IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 09TH DAY OF OCTOBER 2017 BEFORE THE HON’BLE MR.JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.4609/2015 C/W CRIMINAL PETITION NOS.3590/2017 & 7965/2017 In Crl.P.No.4609/2015 BETWEEN:
1. Yaseen Babu @ Yaseen Shariff, S/o Abdul Majeed, Age: 34 years.
2. Smt. Mallika @ Maleen, W/o Abdul Majeed, Age: 59 years.
Both residing at No.16, 5th Main Road, S.K.Garden, Benson Town, Bengaluru City – 560 046.
... Petitioners (By Sri.P.Prasanna Kumar, Adv.) AND:
1. The State of Karnataka, By Halsoorgate Women Police Station, Bengaluru – 560 002.
2. Smt. Sameera @ Sameera Banu, D/o Mohammed Amjad Sharuff, Age: 26 years, Residing at No.160/2, 4th Cross Road, Nehrupuram, Broadshaw Street, Bengaluru – 560 001.
... Respondents (By Sri.K.Nageshwarappa, HCGP for R-1; Sri.M.D.Raghunath, Adv. for R-2) This Criminal petition is filed u/s 482 of Cr.P.C. praying to quash the charge sheet filed against the petitioners/accused Nos.1 and 2 in the Halasurgate Women Police Station, Cr.No.205/2013 (C.C.No.2695/2015) for the alleged offence P/U/S 498A, 506 of IPC and Sec.4 of D.P.Act on the file of the VI A.C.M.M., Bengaluru.
In Crl.P.No.3590/2017 BETWEEN:
1. Abdul Majeed, S/o Late Abdul Sattar, Aged 70 years, Occupation: Nil, Residing at No.16, 5th Main, S.K.Garden, Benson Town, Bengaluru – 560 046.
2. Smt. Ghousiya Banu, W/o Syed Aslam Shabzwari, (Husband name wrongly shown In the cause title of the Trial Court As Mohammed Aslam), Aged 35 years, Occupation: Household Work, No.368, 1st Main Road, Bhuvaneshwari Nagar, Bengaluru North – 560 032.
3. Abdul Waseem M. S/o Mr. Abdul Majeed, Aged 30 years, Residing at No.16, 5th Main, S.K.Garden, Benson Town, Bengaluru – 560 046.
4. Ms. Shaista Sultana, W/o Mr. Shakeel Pasha, Aged 23 years, Occupation: Household Work, Residing at No.35, 2nd Floor, Ajappa Block, R.T.Nagar, Bengaluru – 560 032.
5. Smt. Abdul Ameen, S/o Mr. Abdul Majeed, Aged 21 years, Occupation: Student, Residing at No.16, 5th Main, S.K.Garden, Benson Town, Bengaluru – 560 046.
(By P. Prasanna Kumar, Adv.) AND:
1. Smt. Sameera, D/o Mohammed Amjad Shariff, Aged 39 years, Residing at No.160/2, Nehrupuram, Broadshaw Street, 4th Cross, Bengaluru – 560 051.
... Petitioners ... Respondent (By Sri. M.D.Raghunath, Adv.) This Criminal Petition is filed U/S 482 of Cr.P.C. praying to quash the proceedings in Crl.Misc.No.123/2016 on the file of MMTC-1, Mayo hall, M.G.Road, Bengaluru filed by the respondent U/S 12 of Protection of Women from Domestic Violence Act, in so far as the same relates to the petitioners/respondent Nos.2, 4, 6, 8 and 9 respectively.
In Crl.P.No.7965/2017 BETWEEN:
1. Smt. Malika, Wife of Abdul Majeed, Age: 59 years, Residing at No.16, 5th Main, S.K.Garden, Bengaluru – 560 046.
2. Sri. Yaseen Babu, Son of Abdul Majeed, Age: 37 years, Residing at No.16, 5th Main, S.K.Garden, Bengaluru – 560 046.
... Petitioners (By Sri.P.Prasanna Kumar, Adv.) AND:
Smt. Sameera, Daughter of Mohammed Amjad Shariff, Age: 39 years, Residing at No.160/2, Nehrupuram, Broadshaw Street, 4th Cross Road, Bengaluru – 560 001.
