IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.5774/2018 BETWEEN:
1. MOHAMMED KHADAR S/O LATE MOHAMED AYAZ AGED ABOUT 26 YEARS.
2. ABIDA KHANNUM W/O. LATE MOHAMED AYAZ AGED ABOUT 58 YEARS 3. MOHAMMED ATIQH S/O LATE MOHAMED AYAZ AGED ABOUT 23 YEARS ALL ARE R/AT #19G, 1ST FLOOR, MADARSAB LAYOUT, G CROSS, NEW GURAPPANPALYA, BANGALORE – 5600029 ...PETITIONERS (BY SRI. SAMEED AHMED., ADVOCATE FOR SMT. AYESHA SIDDIQUA S., ADVOCATE) AND:
1. STATE OF KARNATAKA THROUGH MICO LAYOUT POLICE REP. BY ITS SPP HIGH COURT OF KARNATAKA BANGALORE – 560 001.
2. TASLEEM W/O. MOHAMMED KHADAR AGED ABOUT 25 YEARS R/AT NO, 19TH G CROSS GURUPPANAPLYA, BIRIYANI GALLI MADARSAB LAYOUT BANGALORE – 560 029.
... RESPONDENTS (BY SMT. FARANA., ADVOCATE FOR R-2; SRI. S. RACHAIAH., HCGP FOR R-1) THIS PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN CRIME NO.493/2016, IN C.C.NO.22297/2016 AND C.C.NO.8779/2018 FOR THE OFFENCE P/U/S 498A, 324, 506 R/W 34 OF IPC, WHICH IS PENDING BEFORE THE HON’BLE VI ACMM, ON THE FILE OF MICO LAYOUT POLICE AT BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R First petitioner who is arraigned as accused in C.C.No.22297/2016 and petitioners 2 and 3 against whom split up charge sheet has been filed in C.C.No.8779/2018, both registered for the offences punishable under Sections 498A, 324, 506 r/w 34 of IPC by Mico Layout Police Station pending on the file of VI Addl. Chief Metropolitan Magistrate, Bangalore and Mico Layout Police Station, are before this Court for quashing of said proceedings.
2. Marriage between first petitioner and second respondent came to be solemnised on 15.02.2015 as per Muslim customs and traditions and second respondent wife lodged a complaint with Mico Layout Police Station on 20.06.2016 alleging that petitioners used to pick up quarrel on trivial issues and she was being meted out with physical and mental torture. Based on said complaint, FIR came to be registered in Crime No.493/2016 for the offences punishable under Section Sections 498A, 324, 506 r/w 34 of IPC. After completion of investigation, charge sheet came to be filed as stated hereinabove.
3. Today joint affidavit has been filed by first petitioner and second respondent stating thereunder that on account of certain misunderstandings second respondent had lodged a complaint and even thereafter she has continued to reside with first petitioner and out of said wedlock, a female child is born and she submits that she does not intend to prosecute the complaint filed by her against petitioners.
4. First petitioner and second respondent are present before Court. First petitioner also reiterate the contents of the joint affidavit filed today and admit that they have understood the contents of affidavit and they know English language and after understanding the contents of affidavit, they have affixed their signatures to the same without any force, threat or coercion.
5. Parties present before Court are identified by their respective learned Advocates. To establish their identities memos are also filed enclosing photocopies of identity cards issued by the statutory authority. Same is placed on record. In token of having identified the parties present, learned Advocates have also affixed their signatures to the photocopies of identity cards as well as affidavit.
6. In the light of joint affidavit filed today including memos and complainant having agreed that she would not press the complaint lodged by her against petitioners, this Court is of the considered view that continuation of proceedings would not sub serve the ends of justice and even if prosecution is taken to its logical end, it would not end in conviction of accused as the complainant has unequivocally expressed her no objection for quashing the proceedings pending against petitioners. Hence, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.22297/2016 and C.C.No.8779/2018 registered for the offences punishable under Sections 498A, 324, 506 r/w 34 of IPC pending on the file of VI Addl.
Chief Metropolitan Magistrate, Bangalore and Mico Layout Police Station, are hereby quashed and petitioners are acquitted of the said offences.
In view of petition having been allowed, I.A.No.1/2018 for stay does not survive for consideration and it is rejected.
SD/- JUDGE DR