IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF NOVEMBER, 2019 BEFORE:
THE HON'BLE MR. JUSTICE P.B. BAJANTHRI CRIMINAL PETITION NO.7767 OF 2019 BETWEEN:
1. SAHIL ZAIN, S/O. IQBAL ZAFRULLA, AGED 28 YEARS, (HUSBAND) 2. SMT. FIZA SULTHANA, W/O. IQBAL ZAFRULLA, AGED ABOUT 58 YEARS, (MOTHER IN LAW) 3. SRI. IQBAL ZAFRULLA, S/O. ZIAULLA, AGED ABOUT 60 YEARS, (FATHER IN LAW) ALL ARE RESIDING AT NO.64, FLAT NO.105, MONISH PARK APARTMENT, PEMME GOWDA ROAD, J.C. NAGAR, BANGALORE-560 006. ... PETITIONERS [BY SRI. AKASH B. SHETTY, ADVOCATE] AND:
1. STATE OF KARNATAKA, BY BASAVANAGUDI POLICE STATION, BANGALORE-560 034.
REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE-560 001.
2. SMT. SHAISTHA BEGUM, W/O. SAHIL ZAIN, AGED 24 YEARS, RESIDING AT NO.23, K CROSS, 3RD MAIN, BISMILLA NAGAR, BANGALORE-560 029. ... RESPONDENTS [BY SMT. NAMITHA MAHESH B.G., HCGP FOR R1; SRI. ARISH ACHARYA, ADVOCATE FOR R2] * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. PRAYING TO QUASH THE FURTHER PROCEEDINGS IN C.C. NO.24743/2019 (CR. NO.130/2019 OF ALL WOMEN POLICE STATION, BASAVANAGUDI BENGALURU) PENDING ON THE FILE OF II ADDL. C.M.M., BENGALURU FOR THE OFFENCE P/U/S 498A, 506, 504 OF IPC AND SECTION 3 AND 4 OF D.P. ACT VIDE ANNEXURE-D.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER In the instant petition, the petitioner has sought for the following reliefs:
“(a) Quash the further proceedings in C.C. No.24743/2019 (Crime No.130/2019 of All Women Police Station, Basavanagudi, Bangalore) pending in the file of the II Additional Chief Metropolitan Magistrate at Bangalore, for the offences punishable under Section 498A, 506, 504 of Indian Penal Code and Section 3 and 4 of Dowry Prohibition Act vide Annexure-D.
(b) Pass any other suitable order/s as this Hon’ble Court deems fit under the circumstances of the case, in the interest of justice and equity.”
2. The 1st petitioner and the 2nd respondent got married on 28.10.2018. There were certain differences among themselves in living together which has resulted in filing of the complaint on behalf of the 2nd respondent against the petitioners for the offences under Sections 498-A, 504 and 506 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act.
3. The 1st petitioner and his parents who are accused Nos.1 to 3 presented this petition. During the pendency of this petition, on the suggestion of the elders among the family members and the well-wishers, the parties have filed a Joint Compromise Petition along with Joint Affidavit for closure of the proceedings in C.C. No.24743/2019, pending on the file of the II Additional C.M.M., Bengaluru, in which the 2nd respondent has given no objection to quash the proceedings in C.C. No.24743/2019.
4. The parties are present in the Court.
5. In view of the Joint Affidavit filed along with the Joint Compromise Petition dated 13.11.2019 read with Supreme Court decision in the case of Gian Singh Vs. State of Punjab and Another; reported in (2012)10 Supreme Court Cases 303, the proceedings in C.C. No. 24743/2019 on the file of the II Additional Chief Metropolitan Magistrate, Bengaluru is set aside.
Accordingly, the petition is allowed.
SD/- JUDGE Ksm*