... Respondent (By Sri.M.D.Raghunath, Adv. for R-2) This Criminal petition is filed u/s 482 of Cr.P.C. praying to quash the entire proceedings in Crl.Misc.123/2016 before the Metropolitan Magistrate Traffic Court-I, Bengaluru filed by the respondent u/s 12 of Domestic Violence Act in so far as proceedings relates to petitioners herein before the trial Court.
These Criminal petitions coming on for Admission this day, the Court made the following:
O R D E R These petitions have been filed by the accused for quashing of C.C.No.2695/2015 which has been registered for the offences punishable under Sections 498 A, 506 of IPC and Section 4 of Dowry Prohibition Act and pending on the file of VI ACMM, Bengaluru and Criminal Misc.No.123/2016 initiated by the complainant (Smt. Sameera) under Section 12 of Protection of Women from Domestic Violence Act, 2005 on the file of MMTC-1, Mayo Hall, M.G.Road, Bengaluru.
2. Heard the arguments of learned advocates appearing for parties. Perused the records.
3. 1st petitioner in criminal petition No.4609/2015 and 2nd respondent herein (Smt.Sameera @ Sameera Banu) on 12.07.2012 got married and out of the wedlock a daughter was born. On account of certain disputes is said to have arisen between them and it has resulted in dissolution of their marriage. 2nd respondent filed a complaint alleging she was being harassed by petitioners herein with a demand for dowry. She has also initiated proceedings under Section 12 of Dowry Prohibition Act.
4. Today, learned advocates have filed joint application in all these petitions stating thereunder that, dispute between them have been amicably settled by entering into a memorandum of settlement on 03.10.2017 by enclosing the copy of the same. It is also stated that 2nd respondent has agreed to receive an amount of Rs.4,00,000/- in all, towards her claim for permanent alimony and also that of her daughter in full and final settlement.
5. Said joint memo is duly signed by the parties present before Court. 2nd respondent, who is present before the Court has also filed an affidavit enclosing the same to the application and stating thereunder that out of her own free will and consent and without any force and coercion, she has affixed her signature to the joint application as well as affidavit. She has also stated that she has no objection for proceedings initiated by her against petitioners being quashed. She has also acknowledged receipt of Rs.4,00,000/- by way of demand draft as indicated in the joint memo.
6. She has been represented by Sri.M.D.Raghunath, learned counsel, who in token of having identified her has also afford his signature to the memo enclosing photocopies of Aadhaar cards and Election ID cards issued by statutory authorities, which is signed by 2nd respondent and counter signed by her learned counsel. Petitioners have also been identified by their learned counsel, Sri.Prasanna Kumar P., and he has also enclosed copies of the identity cards of petitioners and he has also duly affixed his signature.
7. In the light of all aforestated facts and complainant agreeing for proceedings pending against petitioners being quashed, this Court is of the considered view that continuation of further proceedings against petitioners would not serve fruitful results and would be abuse of process of law, since settlement has been arrived between the parties. Hence, the following:-
ORDER (i) Criminal petitions are hereby allowed.
(ii) Proceedings pending against petitioners in C.C.No.2695/2015 on the file of the 6th ACMM, Bengaluru, is hereby quashed and petitioners (in Criminal Petition No.4609/2015) namely accused Nos.1 and 2 are hereby acquitted of the offences punishable under Sections 498(A), 506 of IPC and Section 4 of Dowry Prohibition Act.
(iii) Proceedings pending on the file of the 6th ACMM, Bengaluru, in Criminal Misc.No.123/2016 against petitioners for the offence punishable under Section 12 of Protection of Women from Domestic Violence Act, 2005 on the file of MMTC-1, Mayo Hall, M.G. Road, Bengaluru is hereby quashed.
(iv) In so far as the petitioners herein are concerned, 2nd respondent – Sameera has filed a memo to the effect that the would not press the proceedings in Criminal Misc.No.123/2016 against respondent Nos.5 and 7 therein. Hence, petition against respondent Nos.5 and 7 also stands dismissed by placing the said memo on record.
SD/- JUDGE MH/-