IN THE HIGH COURT OF KARNATAKA, BENGALURU DATED THIS THE 5TH DAY OF DECEMBER, 2017 BEFORE THE HON’BLE MR.JUSTICE K. N. PHANEENDRA CRL.P. No. 8969/2016 C/W CRL.P Nos. 6158/2015, 7595/2015 & 816/2017 IN CRL.P. NO. 8969/2016 BETWEEN SARMATH KHAN, S/O WAHAB KHAN, AGED ABOUT 40 YEARS, R/ AT NO.4, 5TH MAIN, PARAMAHAMSA ROAD, YADAVAGIRI, MYSURU-570 021 ... PETITIONER (BY SMT. RAJESHWARI M., ADV. FOR SRI. R. B. SADASIVAPPA, ADV.) AND 1. STATE BY WOMEN POLICE STATION, MYSURU-570 001 2. SMT. ASFIYA FIRDOSE, D/O ABDUL RASHEED, W/O SARMATH KHAN, AGED ABOUT 27 YEARS, R/AT NO.4, 5TH MAIN, PARAMA HAMSA ROAD YADAVAGIRI, MYSURU-570 021. AND ALSO R/AT MAIN ROAD, AREHALLI, BELUR TALUK, HASSAN DISTRICT ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1 SRI. PRABHUGOUD V. B., ADV. FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.79/2015 ON THE FILE OF THE IV ADDL. SENIOR CIVIL JUDGE AND JMFC, MYSURU AGAINST THE PETITIONER FOR THE OFFENCES P/U/Ss. 498A, 506 R/W 34 OF IPC AND SECTIONS- 3 & 4 OF D.P ACT, BY ALLOWING THIS PETITION.
IN CRL.P. NO. 6158/2015 BETWEEN 1. KHAMER TAJ, W/O ISHRATHULLA KHAN, AGED ABOUT 50 YEARS, R/AT NO.758, SHIVARATRISHWARANAGARA, MYSURU 570 015 2. MEHAR TAJ, W/O ARIFULLA KHUTBUDDIN, AGED ABOUT 44 YEARS, R/AT NO.335, 41ST CROSS, 8TH BLOCK, JAYANAGAR, BENGALURU 560 082 ... PETITIONERS (BY SMT. RAJESHWARI M., ADV. FOR SRI. R. B. SADASIVAPPA, ADV.) AND 1. STATE BY WOMEN POLICE STATION, MYSURU.- 570 021.
2. ASFIYA FIRDOSE, D/O ABDUL RASHEED, W/O SARMATH KHAN, AGED ABOUT 27 YEARS, NO.4, 5TH PRAMAHAMSA ROAD, YADAVAGIRI, MYSURU-570 021 ALSO AT : MAIN ROAD, AREHALLI, BELUR TALUK, HASSAN DIST-573 151 ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1.
SRI. PRABHUGOUD V. B., ADV. FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.79/2015 ON THE FILE OF HON'BLE IV ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT MYSURU AGAINST THESE PETITIONERS FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 506 R/W 34 OF INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, BY ALLOWING THIS PETITION.
IN CRL.P. NO. 7595/2015 BETWEEN 1. HASEENA JAN, W/O WAHAB KHAN, AGED ABOUT 62 YEARS, NO.04, 5TH PRAMAHAMSA MAIN ROAD, YADAVAGIRI, MYSURU-570 021.
2. ASIF KHAN, S/O WAHAB KHAN, AGED ABOUT 43 YEARS, NO.04, 5TH PRAMAHAMSA MAIN ROAD, YADAVAGIRI, MYSURU-570 021. ... PETITIONERS (BY SMT. RAJESJWARI M., ADV. FOR SRI. R. B. SADASIVAPPA, ADV.) AND 1. STATE BY WOMEN POLICE STATION, MYSURU – 570 021.
2. ASFIYA FIRDOSE, D/O ABDUL RASHEED, W/O SARMATH KHAN, AGED ABOUT 27 YEARS, NO.04, 5TH PRAMAHAMSA MAIN ROAD, YADAVAGIRI, MYSURU-570 021 ALSO AT MAIN ROAD, AREHALLI, BELUR TALUK, HASSAN DIST. ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1 SRI. PRABHUGOUD V. B., ADV. FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.No. 79/2015 ON THE FILE OF HON'BLE IV ADDL. SENIOR CIVIL JUDGE AND J.M.F.C. AT MYSURU, AGAINST THESE PETITIONERS FOR THE OFFENCES P/U/Ss.498A, 506 R/W 34 OF I.P.C. AND SECTIONS 3 AND 4 OF D.P. ACT BY ALLOWING THIS PETITION.
