Karnataka HC Quashes Wife’s Dowry-Cruelty FIR Against Husband, In-Laws After ₹6 Lakh Paid; ₹20 Lakh More Payable At Divorce Evidence Stage

The petitioners sought to quash the FIR in Crime No. 33/2024, registered on the second respondent’s complaint for offences under Sections 498A and 504 read with Section 149 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act

They submitted that the matrimonial dispute had been settled and produced a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act.

Under the settlement, petitioner No. 1 had agreed to pay Rs. 26,00,000, of which Rs. 6,00,000 had been paid, with the balance payable at the recording of evidence in the divorce proceedings.

The second respondent had agreed to consent to quashing the criminal proceedings.

The second respondent was served but remained unrepresented.

The Court considered its inherent jurisdiction under Section 482 of the Cr.P.C. to quash the criminal proceedings, alongside the offences alleged under Sections 498A and 504 read with Section 149 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act.

It also considered the parties’ mutual-consent divorce petition under Section 13(B) of the Hindu Marriage Act and the settlement terms recorded in it.

The Court treated the private and matrimonial nature of the dispute, together with its amicable settlement, as grounds for concluding that continuation of the proceedings would serve no useful purpose.

The Court relied on the mutual-consent divorce petition and the submissions concerning the settlement to find that the parties had amicably resolved their matrimonial dispute.

Given the private and matrimonial character of the dispute, it concluded that continuing the criminal proceedings would serve no useful purpose and quashed the FIR.

The Court also preserved the second respondent’s liberty to seek appropriate relief if petitioner No. 1 failed to comply with the agreed terms.

It reserved liberty to the second respondent to seek appropriate relief if petitioner No. 1 failed to adhere to the terms agreed in the Section 13(B) divorce petition.