IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF AUGUST, 2019 BEFORE THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRL.P No.2915/2019 BETWEEN:
1. MIRZA TANZEEN ALAM BEG AGED 32 YEARS S/O LATE MIRZA FAHEEM ALAM BEG 3-5 BURLINGTON ROAD HOMEBUSH, SYDNEY NEW SOUTH WALES SYDNEY, AUSTRALIA.
2. SAULAT ARA W/O LATE MIRZA FAHEEM ALAM BEG AGE: ABOUT 50 YEARS R/O. No.392A, FAIK ENCLAVE PELIBHEET, BYPASS ROAD BAREILLY, UTTAR PRADESH – 243 001.
3. MR. MIRZA AZEEM BEG AGE: ABOUT 32 YEARS R/O. No.392A, FAIK ENCLAVE PELIBHEET, BYPASS ROAD’ BAREILLY, UTTAR PRADESH – 243 001. (BY SRI KAPIL DIXIT, ADVOCATE) ... PETITIONERS AND :
1. STATE OF KARNATAKA REP. BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE – 560 001.
2. MRS. SABIHA AZHAR KHAN W/O MIRZA TANZEEM ALAM BEG AGED ABOUT 30 YEARS R/O.FLAT No.317 SIGARNET APT ITPL MAIN ROAD HOODI, BANGALORE – 560 083.
... RESPONDENTS (BY SMT. K.P. YASHODHA, HCGP FOR R1;
SRI MOHAMMED SHAKEER, ADVOCATE FOR R2;) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ABOVE CASE PENDING AGAINST THE PETITIONERS BEARING C.C.No.50353/2019 PENDING BEFORE THE XLIII ADDITIONAL C.M.M., BENGALURU FILED BY 2ND RESPONDENT UNDER SECTION 498(A) AND 323 R/W 34 OF IPC AND SECTIONS 3 AND 4 OF D.P. ACT.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:-
ORDER Heard Sri Kapil Dixit, learned Advocate for the petitioners and Smt. K.P. Yashodha, learned HCGP for the State – respondent No.1 and Sri Mohammed Shakeer, learned Advocate for respondent No.2.
2. Smt. Sabiha Azar Khan, 2nd respondent filed FIR No.542/2017 in Mahadevapura Police Station dated 10.10.2017 alleging commission of offence punishable under Sections 498A and 323 of IPC and Section 3 & 4 of D.P Act, against her husband, her brother-in-law and mother-in-law. After investigation, police have filed charge sheet in C.C. No.50353/2019 before the XLIII Additional Chief Metropolitan Magistrate at Mayohall, Bengaluru City.
3. Learned Advocates for the parties submit that the matrimonial dispute has been amicably resolved between the 1st petitioner and the 2nd respondent. A joint affidavit signed by the 3rd petitioner and 2nd respondent has been filed, which reads as follows:
“JOINT AFFIDAVIT I, Sabiha Azhar Khan, D/o Azhar Hussain Khan, Aged about 31 years, R/o. Flat No.317, Srigarnet Apartments, ITPL Main Road, Hoodi, Bengaluru City, Karnataka – 560048, and Mirza Azeem Beg Aged about 32 years, S/o Late Mirza Faheem Alam Beg R/o No.392A, Faik Enclave, Pelibheet, Bypass Road, Bareilly, Uttar Pradesh – 243001 do hereby state and affirm as follows:
1. I, Sabiha Azar Khan state that, on 31.08.2013, I was married to Mr. Mirza Tanzeem Alam Beg (hereinafter “husband”) according to Muslim traditions and customs, which marriage was registered on 03.09.2013.
2. I, Sabiha Azar Khan state that, due to various temperamental differences and other problems my marriage with my husband failed in 2017, and my husband thereafter started residing in Australia. I have been residing in Bangalore since my husband has moved to Australia.
3. Now, through mediation and intervention of both families, both of us have reached an understanding with regard to the disputes/claims and have agreed to settle them amicably.