IN CRL.P. NO. 816/2017 BETWEEN 1. RASHEED, S/O MADAR SAB, AGED ABOUT 60 YEARS R/O ATHIHALLI BELUR POST, HASSAN DIST – 573 124 2. SHAMSAD, W/O RASHEED, AGED ABOUT 58 YEARS R/O ATHIHALLI BELUR POST, HASSAN DIST – 573 124 3. ASFIYA FIRDOUS, W/O SHARMATH KHAN, AGED ABOUT 26 YEARS R/O ATHIHALLI BELUR POST, HASSAN DIST– 573 124 4. IBRAHIM, S/O BABAJAN, AGED ABOUT 45 YEARS, R/O ATHIHALLI BELUR POST, HASSAN DIST– 573 124 5. SADIQ, S/O RASHEED, AGED ABOUT 40 YEARS R/O ATHIHALLI BELUR POST, HASSAN DIST– 573 124 6. AKHIL, S/O BABAJAN, AGED ABOUT 38 YEARS, R/OF ATHIHALLI BELUR POST, HASSAN DIST – 573 124 7. YASMEEN, W/O HARUN, AGED ABOUT 34 YEARS R/O NO 14, SHIVAJI ROAD, N.R.MOHALLA, MYSURU – 570 023 8. HARUN, S/O MOHIDDIN, AGED ABOUT 38 YEARS R/O NO 14, SHIVAJI ROAD, N.R. MOHALLA, MYSURU – 570 023 9. SAD, S/O RASHEED, AGED ABOUT 28 YEARS R/ OF ATHIHALLI, BELUR POST HASSAN DIST – 573 124 10. ROSHAN, S/O BABAJAN, AGED ABOUT 36 YEARS, R/O ATHIHALLI BELUR POST, HASSAN DIST – 573 124 ... PETITIONERS (BY SRI. PRABHUGOUD V. B., ADV.) AND 1. STATE OF KARNATAKA BY SHO, V. V. PURAM P S., MYSURU CITY, REP. BY GOVT PLEADER, HIGH COURT BUILDINGS, BENGALURU – 560 001.
2. SHARMATH KHAN, W/O VAHAB KHAN, AGED ABOUT 39 YEARS, R/ AT NO 4, 5TH MAIN, PRAMAHAMSA ROAD, YADAVAGIRI, MYSURU CITY ... RESPONDENTS (BY SRI. S. RACHAIAH, HCGP FOR R-1.
SMT. RAJESHWARI M., ADV. FOR SRI. R. B. SADASIVAPPA, ADV. FOR R-2) THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO QUASH THE FIR REGISTERED IN CR. NO.55/2014 AND ENTIRE PROCEEDINGS AGAINST THE PETITIONERS PENDING ON THE FILE OF IV ADDL. C.J. (JR. DN.) AND J.M.F.C., JLB ROAD, MYSURU IN C.C.NO.1949/2014 (CR. NO.55/2014) FOR ALLEGED OFFENCES P/U/Ss. 143, 147, 148, 448, 323, 324, 504, 506, 427 R/W 149 OF IPC.
THESE CRL.P’S COMING ON FOR ORDERS/ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER Sri. Prabhugoud V.B., Advocate undertakes to file vakalath for Respondent No.2- Smt. Asfiya Firdose in Crl.P. Nos. 8969/2016 and 6158/2015. He is permitted to file vakalath within 10 days from today.
2. Heard the learned counsel for the petitioners and the learned HCGP for the Respondent-State and also the learned counsel appearing for other respondents..
3. These criminal petitions viz., Crl.P. Nos.
8969/2016, 6158/2015, 7595/2015, are arising out of a common C.C. No.79/2015 pending on the file of the IV- Additional Senior Civil Judge and JMFC at Mysore, registered against the petitioners therein lodged by the 2nd respondent–Smt. Asfiya Firdose for the offences punishable under Sections 498(A), 506 r/w. 34 of IPC and also under Sections 3 & 4 of the Dowry Prohibition Act ( for short, ‘D.P. Act’). The petitioners in the said petitions have sought for quashing of the said proceedings.
