Karnataka High Court
Javeriya Naz And Ors vs The State Of Karnataka And Anr on 21 February, 2022
Bench: V Srishananda
1
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 21ST DAY OF FEBRUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION No.200154/2022
C/W.
CRIMINAL PETITION NO.200962/2021
IN CRIMINAL PETITION NO.200154/2022
BETWEEN:
1 . MOHAMMED ZAHID HUSSAIN
S/O MOHAMMED ISHAQ,
AGE. 43 YEARS, OCCN. M.R WORK,
R/O H.NO. 7-116, MOMINPURA,
KHUNIALAWA BHADKAL,
KALABURAGI 585104
2 . AKHTAR FATIMA W/O MOHAMMED ISHAQ
AGE. 43 YEARS, OCCN. M.R WORK,
R/O H.NO 7-116, MOMINPURA,
KHUNIALAWA BHADKAL,
KALABURAGI 585104
3 . KHAIROON RIZWANA
W/O SYED AYYUB DECCANI
AGE. 48 YEARS, OCCN. HOUSEHOLD,
R/O H.NO. 7-116, MOMINPURA,
KHUNIALAWA BHADKAL,
KALABURAGI 585104
2
4 . RAHMAT RUKSANA W/O MOHAMMED
MOHIYUDDIN PEERAN
AGE. 46 YEARS, OCCN. HOUSEHOLD,
R/O 7-775/A DARGA ROAD, OPPOSITE FARAN,
LIBERARY, MOMINPURA KALABURAGI 585104
5 . SYED PWAIZ REHAN DECCANI
S/O SYED AYYUB DACCANI,
AGE. 31 YEARS, OCCN. BUSINESS,
R/O H.NO. 7-775/5A, NEAR,
MORE HOSPITAL NAYA MOHELLA MIJGORI
KALABURAGI 585104.
...PETITIONERS
(BY SRI SYED FAYZUDDIN, ADVOCATE)
AND:
1 . THE STATE OF KARNATAKA
THROUGH CITY WOMEN P.S KALABURAGI,
REPRESENTED BY ADDL S.P.P
HIGH COURT OF KARNATAKA
KALABURAGI 585103
2 . JAVERIYA W/O ZAHID HUSSAIN
AGE. 35 YEARS, OCCN. HOUSEHOLD,
R/O H. NO. 4-601-67-H-12,
M.B NAGAR ROAD, KALABURAGI 585104. ...
...RESPONDENTS
(BY SRI.GURURAJ V. HASILKAR, HCGP FOR R1;
SRI B. C. JAKA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING
TO, ALLOW THE PETITION AND QUASH THE FIR
REGISTERED BY THE RESPONDENT POLICE IN CRIME NO.
92/2021, KALABURAGI CITY WOMEN POLICE STATION
FOR THE OFFENCES PUNISHABLE U/SEC. 498A, 323, 324,
504, 506, 149, AND U/SEC. 3 AND 4 OF THE DOWRY
3
PROHIBITION ACT. PENDING FOR DISPOSAL BEFORE THE
I ADDL. JMFC AT KALABURAGI (ANNEXURE-A) TO PASS
ANY OT HER APPROPRIATE ORDERS AS MAY BE DEEMED
NECESSARY IN THE FACTS AND CIRCUMSTANCES OF THE
CASE.
IN CRIMINAL PETITION NO.200962/2021
BETWEEN:
1.JAVERIYA NAZ
W/O. MOHAMMAD JAHID HUSAIN
AGE 36 YEARS, OCC: HOUSEWIFE
2.MEHABOOB ALI S/O. DASTAGEER
AGE 66 YEARS, OCC; RTD. PSI
3.ISHRAT JAHAN @ ISHRAT BEGUM
W/O. MEHABOOB ALI
AGE 57 YEARS, OCC: HOUSEHOLD
4.REHAN ALI S/O. MEHABOOB ALI
AGE 26 YEARS, OCC: STUDENT
ALL ARE R/AT NEAR KAMAL MUZARATH,
YADULLA COLONY, KALABURAGI,
R/AT H. NO.4-601-67-H-12, M.B. NAGAR ROAD,
BANDA NAWAZ COLONY,
KALABURAGI-585 104.
...PETITIONERS
(BY SRI B.C. JAKA, ADV.)
