IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2019 BEFORE THE HON'BLE MR. JUSTICE JOHN MICHAEL CUNHA CRIMINAL PETITION NO.7078 OF 2015 Between:
1. Zubair Ahmed S/o. Basheer Ahmed, Aged about 30 years, R/at. No.770, 14th Cross, B.T.M., 2nd stage, Bengaluru – 79, Working at Genpact Company Pvt. Ltd., Near Belandur, Marthahalli, Ring road, Bengaluru – 560 079.
At present Residing at No.770, 14th Cross, B.T.M II Stage, Bengaluru - 79.
2. S.N. Nisar Pasha @ Nuri S/o. Late S.A. Nabi@ Mynse Nabis, Aged about 38 years, Residing at No.405, South Extension, Vidyanagar, Chikkanayakanahalli, Tumkur District, Pin – 572 218.
3. Mohammed Fairoze S/o. Mohammed Hussain, Aged about 30 years, Jogehalli Road, Chikkanayakanahalli Town & Taluk, Tumkur District. Pin – 572 218. … Petitioners (By Sri. S.A.H. Razvi., Advocate) And:
1. Vijayanagara Police Station Bengaluru City – 560 040.
2. Mrs. Sayeeda Mubashira D/o Syed Zaheer M, Aged about 27 years, R/at S. Begum building, 2nd floor, 2nd Cross, Jockey Garden, Giddappa Block, Ganga Nagar, Bengaluru – 560 032.
Also at Mrs. Sayeeda Mubashira D/o Syed Zaheer M, (Karnataka Traders Ex-Vice President, Gram Panchayath) Aged about 27 years, Maruthinagar, Huliyar, Chikkanayakanahalli (T) Tumkur (D), Pin – 572 218. …Respondents (By Sri. Vijayakumar Majage, Addl. SPP for R1 Sri. Syed Khaleel Pasha, Adv. for R2) This Criminal Petition is filed under Section 482 Of Cr.P.C praying to quash the entire proceedings against the petitioners in C.C.No.10959/2014 which is pending before the Hon’ble XXIV A.C.M.M., at Bengaluru.
This Criminal Petition coming on for Admission this day, the Court made the following:
O R D E R Petitioners - Sri Zubair Ahmed, Sri S.N. Nisar Pasha @ Nuri, Sri Mohammed Fairoze and their counsels Sri S.A.H.Razvi; respondent No.2 – Smt.Sayeeda Mubashira and her counsel Sri Syed Khaleel Pasha are present.
2. Petitioners are accused Nos.6, 7 and 8 in C.C.No.10959/2014 pending on the file of XXIV Additional Chief Metropolitan Magistrate, Bengaluru. Petitioners have sought to quash the said proceedings under Section 482 of Cr.P.C.
3. Petitioners and second respondent have filed a joint memo duly signed by them and their respective counsels. In the memo, it is stated that second respondent and accused No.1 have patched up all their differences and are living together as husband and wife and in view of the said development, second respondent does not intend to persecute the complaint lodged by her against the petitioners. Second respondent submitted that she has voluntarily and willingly withdrawn all the allegations made against the petitioners and prayed to accept the joint memo and to quash the proceedings initiated against the petitioners.
4. In view of the above facts, the joint memo filed by the parties is accepted.
5. In terms of the said joint memo, petition is allowed. The proceedings in C.C.No.10959/2014 pending on the file of XXIV Additional Chief Metropolitan Magistrate are hereby quashed only insofar as the petitioners namely, accused Nos.6, 7 and 8 are concerned.
In view of disposal of the petition, I.A.No.1/2015 for stay does not survive for consideration. Accordingly, I.A.No.1/2015 is disposed of.
Sd/- JUDGE PYR