Karnataka High Court
Shri. Tanveer Ahmed vs State Of Karnataka on 5 January, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF JANUARY, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION No.9787 OF 2021
BETWEEN
1 . SHRI. TANVEER AHMED
S/O. GHOUSE KHAN,
AGED ABOUT 40 YEARS
PRESENTLY R/AT IN A206,
GAJANANA SUMUK APARTMENT,
BESIDE CHAITHANYA, HOODI,
BENGALURU CITY
KARNATAKA - 560 048
2 . SMT. NAJUMUNISA G
W/O. P GHOUSE KHAN
AGED ABOUT 60 YEARS
3 . SMT. G SHABANA
D/O. P GHOUSE KHAN
AGED ABOUT 38 YEARS
ALL ARE R/AT O. 19-70135/B,
RC ROAD, TIRUPATHI (URBAN)
CHITOOR,
ANDHRA PRADESH 517501.
... PETITIONERS
(BY SRI HANUMESH H N, ADVOCATE (VIDEO CONFERENCE))
AND
1. STATE OF KARNATAKA
BY MAHADEVAPURA PS,
2
REP BY SPECIAL PUBLIC PROSECUTOR,
HIGH COURT BUILDING,
BENGALURU 560001
2. S. FAZEELATH ZAMANI
W/O. TANVEER AHMED,
R/AT O. 19-70135/B, RC ROAD,
TIRUPATHI (URBAN) CHITOOR,
ANDHRA PRADESH 517501.
PRESENTLY R/AT A206,
GAJANANA SUMUK APARTMENT,
BENGALURU 560048
... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R1
SRI SHARATH J.M., ADVOCATE FOR R2 (VIDEO CONFERENCE))
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO SET ASIDE THE ORDER DATED 23.11.2020
PASSED BY THE XXIX ADDL.C.M.M., BENGALURU IN
C.C.NO.55021/2020 FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498-A READ WITH SECTION 34 OF IPC AND
SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, AND
CONSEQUENTLY, QUASH THE SET ASIDE ENTIRE PROCEEDINGS
PENDING THEREON.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THROUGH VIDEO CONFERENCING, THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners-accused
Nos.1, 2 and 4 under Section 482 of Cr.P.C., for quashing
the criminal proceedings in C.C.No.55021/2020 pending on
the file of the XXIX Additional Chief Metropolitan
Magistrate, Bengaluru for the offences punishable under
Sections 498-A read with Section 34 of IPC and Sections 3
and 4 of the Dowry Prohibition Act, registered by the
Mahadevapura Police in Crime No.402/2019.
2. Heard the arguments on both the sides.
3. Learned counsel for the petitioners submits
that accused No.3 has been dead and the same is already
abated.
4. During pendency of this petition, both
petitioners and respondent No.2 have filed a joint
compromise application on I.A.No.2/2021 under Section
320 read with Section 482 of Cr.P.C. for compounding the
offences.
5. Petitioner No.1 and respondent No.2 appeared
before the Court along with their counsel through video
conferencing and their identity has been confirmed by their
respective counsels.
6. The same is placed on record.
7. As per the judgment of Hon'ble Supreme Court
in the case of Gian Singh vs. State of Punjab and
Another reported in 2012 CRI.L.J.4934 wherein, it has
been held that in cases where the parties have settled the
dispute between them, the Court can quash the
proceedings and continuation of the proceedings is abuse
of process of law. In view of the principles laid down in
the case of Gian Singh stated supra and guidelines issued
therein, the criminal proceedings against the petitioners
requires to be quashed in view of the settlement between
the parties. In view of compromise between the husband
and wife, I.A.No.2/2021 is allowed.
8. Accordingly, criminal petition is allowed. The
criminal proceedings against the petitioners-accused Nos.
1, 2 and 4 in Crime No.402/2019 registered by respondent
No.2 registered by Mahadevapura Police Station for the
offences punishable under Sections 498-A read with
Section 34 of IPC and Sections 3 and 4 of the Dowry
Prohibition Act is hereby quashed.
Sd/-
JUDGE
GBB
