Next > IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2359/2019 BETWEEN:
1. TANVEER AHMED A S/O A. MUSHTAQ AHMED AGED ABOUT 39 YEARS.
2. A. MUSHTAQ AHMED S/O LATE ABDUL KHALIQ AGED ABOUT 69 YEARS.
3. HUMERA BHANU W/O A. MUSHTAQ AHMED AGED ABOUT 59 YEARS.
PETITIONERS 1 TO 3 ALL ARE RESIDING AT KA:231, NEW NO.37 1ST FLOOR, SHAMPURA MAIN ROAD, ANWAR LAYOUT ARABIC COLLEGE POST BANGALORE - 560 045.
(BY SRI. SRINIVASAN V., ADVOCATE) AND:
1. STATE OF KARNATAKA REPRESENTED BY STATION HOUSE OFFICER K.G. HALLI POLICE STATION BANGALORE - 560 045.
2. AYIESHA FATHIMA C.P ... PETITIONERS D/O C.P. SHAFEE AHMED #9/3-A, GROUND FLOOR SREE RAMA TENT ROAD MUNIVENKATAPPA BLOCK VENKATESH PURAM BANGALORE - 560 045.
(BY SRI. S. RACHAIAH., HCGP FOR R-1;
... RESPONDENTS SRI. SYED KHALEEL PASHA., ADVOCATE FOR R-2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO QUASH THE C.C.NO.54852/2016, PENDING BEFORE THE XI A.C.M.M., MAYO HALL AT BANGALORE REGISTERED UNDER THE OFFENCES P/U/S 498A OF IPC AND SECTION 3 AND 4 OF D.P ACT BY K.G. HALLI POLICE STATION, THE RESPONDENT NO.1 IN ACCORDANCE WITH LAW.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who are arraigned as accused Nos.1 to 3 and who are facing criminal prosecution in C.C.No.54852/2016 pending on the file of XI Addl. Chief Metropolitan Magistrate, Mayo Hall, Bangalore, registered by Kadugondana Halli Police Station for the offence punishable under Section 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 affidavit has been filed by first petitioner and second respondent stating thereunder that they have amicably settled their dispute and second respondent does not intend to proceed with the prosecution initiated by her against petitioners and she has no future claims against petitioners. Second respondent has also stated that she would withdraw the case pending against petitioners in C.C.No.*54852/2016 arising out of Crime No.*0005/2016 and she has no objection for said proceedings being quashed.
3. First petitioner and second respondent– complainant are present before Court and they reiterate the contents of joint affidavit. First respondent submits that out of her own free will and volition, without any force, threat or coercion she has affixed her signature to the joint affidavit and she is not inclined to continue with the proceedings initiated by her against petitioners. To establish the identity of parties present before Court, photocopies of identity cards issued by Next >