IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF OCTOBER, 2019 BEFORE THE HON’BLE Mr. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION No. 6867/2019 BETWEEN :
Asgar Ali Shaik S/o. late Shaik Abdul Sabu Aged about 50 years No. 875, 31st A Cross Tilaknagar Jayanagar 4th T Block Bengaluru – 560 041. … PETITIONER (By Sri. Yogesh Kumar U.S. Adv.,) AND :
1. The State of Karnataka Rep. by Thilaknagar Police Station Bengaluru – 560 041 Rep. by S.P.P.
High Court Bengaluru - 01.
2. Smt. Noor Zama Begum W/o. Asgar Ali Shaik Aged about 36 years No. 206, 4th Floor 31st Cross Tilaknagar Jayanagar Bengaluru – 560 041. … RESPONDENTS (By Sri. R.D. Renukaradhya, HCGP, for R-1 Sri. H. Jayanth Poojary, Adv. For R-2) ---
This Criminal Petition is filed under Section 482 Cr.P.C. with a prayer to quash the complaint, FIR and entire criminal proceedings in Cr. No. 383/2016 initiated by 1st respondent for the offence punishable under Section 323, 324, 504, 498A R/w. 34 of IPC and etc.
This Criminal Petition coming on for Admission this day, the Court passed the following;
O R D E R In the instant petition the petitioner has sought for the following reliefs:
a. Call for the records.
b. Quash the complaint, FIR and entire criminal proceedings in Crime No. 383/2016 initiated by the 1st respondent for the offence punishable under Sections 323, 324, 504, 498(A) r/w. 34 of Indian Penal Code pending before XXIV Addl. Chief Metropolitan Magistrate, Bengaluru in so far as petitioner is concerned vide Annexure – A, B, C.
2. Petitioner and respondent No. 2 got married about 15 years back. There were certain domestic issues among themselves which has resulted in filing of complaint against the petitioner by respondent No. 2 under Sections 323, 324, 504, 498(A) read with Section 34 IPC wherein 5 persons have been shown as accused. Petitioner herein is accused No. 1. Accused Nos. 2 to 5 have filed independent criminal petitions bearing Nos. 9105/2016 and 8184/2016 and those petitions were allowed on 16.10.2019 in terms of the joint memo/affidavit filed by the parties therein.
3. Today, in the present petition, both petitioner and respondent No. 2 have filed a joint affidavit of settlement amongst themselves. Even though offences are heinous, at the same time having regard to the fact that petitioner and respondent No. 2 are husband and wife, the joint affidavit relating to settlement among themselves is taken on record.
4. Accordingly, FIR in Crime No. 383/2016 is set aside.
Petition is allowed.
Sd/- JUDGE.
LRS.