bleak in view of the settlement. Accordingly, I pass the following: