Karnataka High Court
Imran Pasha vs The State Of Karnataka on 23 February, 2023
Bench: K.Natarajan
-1-
CRL.P No. 1338 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF FEBRUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 1338 OF 2023
BETWEEN:
1. IMRAN PASHA
S/O RAHMATHULLA
AGED ABOUT 38 YEARS
2. RAHMATHULLA
S/O LATE AMEER SAB
AGED ABOUT 55 YEARS
3. SMT AKTHAR @ AKTHARUNISSA
W/O RAHMATHULLA
AGED ABOUT 48 YEARS
4. BHIBHI JAAN
W/O MOWLA
AGED ABOUT 30 YEARS
CORRECT NAME AND ADDRESS SMT FARAHANA
D/O RAHAMATHULLA
AGED ABOUT 37 YEARS
RESIDING AT SANTHEKALLAHALLI POST
Digitally signed by
SHOBHA C
VAIZAKURU POST
Location: High Court CHICKABALLAPUR DISTRICT
of Karnataka
PIN-563128.
ALL ARE RESIDING AT
MAHAMADPUR VILLAGE
CHINTAMANI TALUK
CHICKBALLAPUR DISTRICT
PIN-563125.
PERMANENT ADDRESS VIJAKURU VILLAGE
CHINTAMANI TALUK
CHICKBALLAPUR DISTRICT
PIN-563128
...PETITIONERS
(BY SRI. A.S. KULKARNI.,ADVOCATE)
-2-
CRL.P No. 1338 of 2023
AND:
1. THE STATE OF KARNATAKA
BY CHINTAMANI RURAL POLICE STATION
CHINTAMANI-563125
REPRESENTED BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING
BANGALORE-560001.
2. SMT SHAMSHIRA
W/O IMRAN PASHA
AGED ABOUT 21 YEARS
RESIDING AT MAHAMADPUR VILLAGE
CHINTAMANI TALUK
CHICKBALLAPUR DISTRICT
PIN-563125.
...RESPONDENTS
(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1
SRI. S.Z. BAREED, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE CHARGE SHEET AGAINST THE
PETITIONERS/ACCUSED NO.1 TO 4 IN CHINTAMANI RURAL P.S.,
CHICKBALLAPUR DISTRICT IN CR.NO.493/2019 (C.C.NO.411/2020)
FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498A,
323, 324, 504, 506 READ WITH SECTION 34 OF IPC AND SECTIONS
3,4 OF D.P ACT ON THE FILE OF THE LEARNED ADDL. CIVIL JUDGE
AND JMFC, CHINTAMANI.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioner/accused Nos.1 to 4
under section 482 of Cr.P.C for quashing the criminal
proceedings in C.C.No.411/2020 on the file of Addl. Civil Judge
and Judicial Magistrate First Class, Chintamani, pertaining to
Crime No.493/2019 registered by Chintamani Rural Police
CRL.P No. 1338 of 2023
station for the offence punishable under Sections 498A, 323,
324, 504, 506 read with 34 of IPC and Sections 3 and 4 of
Dowry Prohibition Act.
2. During the pendency of this petition, both petitioner
No.1 and respondent No.2 appeared before the Court along
with their counsel and filed joint compromise application in
I.A.No.1/2023 under section 320 read with 482 of Cr.P.C and
are seeking permission of this court to compound the offence.
3. Both petitioner No.1/husbandand respondent No.2/wife
appeared and submits the dispute between them is settled and
the petitioner No.1 has handed over Rs.3.5 lakhs to the
respondent No.2 towards full and final settlement as alimony.
It is submitted that though it is mentioned as Rs.3 lakhs in para
8 of the affidavit, but the DD given to the respondent No.2 is of
Rs.3.5 lakhs and the same is received by respondent No.2 in
presence of her advocate in the court.
4. In view of joint compromise between the parties and
in view of the judgment of Hon'ble Supreme Court in the case
of Gian Singh vs. State of Punjab and Another reported in
CRL.P No. 1338 of 2023
2012 CRI.L.J.4934, the criminal proceedings required to be
quashed. Hence, I.A.No.1/2023 is allowed and the parties are
permitted to compound the offence.
Accordingly, this petition is allowed.
The proceedings against the petitioners in proceedings in
C.C.No.411/2020 on the file of Addl. Civil Judge and Judicial
Magistrate First Class, Chintamani, pertaining to Crime
No.493/2019 registered by Chintamani Rural Police station, is
hereby quashed.
Sd/-
JUDGE
AKV
