IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 07TH DAY OF NOVEMBER, 2019 BEFORE THE HON’BLE MR. JUSTICE P.B.BAJANTHRI CRIMINAL PETITION NO.8407 OF 2018 BETWEEN 1 MOHAMMAD IMRAN SALEEM S/O MOHAMMED ADUM AGED ABOUT 42 YEARS 2178, SAWDAY ROAD LASHKAR MOHALLA MYSURU CITY-570001.
2 MUJIDA BANU W/O MOHAMMED ADUM AGED ABOUT 71 YEARS 2178, SAWDAY ROAD LASHKAR MOHALLA MYSURU CITY – 570001.
3 ROOHIYA TABASSUM W/O KHIZAR AHMED AGED ABOUT 44 YEARS 2178, SAWDAY ROAD LASHKAR MOHALLA MYSURU CITY-570001.
4 KHIZAR AHMED S/O SYED NISAR AHMED AGED ABOUT 43 YEARS 2178, SAWDAY ROAD LASHKAR MOHALLA MYSURU CITY – 570001. … PETITIONERS (By SRI AMSHITH HEGDE.H.S, ADV.) AND 1 THE STATE OF KARNATAKA BY POLICE INSPECTOR WOMEN POLICE STATION MYSURU CITY, MYSURU 570001 KARNATAKA.
2 SALMA BANU, W/O MOHAMMAD IMRAN SALEEM AGED ABOUT 32 YEARS RESIDING AT NO.2364, 21ST CROSS, KANTHARAJA PARK LASHKAR MOHALLA MYSURU – 570001.
... RESPONDENTS (BY SRI R.D.RENUKARADHYA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FIR AND PROCEEDINGS IN CR.NO.123/2014 THAT CULMINATED IN LODGING OF CHARGE SHEET AND CASE BEING REGISTERED AS C.C.NO.2/2016 PENDING ON THE FILE OF IV ADDITIONAL SENIOR CIVIL AND SESSIONS JUDGE, MYSURU.
THIS CRIMINAL PETITION COMING ON FOR REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE FOLLOWING ORDER The petitioner has prayed for the following relief: “To quash the First Information Report and proceedings in Cr.No.123 of 2014 that culminated in lodging of Charge Sheet and case being registered as C.C.No.02 of 2016 pending on the file of IV Additional Senior Civil and Sessions Judge at Mysuru”.
2. During the pendency of the criminal proceedings, certain development has taken place like permanent alimony to the extent of paying a sum of Rs.4,50,000/- to the 2nd respondent - Salma Banu on 26.07.2016. Further, petitioner No.1 has remarried respondent No.2 on 13.01.2015. Even though the said events are not stated in the joint affidavit, since the parties are present they have stated before this Court and such events are not disputed by the respondent No.2.
3. The joint affidavit dated 07.11.2019 is taken on record. The proceedings in C.C.No.02/2016 pending on the file of IV Additional Senior Civil and Sessions Judge at Mysuru, are set aside.
Petition stands allowed.
Sd/- JUDGE KLY/