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Judgment
K.N. Keshavanarayana, J.—In this petition filed u/s 482 of Cr.P.C., the petitioners arraigned as Accused Nos. 1 to 4 in C.C. No. 22717/2012 on the file of the V-Additional C.M.M., Bangalore, have sought for quashing the prosecution launched against them for the offences punishable under Sections 498-A of IPC and Sections- 3 & 4 of the Dowry Prohibition Act (for short "D.P. Act"). Respondent No. 2 is the wife of the 1st petitioner, whereas Petitioner No. 2 is the mother-in-law, Petitioner No. 3 is the brother-in-law and Petitioner No. 4 is the sister-in-law of the 2nd respondent.
During the pendency of this petition, the matrimonial dispute between the 1st petitioner and the 2nd respondent, which was pending before the IV Additional Principal Judge, Family Court, Bangalore, in M.C. No. 31/2012 was referred to mediation. In the mediation, the parties have reached an amicable settlement regarding the matrimonial dispute and agreed to put an end to the marital relationship, subject to conditions set-out therein. A Memorandum of Settlement was also signed by the parties before the mediator and the same was forwarded to the family court, based on which, the family court has ordered dissolution of the marriage between the 1st petitioner and the 2nd respondent by a decree of divorce. It was agreed between the parties that, in view of the settlement arrived at between the parties, the 2nd respondent herein to co-operate with the petitioners for closing the criminal case registered against the petitioners on the basis of the complaint lodged by her in Crime No. 65/2012 of J.P. Nagar Police Station. Under these circumstances, the petitioners have sought for quashing the prosecution launched against them on the ground that since the matrimonial dispute between the. 1st petitioner and the 2nd respondent, which was the basis for filing the complaint, has been settled amicably, no purpose would be served in continuing with the prosecution and that continuance of the prosecution would be sheer waste of precious time of the court and also would results in harassment to the petitioners.
Perusal of the papers indicates that the matrimonial dispute between the 1st petitioner and the 2nd respondent was the root-cause for filing complaint by the 2nd respondent before the J.P. Nagar Police, on the basis of which, the charge sheet came to be filed against these petitioners. Now the matrimonial dispute between the 1st petitioner and the 2nd respondent having been settled and their marriage having been dissolved by a decree of divorce pursuant to an agreement entered into between them, no useful purpose would be served in continuing with the criminal prosecution launched on the basis of the complaint lodged by the 2nd respondent. The continuance of the prosecution would not only result in waste of precious time of the court, but also cause great hardship to the petitioners.
The Apex Court in the case of Gian Singh Vs. State of Punjab and Another, has held that, where the dispute is predominantly civil in nature or in relation to matrimonial dispute, and if it is reported that the parties have amicably settled their dispute, the prosecution though launched for non-compoundable offence, the High Court in exercise of its powers u/s 482 of Cr.P.C. could quash such prosecution. In this view of the matter, I am satisfied that the criminal prosecution launched against the petitioners, in the light of the settlement of the matrimonial dispute, is liable to be quashed. In the result, the petition is allowed. The prosecution launched against these petitioners in C.C. No. 22717/2012 on the file of the V-Additional C.M.M., Bangalore City, is hereby quashed.