IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION No.3718/2014 BETWEEN:
1. Syeda Majida Banu, W/o. Syed Sami Ur Rehman, Aged about 44 Years, No.22, Ranoji Rao Road, Basavanagudi, Bengaluru – 560 004.
2. Syed Sami Ur Rahman, S/o. Syed Mohammed, Aged about 53 years, No.22, Ranoji Rao Road, Basavanagudi, Bengaluru – 560 004.
3. Syed Saleem Khadri, S/o. Syed Ali, Aged about 46 years, No.50/51, 4th Cross, Kanaka Nagar, Yelachenahalli, J.P.Nagar, Bengaluru – 560 078.
4. Syed Nadeem Khadri, S/o. Syed Ali, Aged about 40 years, No.50/51, 4th Cross, Kanaka Nagar, Yelachenahalli, J.P. Nagar, Bengaluru – 560 078.
5. Syed Kaleem Khadri, S/o. late Syed Ali, No.50/51, 4th Cross, Kanaka Nagar, Yelachenahalli, J.P. Nagar, Bengaluru – 560 078.
6. Syed Vaseem Khadri, S/o. Syed Ali, Aged about 34 years, No.50/51, 4th Cross, Kanaka Nagar, Yelachenahalli, J.P. Nagar, Bengaluru – 560 078.
Now Working as:
Construction Manager, ECISA/Harinsa C.C.Qatar W.L.L.
P.O. Box. 24174, Doha – Qata. …Petitioners (By Smt. S. Mubarak Begum, Advocate for Sri. R. Kothwal, Advocate) AND:
1. State of Karnataka, By Basavanagudi Women PS, Bengaluru – 560 078 Represented by State Public Prosecutor.
2. Hajira Sameen, W/o. Syed Vaseem Khadri, Aged about 34 years, No.23, 2nd Main, 2nd Cross, R.B.I. Colony, Jayanagar, 3rd Block East, Bengaluru – 560 011. … Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1; Sri. Dharmapal, Advocate for R2) This Criminal petition is filed under Section 482 of Cr.P.C. praying to quash the proceedings against the petitioners pending before the II Additional C.M.M. Bengaluru in Crime No.237/2013 (C.C. No.7717/2014).
This Criminal petition coming on for Orders, this day, the Court made the following:
O R D E R Sri. Syed Vaseem Khadri, petitioner No.6 and his counsel Smt. S. Mubarak Begum and Smt. Hajira Sameen, respondent No.2/complainant and her counsel Sri.Dharmapal are present. On behalf of respondent No.1 – State, learned Addl. SPP is present.
2. This petition is filed under Section 482 of Cr.P.C. seeking to quash the proceedings in C.C.No.7717/2014 arising out of Crime No.237/2013 for the offences punishable under Section 498A and 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act.
3. During the pendency of the proceedings, parties were referred to Mediation. Parties have entered into a Memorandum of Settlement under Section 89 r/w Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007. Certified copy of the Memorandum of Settlement is produced along with the Memo dated 13.08.2018. Clause No.4(i) and (ii) of the aforesaid settlement reads as under:
“4. Considering the above set of facts they have agreed to resolve the dispute between them as per the terms herein agreed as below:-
(i) Both the 2nd respondent and the 6th petitioner herein agree to withdraw all allegations leveled against each other in all / any forum/s.
(ii) The second respondent herein agrees to file a original suit praying for dissolution of the marriage between her and the 6th petitioner herein, and agrees not to execute the decree passed in O.S.131/2013 in her favor for restitution of conjugal rights. The 6th petitioner herein agrees to co-operate with the second respondent herein in the fair disposal of the suit.”
4. Respondent No.2 submits that the aforesaid settlement has been entered between the parties freely and voluntarily and in terms of the said settlement she has withdrawn all the allegations made against the petitioners in this petition and requests the Court to quash the proceedings initiated against the petitioners. Submission of respondent No.2 is placed on record.
5. In view of the terms reflected in the memorandum of settlement referred above and having regard to the nature of the allegations made against the petitioners, petition is allowed. Proceedings initiated against the petitioners in C.C.No.7717/2014 arising out of Crime No.237/2013 is hereby quashed.
In view of disposal of the petition, I.A.Nos.2/2018, 3/2018 and 4/2018 does not survive for consideration. Accordingly, I.A.Nos.1/2018, 3/2018 and 4/2018 are disposed of.
Sd/- JUDGE SV