IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF APRIL, 2019 BEFORE THE HON’BLE MR. JUSTICE ARAVIND KUMAR CRIMINAL PETITION NO.2588/2019 BETWEEN:
1. ZAFFAR SIDDIQ QURESHI S/O LATE NAZEER AHMED QURESHI, NOW AGED ABOUT 37 YEARS.
2. HAREEFA BANU W/O LATE NAZEER AHMED QURESHI, NOW AGED ABOUT 62 YEARS, BOTH ARE RESIDING AT NO.55, M.G. GARDEN, NEELASANDRA, BANGALORE - 560 047.
... PETITIONERS (BY SRI. SRINIVAS N., ADVOCATE) AND:
1. STATE OF KARNATAKA BY HALASOOR GATE WOMAN POLICE STATION, REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2. NAZMA BEGUM QURESHI W/O ZAFFAR SIDDIQ QURESHI AGED ABOUT 30 YEARS RESIDING AT NO.10 4TH MAIN ROAD BYRASANDRA JAYANAGARA BANGALORE - 560 011.
... RESPONDENTS (BY SRI. S. RACHAIAH., HCGP FOR R-1; SRI. KRISHNA MURTHY., ADVOICATE FOR SMT. SHEEBA ESSA KHAN., AMICUS CURIE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.31474/2014, PENDING AGAINST THE PETITIONERS HEREIN ON THE FILE OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE AT BANGALORE FOR OFFENCE P/U/S.498A OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT.
THIS PETITION COMING ON FOR ADMISSSION THIS DAY, THE COURT MADE THE FOLLOWING:
O R D E R Petitioners who have been arraigned as accused Nos.1 and 2 in C.C.No.31474/2014 registered by Halasurugate Women Police Station for the offences punishable under Sections 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, pending on the file of VI Addl. Chief Metropolitan Magistrate, Bangalore, are before this Court for quashing of said proceedings.
2. Today, learned Advocates appearing for parties have filed a joint memo along with affidavits of respective parties stating thereunder that first petitioner had filed a suit in O.S.No.8/2019 for dissolution of marriage solmenised on 26.09.2013 and thereafter, parties are said to have amicably settled their disputes by entering into a compromise. It is also stated that first petitioner has paid a sum of `4,00,000/- to second respondent and her child as permanent alimony and second respondent has also acknowledged the receipt of said amount and she has agreed to withdraw all pending cases filed by her against petitioners. Parties have also agreed under the settlement that they would withdraw all pending cases filed against each other. Accordingly, O.S.No.8/2019 came to be decreed on 13.02.2019 in terms of settlement arrived at between parties. It is further stated that second respondent has no objection for quashing the present proceedings pending against petitioners before trial Court in CC No.31474/2014.
3. In the light of said settlement arrived at between parties, complainant–second respondent, who is present before Court submitting that she has no further claims against petitioners and dispute has been amicably settled and she does not intend to prosecute the proceedings initiated by her against petitioners continuation of proceedings may not be called for. She has also submitted that out of her own free will, volition and without any threat, force or coercion she has entered into such settlement and she has no objection for proceedings being quashed.
4. Ms. Sheeba Essa Khan, learned Member of the Bar, who is present before Court, was requested to assist the Court since second respondent/complainant is a Pardanisha lady. Learned Advocate appointed as Amicus Curiae submits that she has interacted with the second respondent/complainant and she has reiterated the contents of the affidavit and also submits that she does not intend to cohabitate with first petitioner and she has no objection for proceedings being quashed. It is also reported by her that second respondent is said to have signed the affidavit voluntarily out of her free own will without any force, threat or coercion.
5. Both parties are present before Court and they are identified by their respective learned Advocates and they have also filed photocopies of identity cards issued by the statutory authorities evidencing their identity along with respective affidavits filed today.
First petitioner – Zafar Siddiqui has also identified second respondent present before Court.
6. In the light of aforestated facts and keeping in mind the principles laid down by the Hon’ble Apex Court in the case of GIAN SINGH VS. STATE OF PUNJAB AND ANOTHER reported in (2012) 10 SCC 303, this Court is of the considered view that continuation of further proceedings against petitioners would not sub- serve the ends of justice and it would be an abuse of process of law. In that view of the matter, this Court finds there is no impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
ORDER (i) Criminal petition is allowed.
(ii) Proceedings pending against petitioners in C.C.No.31474/2014 registered by Halasurugate Women Police Station for the punishable under Sections 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961, on the file of VI Addl. Chief Metropolitan Magistrate, Bangalore, is quashed and petitioners are acquitted of aforesaid offences.
SD/- JUDGE DR