4. The petitioners in Crl. P. No.816/2017 filed by Rasheed and his family members have sought for quashing of C.C. No.1949/2014 arising out of Crime No.55/2014 of V.V. Puram Police Station, Mysuru, registered against them for the offences punishable under Sections 143, 147, 148, 448, 323, 324, 504, 506, 427 r/w. 149 of IPC.
5. The petitioners in the said petitions, particularly the petitioner by name Sharmath Khan in Crl.
P. No.8969/2016, who is the husband of the 2nd respondent –Mrs. Asfiya Firdose, in the said case and other petitioners in Crl.P. Nos. 6158/2015 and 7595/2015 are all relatives of Sharmath Khan. The parties on both sides of all the four criminal petitions have compromised the matter and filed a joint petition along with an affidavit before this court and the husband Sharmath Khan and wife Asfiya Firdose have also filed their affidavit. In their joint memo and affidavit, they have categorically stated that the above said cases are arising out of family disputes between themselves, essentially matrimonial dispute between the husband and wife which made the wife to file the criminal case in C.C. No.79/2015 against her husband and his relatives. Husband also filed case against his wife in Crl. P. No.8969/2016 for the offences noted above. The parties have resolved their entire dispute between themselves. The offences are not punishable either with death or imprisonment for life. Therefore, there is no legal impediment for this court to quash the said proceedings.
6. At this stage, it is worth to note here a decision of Hon'ble Apex Court rendered in Gian Singh Vs. State of Punjab and Another [ (2012) 10 SCC 303], wherein the Hon'ble Apex Court has given certain guidelines with regard to quashing of the proceedings whenever the parties have entered into compromise. The relevant portion of the said decision reads thus:-
“Held -Power of High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from power of a criminal court of compounding offences under S. 320 - Cases where power to quash criminal proceedings may be exercised where the parties have settled their dispute, held, depends on facts and circumstances of each case - Before exercise of inherent quashment power under S.482, High Court must have due regard to nature and gravity of the crime and its societal impact.
………….
Thus, held, heinous and serious offences of mental depravity, murder, rape, dacoity, etc., or under special statutes like Prevention of Corruption Act or offences committed by public servants, cannot be quashed even though victim or victim’s family and offender have settled the dispute – Such offences are not private in nature and have a serious impact on society.
xxx xxx xxx xxx xxx xxx “But criminal cases having overwhelmingly and predominatingly civil flavour stand on a different footing – Offences arising from commercial financial, mercantile, civil, partnership or like transactions or offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and parties have resolved their entire dispute, High Court may quash criminal proceedings – High Court, in such cases, must consider whether it would be unfair or contrary to interest of justice to continue with the criminal proceeding or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between parties and whether to secure ends of justice, it is appropriate the criminal case it put to an end. If such question(s) are answered in the affirmative, High Court shall be well within its jurisdiction to quash the criminal proceedings…”
7. On careful perusal of the factual aspects of this case, it is clear that the dispute between the parties are essentially arising out of the family dispute and the parties on both sides in all the petitions have resolved the entire dispute between themselves hereinafter to live happily in their life. In order to facilitate them, it is just and necessary to allow the joint petitions and to quash the criminal proceedings as prayed.
In view of the above, I pass the following:-
ORDER The criminal petitions viz., Crl.P. Nos. 8969/2016, 6158/2015, 7595/2015, 816/2017 are allowed. Consequently, the entire proceedings in C.C. No.79/2015 (arising out of Crime No.31/2014 of Mahila Police Station, Musuru, registered against the accused therein (petitioners therein) for the offences punishable under Sections 98-A, 506 r/w.
34 of IPC and Sections 3 & 4 of D.P. Act) and as well as C.C. No.1949/2014 (arising out of Crime No. 55/2014 of V.V. Puram Police Station, Mysuru, registered against the accused therein (petitioners herein) for the offences punishable under Sections 143, 147, 148, 448, 323, 324, 504, 506, 427 r/w.
149 of IPC) pending on the file of the pending on the file of the IV Additional Senior Civil Judge and JMFC at Mysuru, are hereby quashed.
Sd/-
JUDGE KGR*