Karnataka High Court
Sri Mohammed Waheed Ahmed vs State By Adugodi Police Station on 11 October, 2022
Bench: K.Natarajan
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2022
BEFORE
THE HON'BLE MR. JUSTICE K.NATARAJAN
CRIMINAL PETITION NO.9479 OF 2022
BETWEEN
SRI MOHAMMED WAHEED AHMED
AGED ABOUT 63 YEARS
S/O LATE MOHAMMED HAYATH,
MCC 'A' BLOCK,
NEAR CANARA BANK
DAVANAGERE - 577 005. ...PETITIONER
(BY SRI. MANJUNATH H., ADVOCATE)
AND
1. STATE BY ADUGODI POLICE STATION
ADUGODI
BENGALURU
REPRESENTED BY THE
STATE PUBLIC PROSECUTOR,
2. SMT. TASMEEM FATHIMA
W/O SRI MOHAMMED WAHEED AHMED
NO.441, 14TH MAIN
LAKKASANDRA EXTENSION
BENGALURU - 560 030. ...RESPONDENTS
(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1
SRI. A. MADHUSUDHAN RAO, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO ALLOW
THE PETITION AND QUASH THE CHARGE SHEET IN
C.C.NO.22193/2016 FOR THE OFFENCE PUNISHABLE UNDER
SECTION 498A OF IPC IN CR.NO.110/2016 REGISTERED BY THE
2
RESPONDENT NO.1/ADUGODI P.S., THE MATTER BETWEEN THE
RESPONDENT NO.1 AND THE PETITIONER.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader is directed
to take notice for respondent No.1-State.
2. This petition filed by the accused is under Section
482 of Cr.P.C. for quashing criminal proceedings in Crime
No.110/2016 registered by Adugodi police station pending
on the file of VI Additional Chief Metropolitan Magistrate,
Bengaluru in C.C. No.22193/2016 for the offence
punishable under Section 498A of IPC.
3. Heard learned counsel for the petitioner and
learned High Court Government Pleader for respondent
No.1-State and learned counsel for respondent No.2.
4. During the pendency of this petition, both the
petitioner and respondent No.2 appeared in person before
the Court. Both the parties have filed I.A. No.1/2022
under Section 320 read with Section 482 of Cr.P.C. seeking
permission to compound the offence. The parties submit
that they have settled the dispute between themselves in
Mediation Centre and they have also settled the issue
before this Court in MFA No.2812/2022 and connected
matters. The learned counsel has also produced the
certified copy of the order passed in MFA No.2812/2022
connected matters dated 28.09.2022. As per the terms of
settlement, Sub-para III(7)(e) of Para 6 of the judgment
passed in the aforesaid M.F.A. says that respondent shall
co-operate with the proceedings in the petition filed by the
petitioner accused.
5. In view of the judgment of Hon'ble Supreme
Court in case of Gian Singh Vs. State of Punjab and
Another reported in (2012) 10 SCC 303, wherein it has
been held that in matrimonial case, if the parties have
settled the dispute between them, the Court can quash the
criminal proceedings, if it is not affecting the interest of
the public at large. In view of the same, the parties have
settled the dispute amicably and therefore I.A.No.1/2022
requires to be allowed. The parties are permitted to
compound the offences. Accordingly, I.A.No.1/2022 is
allowed.
6. Consequently, the criminal petition is allowed.
The criminal proceeding in Crime No.110/2016 registered
by the respondent police station pending in C.C.
No.22193/2016 on the file of VI Additional Chief
Metropolitan Magistrate, Bengaluru, is hereby quashed.
Sd/-
JUDGE
Cs