AND:
1. THE STATE OF KARNATAKA
THROUGH P.S./POLICE STATION,
REPRESENTED BY ADDL. SPP
HIGH COURT OF KARNATAKA
4
AT KALABURAGI BENCH
DIST. KALABURAGI
2. MOHAMMED ZAHID HUSSAIN
S/O MOHAMMED ISHAQ,
AGE. 43 YEARS, OCCN. M.R WORK,
R/O H.NO. 7-116, MOMINPURA,
KHUNIALAWA BHADKAL,
KALABURAGI 585104
...RESPONDENTS
(BY SRI GURURAJ V. HASILKAR, HCGP FOR R1;
SRI SYED FAYAZUDDIN, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 OF CR.P.C. PRAYING TO QUASH THE FIR IN CASE
REGISTERED IN CRIME NO.53/2021 BY THE KALABURAGI
RURAL POLICE FOR THE OFFENCES PUNISHABLE TO THE
ACCUSED PETITIONERS, FOR THE OFFENCE PUNISHABLE
UNDER SECTION 341, 323, 324, 354, 504, 506 READ
WITH SECTIONS 34 OF IPC, PENDING ON THE FILE OF
THE V ADDL. CIVIL JUDGE (JR.DN.) AND JMFC,
KALABURAGI TO SECURE THE ENDS OF JUSTICE AND
PREVENT ABUSE OF PROCESS OF COURT AND PASS SUCH
OTHER ORDER OR ORDERS, WHICH THIS COURT MAY BE
PLEASED TO PASS, IN THE CIRCUMSTANCES OF THE
CASE.
THESE PETITIONS COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Though these matters are listed for admission, with
the consent of learned counsel for the parties, they are
taken up for final disposal.
2. Heard the learned counsel for the petitioners,
the learned High Court Government Pleader for respondent
No.1 and the learned counsel for respondent No.2.
3. These petitions are filed under Section 482 of
Cr.P.C. with the following prayer:
Crl.P.No.200154/2022
"The petitioners are praying to, allow the
petition and quash the fir registered by the
respondent police in Crime No. 92/2021,
Kalaburagi City Women Police Station for the
offences punishable u/Secs. 498A, 323, 324, 504,
506, 149, and u/Secs. 3 and 4 of the Dowry
Prohibition Act, Pending for disposal before the I
Addl. JMFC AT Kalaburagi (Annexure-A) to pass any
other appropriate orders as may be deemed
necessary in the facts and circumstances of the
case."
In Crl.P.No.200962/2021
"The petitioners are praying to quash the
FIR in case registered in Crime No.53/2021 by the
Kalaburagi Rural police for the offences punishable
to the accused petitioners, for the offence
punishable under Section 341, 323, 324, 354, 504,
506 read with Sections 34 of IPC, pending on the
file of the V Addl. Civil Judge (Jr.Dn.) and JMFC,
Kalaburagi to secure the ends of justice and
prevent abuse of process of Court and pass such
other order or orders, which this Court may be
pleased to pass, in the circumstances of the case."
4. When the matter was being heard, the parties
have settled the dispute amicably and filed a joint
application, which was signed by the parties and also
supported by the affidavit of the parties.
5. The parties are present before the Court. The
contents of the joint application is read over to the parties
and the parties agreed that they are well acquainted with
the Kannada language and they have understood the
contents of the joint application and there is no force or
coercion in reaching out the settlement. Accordingly,
following the judgment of the Hon'ble Apex Court in the
case of Ramgopal vs. State of Madhya Pradesh,
reported in 2021 Supreme Court Cases (OnLine) 834,
this Court is of the considered opinion that the guidelines
mentioned in paragraph No.20 of the said judgment is
applicable to the case on hand and therefore, the joint
application needs to be allowed. Since there is a true
settlement between the parties, continuation of criminal
proceedings is unnecessary. The powers of this Court
under Section 482 of Cr.P.C. is therefore, being exercised
dehors Section 320 of IPC and the parties are at liberty to
seek quashing of further proceedings in pending criminal
case. Accordingly, following order is passed:
ORDER
The joint application filed under Section 320 read
with Section 482 of Cr.P.C. is hereby allowed.
Consequently, the pending proceedings in Crime
No.92/2021 of Kalaburagi City Women police station, now
pending on the file 1st Additonal JMFC at Kalaburagi and
Crime No.53/2021 of Kalaburagi Rural police station, now
pending on the file of 5th Additional Civil Judge (Jr.Dn.) and
JMFC, Kalaburagi respectively are hereby quashed.
In view of disposal of main petition, I.A.1/2021 filed
in Crl.P.No.200962/2021 stands disposed of.
Sd/-
JUDGE
Srt
