R. SRINIVASA AND ORS. Vs. STATE OF KARNATAKA AND ORS.

JUDGEMENT

(1.) Sri. R. Srinivasa, Petitioner No. 1 and Sri. Anandeeswar, learned counsel for the petitioners are present before the Court. Respondent No. 2 is also present before the Court. Sri. H.M. Kishor Kumar, learned advocate files vakalath on behalf of respondent No. 2. Heard both sides. Both the parties admit that they have compromised the matter and resolved the conflict between themselves in MC No. 3447/2013 and in this regard, they have entered into a Memorandum of Settlement before the Family Court at Bangalore.

(2.) The records disclose that the parties have filed the said Memorandum of Settlement before the Principal Judge, Family Court, Bangalore in MC No. 3447/2013 and the said Petition is filed for divorce u/S. 13(B) of the Hindu Marriage Act, was allowed by the Court vide order dated 11.3.2014. When the dispute arose between the parties, it appears, the wife has also filed a complaint against the husband and his relatives for the offences punishable under sections 498-A, 323, 506 of IPC and also under Sections 3 & 4 of Dowry Prohibition Act and the same was investigated and it was culminated in CC No. 41749/2010 pending on the file of the III Addl. CMM, Bangalore. The parties have compromised the matter between themselves. Both of them prayed for quashing of the entire proceedings pending before the criminal Court. There is no legal impediment for this Court to quash the proceedings.

(3.) Before granting such permission to compound the offences, it is relevant to refer to the latest pronouncement of the Apex Court in the case of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another, 2013 4 SCC 58wherein the Hon'ble Apex Court while dealing with the provisions of Sections 482 and 320 of Cr.P.C., the Hon'ble Apex Court has held that -