Mr Mohammed Zubair vs The State Of Karnataka
2022 Latest Caselaw 550 Kant

                           1


        IN THE HIGH COURT OF KARNATAKA AT BENGALURU

        DATED THIS THE 12TH DAY OF JANUARY, 2022

                         BEFORE

          THE HON'BLE MR. JUSTICE K.NATARAJAN

           CRIMINAL PETITION No.8856 OF 2021
BETWEEN

1 . MR MOHAMMED ZUBAIR
    S/O LATE AZEEZULLA REHMAN
    AGED ABOUT 43 YEARS,
    R/ATNO.L11, 3RD FLOOR,
    4TH CROSS, MIRJA MOHALLA
    HASSAN-573 201

   PRESENTLY R/AT
   C/O ATTAHULLA SHARIFF
   DOOR NO.1051/2, 1ST FLOOR,
   1ST MAIN, 3RD CROSS,
   KTJ NAGARA,
   DAVANAGERE-577 002.

2 . MRS.SAHERA BANU
    W/O MAJEED SAIT,
    AGED 45 YEARS,

3 . MR.MAJID SAIT
    S/O ABBAS SAIT,
    AGED 48 YEARS,

   PETITIONERS NO.2 AND 3 ARE
   R/AT CH 117, 2ND CROSS,
   ASHOKANAGARA RIGHT SIDE,
   SHIVAMOGGA-577 201.
                                         ... PETITIONERS
(BY SRI RAJESHA SHETTIGARA, ADVOCATE (VIDEO
CONFERENCE))
                                     2


AND

1 . THE STATE OF KARNATAKA
    HASSAN WOMAN POLICE STATION,
    HASSAN SUB DIVISION CIRCLE,
    HASSAN-573 201

      REP BY STATE PUBLIC PROSECUTOR
      HIGH COURT OF KARNATAKA,
      BANGALORE-560 001.

2 . MRS.MOHASEENA JABEEN
    W/O MOHAMMED ZUBAIR
    AGED 38 YEARS,
    R/AT NO.L11, 3RD FLOOR,
    4TH CROSS, MIRJA MOHALLA
    HASSAN-573 201.

                                                   ... RESPONDENTS
(BY SRI MAHESH SHETTY, HCGP FOR R1
 SRI GOVINDARAJU K., ADVOCATE FOR R2 (VIDEO
CONFERENCE))

       THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.3710/2021 AGAINST THE PETITIONERS (ACCUSED NO.1
TO    3)   RAISED   OUT   OF    FIR      IN   CR.NO.56/2021   DATED
09.04.2021    REGISTERED       BY       THE   HASSAN   WOMEN   P.S.,
PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC,
HASSAN FOR THE OFFENCES PUNISHABLE UNDER SECTIONS
498A,323,326,307,114,504,506,34 OF IPC AND SECTIONS 3
AND 4 OF D.P ACT AS PER ANNEXURE-G


       THIS CRIMINAL PETITION COMING ON FOR REPOSTING
SETTLEMENT THROUGH VIDEO CONFERENCING THIS DAY, THE
COURT MADE THE FOLLOWING:
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                             ORDER

This petition is filed by the petitioners-accused Nos.1

to 3 under Section 482 of Cr.P.C. for quashing the criminal

proceedings in C.C.No.3710/2021 registered by the Hassan

Woman Police Station in Crime No.56/2021 for the

offences punishable under Sections 498A, 323, 326, 307,

114, 504, 506 read with Section 34 of the Indian Penal

Code, 1860 and Sections 3 and 4 of the Dowry Prohibition

Act, 1961.

2. During pendency of this petition, petitioner

Nos.1 to 3 and respondent No.2 have compounded their

offences and petitioner No.1 and respondent No.2 who are

husband and wife have joined together and leading their

marital life happily and both the parties have filed a joint

compromise application through their counsels on

I.A.No.1/2022 under Section 320 read with Section 482 of

Cr.P.C. for compounding the offences and they have also

filed an affidavit for having settled their dispute between

them.

3. Petitioner No.1 and respondent No.2 appeared

through video conferencing from their residence and

petitioner Nos.2 and 3 together appeared through video

conferencing and their identity was confirmed by their

respective counsels through video conferencing.

4. Though the Police have registered FIR for the

offence under Section 307 of IPC but in the charge-sheet,

they have mentioned Section 326 of IPC. However, the

allegation against these petitioners is that they have

assaulted respondent No.2 by their hands and caused

injuries. Therefore, it cannot be said that there is an

offence punishable under Sections 307 and 326 of IPC

made out without any basis. Therefore, in view of the

judgment of the 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 in

respect of a matrimonial case, the Court can quash the

proceedings. Hence, continuing the criminal proceedings

against the petitioner Nos.1 to 3 is not necessary and it

amounts to abuse of process of law. The Hon'ble Supreme

Court in the case of Rajendra Bhagat vs. State of

Jharkhand and Another reported in 2022 Live Law

(SC) 34 in Crl.A.No.2/2022, has held that when the

parties are settled their dispute between them especially

husband and wife, even the conviction cannot be

sustained. Such being the case, I am of the view that the

criminal proceedings against petitioner Nos.1 to 3 requires

to be quashed in view of the settlement between the

parties.

5. In view of compromise between the parties,

I.A.No.1/2022 is allowed.

6. Accordingly, criminal petition is allowed and

the further proceedings in C.C.No.3710/2021 against the

petitioners-accused Nos.1 to 3 registered by the Hassan

Woman Police Station in Crime No.56/2021 pending on the

file of Principal Civil Judge and JMFC, Hassan is hereby

quashed.

Sd/-

JUDGE

GBB