IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 27TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.1236/2018 BETWEEN:
1. ABRAR AMEER BAIG S/O AMEER BAIG AGED 27 YEARS.
2. AMEER BAIG S/O YOUSUF BAIG AGED 67 YEARS.
3. AAPTHA BAIG W/O AMEER BAIG AGED ABOUT 57 YEARS.
ALL PERMANENT RESIDENTS OF:
NO.6/7, BHAIR LANE KASHA VELLORE ... PETITIONERS (BY SMT. P. SRIMATI ON BEHALF OF SRI. KIRAN S JAVALI., ADVOCATE) AND:
1. STATE OF KARNATAKA BY POLICE INSPECTOR RAJARAJESHWARI NAGARA POLICE STATION BENGALURU CITY, KARNATAKA 2. SAFINA SAMREEN W/O ABRAR AMEER BAIG NO.1328, 5TH CROSS, 5TH MAIN BEML LAYOUT 5TH STAGE RAJARAJESHWARI NAGARA POLICE STATION BENGALURU – 560 098.
... RESPONDENTS (BY SRI. S. CHANDRASHEKARAIAH., HCGP FOR R-1; SRI. B. LETHIF., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE LOOKOUT NOTICE BEARING NO.CRM/393/DCP/WEST/2017 DATED:14.11.2017 ISSUED BY DCP INTELIGENCE, BANGALORE IN CR.NO.250/2017 FILED BY THE RAJARAJESHWARI NAGARA POLICE STATION, BANGALORE FOR THE OFFENCES P/U/S 498A, 417 OF IPC.
THIS PETITION COMING ON FOR ADMISSION DAY, THE COURT MADE THE FOLLOWING:
O R D E R Heard Smt. P. Srimathi, learned Advocate appearing on behalf of Sri.Kiran S. Javali for petitioners, Sri. S. Chandrashekaraiah, learned HCGP appearing for first respondent-State and Sri. B.Lethif, learned Advocate appearing for second respondent. Perused the records.
2. Petitioners are arraigned as accused Nos.1 to 3 in Crime No.250/2017 for the offences punishable under Sections 498A, 417 of IPC which proceedings are pending on the file of III Additional Chief Metropolitan Magistrate, Bangalore are before this Court for quashing of said proceedings.
3. Facts in brief which has led to filing of this petition are as under:
An engagement ceremony came to be held on 22.01.2017 between second respondent herein and first petitioner at Bangalore whereunder it was agreed that marriage would be contracted between them. Subsequently, marriage was registered on 30.01.2017 at the office of the Sub-Registrar, Rajarajeshwari Nagar, Bengaluru. On account of certain disputes having been arisen between parties, complaint came to be lodged by second respondent herein on 23.10.2017 alleging that she had been harassed and subjected to cruelty by petitioners. She has also alleged that first petitioner without informing complainant had withdrawn his sponsorship for grant of visa to her and as such application submitted by second respondent for grant of visa to proceed to Australia had been rejected.
4. Today, parties have filed a joint memo enclosing the settlement arrived at between them. Since, petitioners are residing at Australia the terms of settlement, which is duly signed by them, has been authenticated by the jurisdictional Notary at Australia and also a counter signed by certificate certifying the execution of the same has been enclosed with the said joint memo. Identity cards of the petitioners and second respondent are also enclosed to the settlement arrived at. Since, the dispute revolves around matrimonial dispute between first petitioner and second respondent herein and on account of petitioners residing at Australia and to ascertain the authenticity of the same, first petitioner was directed to make digital appearance and Central Project Coordinator (Computers) of this Court was directed to submit a report in that regard. Accordingly, a report has been submitted by Central Project Coordinator (Computer) whereunder it is recorded that first petitioner appeared digitally through skype and he was identified by the complainant i.e., second respondent and on being explained the purpose of Video Conference, he is said to have agreed to the terms of settlement dated 19.02.2019 after having read over the same to him. As such the terms of settlement is said to have been accepted by the first petitioner.
5. In the light of settlement entered into between parties, continuation of present proceedings would not sub-serve the ends of justice and it would also come in the way of matrimonial dispute being revolved, which is now pending in O.S.No.38/2019 before Family Court. As such joint memo along with affidavit and report of Central Project Coordinator (Computers) is hereby accepted.
6. Second respondent-complainant also submits that out of her own free will, volition and without any threat, force or coercion she has entered into such settlement and she has no objection for proceedings being quashed. In the light of above said facts, this Court finds that there is no impediment to allow the petition.
Hence, I proceed to pass the following:
ORDER (1) Criminal petition is allowed.
(2) Proceedings pending against petitioners in Crime No.250/2017 registered for the offences punishable under Section 498A, 417 of IPC on the file of III Additional Chief Metropolitan Magistrate, Bangalore is hereby quashed and petitioners are acquitted of the said offences.
(3) Since dispute has been resolved between the parties and appearance of first petitioner (husband) has been secured through digital appearance, this Court finds there is no impediment for Family Court to adopt the same procedure so as to put an end to the dispute between the parties.
SD/-
JUDGE RU