IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF FEBRUARY, 2019 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.631/2019 BETWEEN:
MR. IMTIAZ AHAMED KHAN S/O LATE AMANULLAH KHAN AGED ABOUT 43 YEARS FLAT NO.8053 PRESTIGE FERN RESIDENCY HARALUR ROAD, OFF SARJAPUR ROAD BENGALURU - 560 102 KARNATAKA, INDIA.
... PETITIONER (BY SRI. C.R. ABDUL RASHEED., ADVOCATE) AND:
1. STATE OF KARNATAKA BY BELLAANDURU POLICE STATION BENGALURU - 560 103 REP. BY THE LEARNED PUBLIC PROSECUTOR HIGH COURT BUILDING BENGLAURU - 560 001.
2. MRS. FARHANA ANJUM KHAN W/O IMTIAZ AHAMED KHAN AGED ABOUT 43 YEARS RESIDING AT PRESTIGE FERN RESIDENCY 8053 TOWER 8, HARALUR ROAD BENGALURU - 560 102.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1;
SRI. SHAIKH SOOD., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE FIR/PROCEEDINGS AGAINST THE PETITIONER/ACCUSED IN VIDE CR.NO.341/2018 FOR AN ALLEGED OFFENCES P/U/S 323,497,498A,504,506 OF IPC REGISTERED BY RESPONDENT NO.1 BELLANDURU POLICE STATION, BANGALORE ON THE FILE OF THE VI A.C.M.M., BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioner who is sole accused in Crime No.341/2018 registered by the Belandur Police Station against petitioner for the offences punishable under Sections 323, 497, 498A, 504 and 506 IPC pending on the file of 6th Additional Chief Metropolitan Magistrate, Bengaluru is before this Court for quashing of said proceedings.
2. Marriage between petitioner and second respondent was contracted on 14.09.2003 and on account of certain disputes having arisen, they are said to be living separately and second respondent- wife had filed a petition under Section 12 of the Protection of Women from Domestic Violence Act, in Crl.Misc.No.152/2018 which was referred to Bengaluru Mediation Centre, Bengaluru for exploring the possibility of arriving at a settlement. Accordingly, both parties appeared before Bengaluru Mediation Centre and matter got settled between them as per memorandum of settlement entered into between parties, which has also been produced along with petition. On perusal of same, it would disclose that parties have amicably settled their disputes. At paragraph 9 of the said compromise petition, second respondent –wife has undertaken to file a joint affidavit in this petition consenting for quashing of present proceedings initiated against petitioner.
3. Both parties are present before Court.
They have filed joint affidavit as undertaken in the settlement filed in mediation, whereunder second respondent –complainant has stated that she does not want to press her complaint lodged against petitioner which has culminated in registration of Crime No.341/2018. Both parties submit that out of their own and free will, volition and without any force, threat or coercion, they have affixed their signatures to the joint affidavit. Said joint affidavit is placed on record.
4. In order to establish the identity of the parties present before Court, learned Advocate appearing for parties have filed a memo enclosing identity cards issued by the statutory authorities. Same is placed on record.
Hence, I proceed to pass the following;
ORDER (1) Criminal petition is allowed.
(2) Proceedings pending against petitioner in Crime No.341/2018 for the offences punishable under Sections 323, 497, 498A, 504 & 506 IPC on the file of 6th Additional Chief Metropolitan Magistrate, Bengaluru is hereby quashed and petitioner is acquitted of the aforesaid offences.
SD/-
JUDGE RU