4. I have filed a total of 3 (three) cases against my Husband being as follows:
a. For Domestic Violence, being Criminal Miscellaneous No.234 of 2018 pending in Metropolitan Magistrate Traffic Court-I, Mayo Hall, Bangalore.
b. For Cruelty and Dowry Harassment, being Crime No. 542 of 2017 now numbered as C.C. No. 50353 of 2019, in Mahadevpura Police Station, Bangalore, which is pending in 43rd Additional Chief Metropolitan Magistrate.
c. For maintenance under Section 125 CrPC, being Criminal Miscellaneous No.275 of 2019 before the Hon’ble V Additional Family Court Judge at Bangalore.
5. Now, in order to settle all my (Sahiba Azar Khan) claims/disputes against the petitioner, my mother-in-law Mrs. Saulat Ara W/o. Late Faheem Alam Beg and brother-in-law Mirza Azeem Alam Beg S/o, Late Faheem Alam Beg, all resident of H.No. 392A, Faik Enclave, Pelipheet By Pass Road, Bareilly, Uttar Pradesh- 271308 and in order to conclude the unending litigation and as I have been assured by the advocates of my husband that all litigation needs to be concluded, I have agreed to settle the following disputes by accepting Rs.26,00,000/- (Rupees Twenty Six Lakhs Only) in the following manner:
6. I further state that although, my husband attempted to Talak (divorce) me through email correspondence dated 12.10.2017, for legal and proper purpose, I herewith state that I shall file a Declaration Suit for dissolution of marriage within a week of completion of aforementioned cases.
7. I undertake that I (Sabiha Azar Khan) shall withdraw all the aforementioned cases in such manner and form within the specified time and I assure my presence in order to legally dissolve the marriage between the petitioner and me. It is reiterated that all disputes/claims whatsoever will be concluded as per the legal process as expeditiously as possible.
8. I, Sabiha Azar Khan state that, upon the assurance of the petitioner that all goods/articles given by my family shall be returned upon request and contingent upon the handing over and realization of the Demand Drafts as specified above, I undertake to settle the instant case and to withdraw the aforementioned cases as expeditiously as possible.
9. We state that after withdrawal of aforementioned cases in manner prescribed above and apart from declaration suit for divorce, we undertake not to file any claim each other or their family members.
10. I state that since the 1st petitioner is in Australia and his visa has been expired and the new visa is not permitted because of the case involved herein and once he leaves Australia, he would not be able to go back and this affect his job seriously, thus the 1st petitioner is being represented by his brother Mr. Mirza Azeem Alam Beg who is also the petitioner no.2., in the above captioned matter.
WHEREFORE it is humbly prayed by the respondent herein that this Hon’ble Court be pleased to quash the entire proceeding as per this petition and this joint affidavit, by accepting this as out of court compromise, in the interest of justice and equity.”
(emphasis supplied) 4. The 3rd petitioner and the 2nd respondent are present before this Court and they are identified by their respecotive Advocates.
5. It is submitted that the 1st petitioner is in Australia and the 2nd petitioner is unwell. Hence, the 1st and 2nd petitioner are permitted to be represented by their Advocate - Sri Kapil Dixit.
6. The 2nd respondent – Smt. Sabiha Azar Khan submitted that she had initiated three criminal proceedings against the petitioners, out of them two proceedings in Crl.Mis. No.234/2018 filed under Section 12 read with Sections 18, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005 on the file of the Metropolitan Magistrate, Traffic Court, at Bangalore and the Crl.Mis. 275/2019 filed under Section 125 of Cr.P.C., on the file of V Addl. Family Court Judge, Bangalore have been withdrawn. She further submitted that she has received Rs.26,00,000/- (Rupees: Twenty Six Lakhs Only) and has no claim against her husband or his family members.
7. The criminal proceedings under Section 498-A of IPC have stemmed out of matrimonial dispute between the parties. Parties have settled the matrimonial dispute amicably. In the circumstances, no useful purpose would be served by continuing the criminal proceedings. Therefore, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in CC.No.50353/2019 pending on the file of XLIII Additional Chief Metropolitan Magistrate, are quashed.
8. Petition is accordingly disposed of.
9. In view of disposal of the petition, I.A.No.1/2019 does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE SBS*