IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF JANUARY, 2019 BEFORE:
THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR CRIMINAL PETITION NO.1200 OF 2017 Between:
1. Mohammed Salman Khan, S/o. Mohammed Yaqoob Khan, Aged about 27 years, 2. Mohammed Yaqoob Khan, S/o. Umer Khan, Aged about 61 years, 3. Zareen Taj, W/o. Mohammed Yaqoob Khan, Aged about 47 years, Sl.No.1 to 3 are R/at No.95, 2nd Main, 4th Cross, Fun City Outer Ring Road, Martha Halli, Bangalore-560034.
4. Rabia Sultana Neha, W/o Sardar Imran Khan, Aged about 26 years, R/at No.175, 6th Cross, BDS Nagar, NR KMS Hospital, K.Narayanapura, Bangalore-560077. …Petitioners (By Sri Syed Khaleel Pasha, Advocate) And:
1. Heena Khanum, D/o. Sanaulla Khan, W/o. Mohammed Salman Khan, Aged about 24 years, R/at 7/20, 2nd Main, 1st Cross, Krisnappa Garden, Bannergatta Road, Bengaluru-560041.
2. The State of Karnataka, Rep. by Mahadevapura Police Station, Bengaluru. …Respondents (By Sri. Syed Ummer, Advocate for R-2 Sri. S.Rachaiah, HCGP for R1) This Criminal Petition is filed under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.53033/2016 which is pending on the file of X A.C.M.M., Bengaluru City.
This Criminal Petition coming on for Admission this day, the court made the following:
ORDER The petitioners have challenged criminal proceedings in C.C.No.53033/2016 passed by the X Additional Chief Metropolitan Magistrate, Bengaluru City, in which the petitioners have been alleged of commission of offences punishable under Sections 498A, 325 of IPC and 3 and 4 of D.P.Act.
2. Heard Shri Syed Khallel Pasha, learned advocate for the petitioners, Shri Syed Ummer, learned advocate for respondent No.1 and Sri.S.Rachaiah, learned HCGP for respondent No.2-State.
3. The first petitioner is the husband of first respondent. Learned Advocates for the petitioners and first respondent submits that the parties have amicably resolved the dispute. They have filed a joint affidavit of even date. They pray that this petition be disposed of in terms of settlement recorded in the Joint Affidavit which reads as follows :-
”JOINT AFFIDAVIT FOR SETTLEMENT “We, Mohammed Salman Khan, S/o Mohammed Yaqoob Khan, aged about 28 years, R/at No.95, 2nd Main, 4th Cross, Fun City Outer Ring Road, Martha Halli, Bangalore and Heena Khanum D/o late Sanaulla Khan, W/o Mohammed Salman Khan, aged about 25 years, Residing at No.7/20, 2nd Main, 1st cross, Krishnappa Garden, Bannergatta Road, Bangalore-560041, Do here by declare and state as follows:
(2) The Petitioner No.1 is the husband and respondent No.1 is the wife.
(3) We submit that Mohammed Salman Khan is the Petitioner No.1/Accused No.1, Mohammed Yaqoob Khan S/o Umer Khan who is Petitioner No.2/Accused No.2, Zareen Taj W/o Mohammed Yaqoob Khan who is petitioner No.3/Accused No.3 and Rabia Sultana Neha W/o Sardar Imran Khan who is the petitioner No.4/Accused No.4 and the respondent No.1 is the complainant in the above case and very well conversant with the facts of the case.
(4) The Respondent No.1 wife of the petitioner No 1 initiated proceedings under Section 498 A, 325 of Indian Penal Code r/w 3 and 4 of D.P.Act i.e. C C No.53033/2016, Petitioner has filed a Conjugal Rights i.e O.S No:265/15 pending before the Hon’ble IV Addl Family Court at Bangalore and Respondent No 1 has filed Maintenance case i.e Crl Misc No:30/2016 pending before the Hon’ble II M.M.T.C at Bangalore Crime No.376/18 pending before 43 ACMM at Mayohall, Bangalore in Crime No.377/18 will withdraw similarly.
(5) The petitioner No 1 husband agreed to pay a sum of Rupees 15,00,000/- (Rupees Fifteen Lakhs) towards the final settlement/Permanent alimony/Maintenance to the respondent No 1 and accordingly tendered in the following manner:
A. Rupees 5,00,000/- (Rupees Five Lakhs) by way of Demand Draft No:500860 of ICICI Bank dated 24/12/18 Electronic City Branch Bangalore-500860. The copy of the D.D is here by produced and annexed.
B. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) by way of Cheque No.000816 dated 20/03/2019 drawn on ICICI Bank, Electronic City Phase 2 Branch, Bangalore.
C. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) by way of Cheque 000817 dated 20/04/19 drawn on ICICI Bank, Electronic City Phase 2 Branch, Bangalore.
D. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) by way of Cheque No.000818 dated 20/05/2019 drawn on ICICI Bank, Electronic City Phase 2 Branch, Bangalore.
E. Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) by way of Cheque 000819 dated 20/05/2019 drawn on ICICI Bank, Electronic City Phase 2 Branch, Bangalore or cash.
(6) Respondent No.1 submits that she has agreed to co-operate in the quashing of Proceedings in C.C.No.53033/2016 on the file of 43rd A.C.M.M at Bangalore and has no objection to quash the said proceedings.
(7) The petitioner No.1 agrees that with regard to the custody of the child i.e. Mohammed Zain Khan will be with the respondent No.1 i.e. Heena Khanum and the petitioner Nos.1 to 4 does not have any rights over the child in future in any nature what so ever and the petitioners shall not claim the custody of the child in future. Similarly the respondent No.1 will not claim any property both movable and immovable for herself or behalf the child.
(8) In case if the documents signed by the respondent No.1 if found with the petitioners in future the said documents shall be returned back to the respondent No.1 and it shall not be used in future again the respondent No.1 and their family members and same even the respondent No.1 agreed that if any documents of petitioner No.1 is found in future she shall return back the same and she shall not use the same in future against the petitioners.
(9) We submit that if the petitioner Nos.1 to 4 fails to pay the sum of Rupees 15,00,000/- to the respondent No.1 or in case if the cheques given by the petitioner No.1 bounced or dishonored, the respondent No.1 has the liberty of file a case against the petitioner No.1 and other petitioners to claim liability amount along with the damages and even the respondent No.1 is at liberty to sue under Criminal Negotiable Instrument act as well as Civil against the petitioner No.1 and recover the full amount with damages incurred by the respondent No.1 i.e. legal expenses.
Prayer In view of this settlement, we prays that this Hon’ble court may be pleased to quashing of the proceedings in C.C.No.53033/2016 pending on the file of 43rd A.C.M.M at mayohall, Bangalore for an offence under Section 498(a), 325 of Indian penal code r/w 3 and 4 of D.P Act in the ends of justice and equity.
What is stated above is true and correct to best of our knowledge, belief and information.”
4. The first and the second petitioners and also first respondent are present before the Court and they are identified by their respective advocates. The Joint Affidavit is duly signed by the first and the second petitioners, first respondent and their respective advocates.
5. Both petitioners (1 and 2) and respondent No.1 admit the terms of settlement stated in the Joint Affidavit. The same is lawful and hence accepted.
6. The learned Advocate for respondent No.1 has filed a memo stating that respondent No.1 has received a sum of Rs.15,00,000/- (Rupees Fifteen Lakh) in the following manner :-
“That the Counsel for the Respondent have received the sum of Rs.15,00,000/- (Fifteen Lakhs) by way of D.D. & cheques vide bearing No.
(a) D.D.No.500860 of ICICI Bank dated 24/12/2018 of Rs.5,00,000/ (Five Lakhs), (b) Bearing Cheque No.000816 dated 20/3/2019 of ICICI Bank of Rupees, 2,50,000/- (Rupees Two Lakhs Fifty Thousand), (c) Bearing Cheque No.000817 dated 20/4/2019, of ICICI Bank of Rupees 2,50,000/- (Rupees Two Lakhs Fifty Thousand) (d) Bearing cheque No.000818, dated 20.05.2019, of ICICI Bank of Sum of Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand).
(e) Bearing Cheque No.000819 dated 20/5/2019 of ICICI Bank or cash of sum of Rs.2,50,000/- (Two Lakhs Fifty Thousand Only). Hence, the above D.D’s and cheques copies are annexed herewith for the kind perusal of this Hon’ble Court in the ends of justice and equity.”
7. The instant criminal proceedings have stemmed out of matrimonial dispute. Parties have amicably settled their dispute.
8. In the circumstances, it is just and appropriate to quash the criminal proceedings and accordingly all proceedings in C.C No.53033/2016 on the file of X Addl. CMM, Bengaluru, are quashed.
9. Petition disposed of.
10. In view of disposal of the petition, I.A.No.1/2018 for stay does not survive for consideration and the same stands disposed of.
No costs.
Sd/- JUDGE rs