IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.6451/2017 BETWEEN:
1. MOUINUR REHMAN S/O KHALIFATHUR RAHAMAN AGED ABOUT 33 YEARS.
2. KHALIFATHUR RAHAMAN S/O LATE FAZLUR RAHAMAN AGED ABOUT 65 YEARS.
3. BALGEES KHUNUM W/O KHALIFATHUR RAHAMAN AGED ABOUT 52 YEARS.
SL. NO.1 TO 3 ARE R/AT NO.7/4 5TH MAIN,5TH CROSS, SRIRAMPURAM BENGALURU – 560 021.
4. ASMA W/O ASLAM BAIG AGED ABOUT 38 YEARS.
5. ASLAM BAIG S/O MOHAMMED BAIG AGED ABOUT 45 YEARS.
SL. NO. 4 AND 5 ARE R/AT NO.61, RANAJIRAV RAO ROAD BASAVANAGAUDI BANGALORE – 560 004.
6. AYESHA W/O SALEEM AHMED KHAN AGED ABOUT 39 YEARS.
7. SALEEM AHMED KHAN S/O NAZEER ALAM KHAN AGED ABOUT 44 YEARS.
SL. NO.6 AND 7 ARE R/AT NO.903, 2ND MAIN 9TH CROSS, 2ND PHASE 1ST STAGE, GOKUL BANGALORE - 560 054.
8. NAVEED SADDIQUA W/O SYED SAWOOD PASHA AGED ABOUT 38 YEARS.
9. SYED SAWOOD PASHA S/O LATE FAZLUR-REHMAN AGED ABOUT 41 YEARS.
SL. NO.8 AND 9 ARE NO.13/1, STORE STREET PV LANE, KALASIPALYAM BANGALORE - 560 002.
10. NASEEBA TAJ W/O MUZAMMIL PASHA AGED ABOUT 32 YEARS.
11. MUZAMMIL PASHA S/O MUKTHAR PASHA. C AGED ABOUT 36 YEARS.
SL. NO.10 AND 11 ARE NO.C.21/220, JAMIYA MASJID MOHALLA CHAMARAJANAGAR CHAMARAJANAGAR TOWN - 571 313.
12. AMREEN TAJ D/O KHALIFATHUR REHMAN AGED ABOUT 28 YEARS R/AT NO.7/4, 5TH MAIN 5TH CROSS, SRIRAMPURAM BENGALURU - 560 021.
13. ROSHAN S/O KHALIFATHUR REHMAN AGED ABOUT 24 YEARS R/AT NO.7/4, 5TH MAIN 5TH CROSS, SRIRAMPURAM BENGALURU - 560 021.
... PETITIONERS (BY SRI. SYED KHALEEL PASHA., ADVOCATE) AND:
1. UME KULSUM W/O MOUINUR REHMAN AGED ABOUT 27 YEARS R/AT D. NO.3595, TROOP LINE MAIN ROAD, RAMANAGARA KARNATAKA.
2. THE STATE OF KARNATAKA REP. BY SRIRAMPURA POLICE STATION, BANGALORE - 560 021 REPRESENTED BY ITS S.P.P HIGH COURT OF KARNATAKA BANGALORE – 01.
... RESPONDENTS (BY SRI. C.V. SIJU., ADVOCATE FOR R-1; SRI. S. RACHAIAH., HCGP FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.15794/2017 WHICH IS PENDING ON THE FILE OF THE VIITH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused Nos.1 to 13 and who are facing criminal prosecution in C.C.No.15794/2017 pending on the file of VII Adl. Chief Metropolitan Magistrate, Bangalore, registered by Srirampura Police Station for the offence punishable under Sections 498-A of IPC r/w Sections 3 and 4 of Dowry Prohibition Act, 1961, are before this Court for quashing of said proceedings.
2. Today, a joint memo is filed by the petitioners and first respondent stating thereunder that they have amicably settled their dispute and first respondent does not intend to proceed with the prosecution initiated by her against petitioners and first respondent has no future claims against petitioners. First petitioner and first respondent have also filed a joint affidavit along with the joint memo stating thereunder that they have amicably resolved all the disputes between them. First respondent has also stated that she had filed C.Misc.No.179/2016 on the file of MMTC-VI, Bengaluru, in which proceedings both parties have entered into an agreement as per the terms set out therein and they have already exchanged their respective articles and she has no further claims against first petitioner. Parties have also agreed that allegations made against each other is also withdrawn.
3. Petitioners and first respondent– complainant are present before Court and they reiterates the contents of joint memo. First respondent submits that out of her own free will and volition, without any threat, force or coercion she has affixed her signature to the joint memo and joint affidavit and she is not inclined to continue with the proceedings initiated by her against petitioners. To establish the identities of the parties present before Court, photocopies of identity cards issued by statutory authority is produced along with the joint memo. In token of having identified the parties present before Court, respective learned Advocates have also affixed their signatures to the joint memo as well as photocopies of identity cards. Same is taken on record.
4. In the light of aforestated facts and keeping in mind the principles laid down by the Hon’ble Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioners would not sub-serve the ends of justice and it would be an abuse of process of law. As such, this Court finds there is no impediment to accept the joint memo filed along with joint affidavit and 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.15794/2017 registered by Srirampura Police Station for the offence punishable under Section 498-A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, on the file of VII Addl. Chief Metropolitan Magistrate, Bangalore, is hereby quashed and petitioners are acquitted of aforesaid offences.
SD/- JUDGE DR