Karnataka High Court
Sri. Syed Noor Ahmed vs The State Of Karnataka on 19 January, 2023
Bench: K.Natarajan
-1-
CRL.P No. 495 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF JANUARY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 495 OF 2023
BETWEEN:
1. SRI. SYED NOOR AHMED
AGED ABOUT 75 YEARS
W/O SYED PYAREJAN
2. SRI. SYED NOOR FAZAL
AGED ABOUT 35 YEARS
S/O SYED NOOR AHMED
BOTH ARE R/AT NO.201
B BLOCK, ARVIND SPORCIA APARTMENTS
RACHENHALLI
BANGALORE - 560 045
...PETITIONERS
(BY SRI. OMAR SHARIFF., ADVOCATE)
AND:
Digitally signed
by SHOBHA C 1. THE STATE OF KARNATAKA
Location: High
THE EAST ZONE WOMEN POLICE STATION
Court of
Karnataka SHIVAJINAGAR
BANGALORE - 560 051
2. ROSHAN MUBEEN
D/O R.S. MOHAMED BEIG
AGED ABOUT 26 YEARS
-2-
CRL.P No. 495 of 2023
R/AT NO.207 LAA
HERITAGE APARTMENTS
ROOPENA AGRAHARA
BENGALURU - 560 068
...RESPONDENTS
(BY SRI. R.D. RENUKARADHYA, HCGP FOR R1
SRI. AFZAL KHAN, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE CRIMINAL PROCEEDINGS
AS AGAINST THE PETITIONER IN CR.NO.6/2021 OF EAST ZONE
WOMEN P.S., BENGALURU CITY IN C.C.NO.25064/2021 ON THE
FILE OF THE VI A.C.M.M. BENGALURU FOR THE OFFENCES
PUNISHABLE UNDER SECTIONS 498(A), 504, 323, 354(A) OF
IPC AND SECTIONS 3, 4 OF THE D.P ACT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
Learned High Court Government Pleader accepts notice for
respondent No.1-State.
2. Sri Afzal Khan, learned counsel filed vakalath on
behalf of respondent No.2.
3. This petition is filed by the petitioners-accused
Nos.1 and 2 under Section 482 of Cr.P.C. for quashing the
criminal proceedings in C.C.No.25064/2021 pending on the file
of VI ACMM, Bengaluru in Crime No.6/2021 registered by the
CRL.P No. 495 of 2023
East Zone Police Station, Bengaluru for the offences punishable
under Sections 498A, 504, 323, 354(A) of IPC and Sections 3
and 4 of the D.P. Act.
4. During the pendency of the petition, both
petitioners and respondent No.2 appeared before the Court
along with their counsels and filed joint compromise application
on I.A.No.2/2023 under Section 320(2) read with Section 482
of Cr.P.C. for compounding the offences.
5. Learned counsel for both the parties submits that
the matter has been settled between the parties and in view of
settlement, the petitioner is required to pay Rs.12,00,000/- to
respondent No.2 before the Family Court, Bengaluru.
Submission of the petitioners and respondent No.2 are placed
on record.
7. It is also submitted by the learned counsel that the
settlement was arrived before the Mediation Centre.
Submission is placed on record.
8. In view of the judgment of the Hon'ble Supreme
Court in the case of Gian Singh vs. State of Punjab and
CRL.P No. 495 of 2023
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.
Accordingly, I.A.No.2/2023 is allowed.
Consequently, criminal petition is allowed.
The criminal proceedings against the petitioners-accused
Nos.1 and 2 in C.C.No.25064/2021 pending on the file of VI
ACMM, Bengaluru is hereby quashed.
Sd/-
JUDGE
GBB
