IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2604/2019 BETWEEN:
ABDUL SADIQ S/O LATE ABDUL WAHAB AGED ABOUT 33 YEARS R/O #700, 26TH CROSS 4TH MAIN, VIDYARANYAPURAM MYSURU PINCODE - 570 008.
... PETITIONER (BY SRI. SOMASHEKAR KASHIMATH., ADVOCATE) AND:
1. THE STATE OF KARNATAKA THROUGH MYSURU WOMEN POLICE, DISTRICT – MYSURU.
REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU - 560 001.
2. KUTEJA KUBRA W/O ABDUL SADIQ AGED BOUT 29 YEARS R/O NO.9/1, 5TH CORSS BYRASANDRA, 8TH MAIN ROAD 3RD EAST BLOCK, JAYANAGAR BENGALURU, PINCODE - 560 011.
3. JABEEN TAJ W/O NAYAZ ALI KHAN AGED ABOUT 43 YEARS R/O #889, 4TH MAIN 27TH CROSS, VIDYARANYAPURAM MYSURU PINCODE - 570 008.
4. THAHSEEN TAJ W/O MOHAMMED HASHMATHULLA AGED ABOUT 37 YEARS R/O 403, HESARAGATTA MAIN ROAD CHIKKA BANAWARA, BENGALURU PIN CODE - 560 090.
5. YASMEEN TAJ W/O IMRAN PASHA AGED ABOUT 31 YEARS R/O #140, 13TH CROSS HANUMA STREET, VINAYAKANAGAR ANNASANDRAPALYA, BENGALURU PINCODE - 560 017.
6. ROOH ULLA @ MOHAMMED ROOHULLA S/O MOHAMMED HASHMATHULLA AGED ABOUT 48 YEARS R/O 403, HESARAGATTA MAIN ROAD CHIKKA BANAWARA, BENGALURU PIN CODE - 560 090.
7. ABDUL SALIM S/O LATE ABDUL WAHAB AGED ABOUT 39 YEARS R/O #516, CHIKKA BANAWARA BENGALURU, PIN CODE - 560 090.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. SYED AMJAD., ADVOCATE FOR R-2;
SRI. A.S. NAVEEN., ADVOCATE FOR R-3 TO R-7) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT AS PER ANNEXURE-A FILED BY THE COMPLAINANT/RESPONDENT NO.2 BEFORE THE MYSURU WOMEN POLICE STATION, FOR THE OFFENCE P/U/S 498(A), 307 AND 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT ON 12.12.2018 IN CR.NO.98/2018, PENDING ON THE FILE OF IV ADDITIONAL CIVIL JUDGE (JR.DN.) AND J.M.F.C., MYSURU.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is arraigned as accused No.1 in Crime No.98/2018 registered for the offences punishable under Sections 498A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, by Mysuru Women Police Station pending on the file of IV Addl. Civil Judge (Sr.Dn.) & JMFC Court, Mysore, is before this Court for quashing of said proceedings.
2. Today a joint memo is filed by parties whereunder they have stated that marriage between petitioner/accused No.1 and second respondent came to be solemnised on 21.01.2018 at Mysuru and due to irreconcilable differences having arisen they were residing separately and despite several efforts made such differences did not reconcile. It is further stated that petitioner and second respondent have decided to part their ways by entering into kulanama, which is not recognized by this Court and as such they have also entered into a Memorandum of Settlement under Section 89 of CPC r/w Rules 24 and 25 of Karnataka Civil Procedure (Mediation) Rules, 2005 (Annexure-D) wherein they have settled all their disputes and second respondent has agreed to withdraw all pending cases initiated by her against petitioner. It is also stated that petitioner has paid a sum of `4,20,000/- as permanent alimony to second respondent by way of Demand Draft dated 06.03.2019 bearing No.008161 drawn on Karnataka Bank Ltd., Kempegowda Nagar Branch, Bengaluru which is acknowledged by her. It is further stated that they have no claims against each other and second respondent/complainant has no objection for proceedings pending against petitioner being quashed, since she does not intend to prosecute the proceedings. Second respondent has also filed an application along with affidavit seeking leave of this Court to withdraw the complaint lodged by her against petitioner. Same is placed on record.
3. Though it is stated that marriage between parties has come to an end by entering into Kulanama, this Court is not expressing any opinion in that regard since said issue is not before this Court nor this Court would be in a position to recognize the said Kulanama.
4. Be that as it may. Second respondent/ complainant who is present before Court having submitted that she does not intend to prosecute the complaint and also she having voluntarily agreed to withdraw the complaint lodged by her against petitioner and having reiterated the contents of joint memo by way of verifying affidavit, this Court is of the considered view that there is no impediment to accept the same. She also submits that out of her own free will without any force, threat or coercion she has affixed her signature to the joint memo and she has no objection for proceedings pending against petitioner being quashed. To establish the identity of parties present before Court, photocopies of identity cards issued by statutory authority is produced along joint memo. In token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to joint memo as well as photocopies of identity cards appended.
5. In the light of aforestated and keeping in mind the principles laid down by Hon’ble Apex Court in the case of GIAN SINGH vs. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioner would not serve any fruitful purpose, particularly when second respondent/ complainant herself has retraced her steps by withdrawing the complaint filed by her against petitioner and as such continuation of proceedings would not sub serve the ends of justice and it would only be waste of precious judicial time. Hence, this Court is of the considered view that petitioner is entitled to the relief sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioner in Crime No.98/2018 registered for the offence punishable under Sections 498A, 506 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, by Mysuru Women Police Station on the file of IV Addl. Civil Judge (Sr.Dn.) & JMFC Court, Mysore, is quashed and petitioner is acquitted of aforesaid offence.
SD/- JUDGE DR