This Criminal Petition is filed under section 482 of Cr.P.C., seeking to quash the charge sheet and further proceedings in C.C.No.216/2011 (Crime No.09/2011 of Town Police Station, Gadag) pending on the file of I Addl. Civil Judge & JMFC I Court Gadag.
2. Heard the learned counsel for petitioner and learned High Court Government Pleader appearing for the respondent No.1 and also learned counsel for respondent No.2.
3. It is alleged in the charge sheet that Smt. Geeta Javoor was married to one Sri Rangappa Javoor on 15.11.2009 at Hanchinal, Tq: Saudatti according to Hindu customs and traditions. At the time of marriage : 3 : the father of respondent No.2/Smt. Geeta Javoor was given Rs.25,000/- in cash as a dowry, 1 Tola gold ornaments and Rs.50,000/- to purchase motor vehicle as per the demand of the petitioner. After the marriage for about one year both the petitioner and respondent lived happily and peaceful life. The respondent was treated and looked after well by her husband, father-in- law, and mother-in-law. Thereafter, the petitioner subjected Smt. Geeta Javoor to dowry harassment. Hence, the respondent No.2 filed the complaint against the petitioner for the offence punishable under Sections 498A, 427, 504 and 506 and 3 and 4 of D.P.Act. Subsequently, charge sheet was file don 17.02.2011 under Section 498A, 427, 504 and 506 by dropping Section 3 and 4 of D.P.Act.
4. The learned I Addl. Civil Jduge and JMFC I Court, Gadag, after perusing the charge sheet papers acting under Section 190(I)(b) of Cr.P.C., took cognizance of the offences punishable under sections 427, 498a, 504 and 506 of ipc and cognizance was taken against the : 4 : present petitioner and directed to register the case and issued the summons to the accused.
5. Learned counsel for the petitioner would submit that the parties have compromised the matter in the context and circumstances of the case the petition cannot be adjudicated on the ground that the matter has been settled and has ended in divorce. He further submits that the parties have compromised the matter and the trial may be of no significance.
6. Learned High Court Government Pleader submits that the matter has been already framed and matter was posted for evidence.
7. It is stated that the Court has taken cognizance and the divorce was granted in MC.No. 37/2012. Thus, after one year of taking cognizance the divorce petition came to be filed. : 5 :
8. In the circumstances of the case, the offence punishable under Section 498-A of IPC, is not a question of law. The matter assumes greater significance when non compoundable offence (Section 498-A in the present case) cannot allow to get quashed indirectly through compromise.
9. In the circumstances, relief under section 482 of Cr.P.C., is not only a discretionary but equally judicious particularly when the offence is based on facts and circumstances. Hence, there are not grounds to quash the proceedings. Accordingly, the petition is dismissed. Sd/- JUDGE