Kar HC | Continuation of criminal proceedings against parties who have amicably settled their disputes would tantamount to abuse of process of law

Karnataka High Court: Mohammad Nawaz, J., while allowing the petition quashed the entire proceedings.

This instant petition was filed under Section 482 CrPC for quashing the proceedings under Sections 143, 147, 498-A, 323, 504, 506 read with Section 149 of the Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act, 1961.

Respondent 2 is the complainant and she is the wife of the petitioner 1.

Counsel for the petitioner, Arunkumar Amargundappa, submitted that complainant and petitioner had settled the matter by resolving their differences. Hence, the complainant did not want to prosecute the petitioners.

Respondent 2 and petitioner 1 had amicably settled their disputes. Therefore, the Family Court-dissolved their marriage by a decree. Hence, the proceedings which were then pending before JMFC-II were supposed to be quashed.

By analysing the facts and circumstances of the case, the Court observed that entire allegations in the complaint revolve around family issues, which after the settlement is resolved and both the parties after the dissolution of marriage had re-married. Respondent 2 had also received permanent alimony.

The Supreme Court in Gian Singh v. State of Punjab, (2012) 10 SCC 303 held that ‘power to quash a criminal proceeding may be exercised where the parties have settled particularly their matrimonial disputes’.

Hence, a continuation of criminal proceedings against the petitioners would tantamount to abuse of the process of law. [Girish v. State of Karnataka, 2019 SCC OnLine Kar 2094, decided on 10-10-2019]

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