Citation : 2023 Latest Caselaw 355 Kant
Judgement Date : 5 January, 2023
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 05th DAY OF JANUARY 2023
BEFORE
THE HON'BLE MR. JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.4657 OF 2022
BETWEEN:
1. SMT. SHAKEELA BANU
C/O LATE SRI.S.A.GULAB
AGED ABOUT 54 YEARS
R/A NO.259, EWS,
K.H.B. COLONY, UDAYAGIRI,
MYSURU CITY-570 019.
2. SMT. AMREEN BANU
W/O SRI. SYED MUFEEZ AHMED
AGED ABOUT 36 YEARS
R/A NO.255, 3RD STAGE,
7TH CROSS, R.S.NAIDUNAGAR
MYSURU CITY-570 019.
...PETITIONERS
(BY SRI. AYESHA UNNISA, ADVOCATE)
AND
1. STATE BY KARNATAKA
OF MAHILA POLICE MYSURU
MYSURU CITY,
REP. BY STATE PUBLIC PROSECUTOR
HIGH COURT BUILDING,
HIGH COURT OF KARNATAKA
BENGALURU CITY
2. SMT. HUZRA KAUSER
W/O MOHAMMED SHOAIB Ur REHMAN
D/O ZAMEER PASHA
AGED ABOUT 33 YEARS
R/A NO.767, 2ND CROSS
2
UDAYAGIRI,
MYSURU CITY-570 019.
... RESPONDENTS
(BY SRI. R.D. RENUKARADHYA, HCGP FOR R-1)
SRI. SYED ZEESHAN ADVOCATE FOR R-2)
THIS CRL.P FILED U/S 482 OF CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE
RESPONDENT NO.1 IN CC NO.5709/2016, PENDING ON
THE FILE OF FIFTH ADDITIONAL CIVIL JUDGE (SR.DN)
AND JMFC COURT AT MYSURU, FOR THE OFFENCES
PUNISHABLE, U/S 498A, 506, 34 AND 3 OF DOWRY
PROHIBITION ACT.
THIS CRIMINAL PETITION COMING ON FOR
ADMISSION ON THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
This petition is filed by the petitioner/accused No.2
and 3 under Section 482 of Cr.P.C for quashing the
proceedings in C.C No.5709/2016 pending on the file of V
Addl. Senior Civil Judge and JMFC, Mysore registered for
the offences punishable under Sections 498A, 506, 34 of
IPC and Section 3 of Dowry Prohibition Act.
2. During the pendency of the petition the learned
counsel for petitioners has filed a joint compromise
application of petitioner and respondent No.2.
3. Learned counsel Sri. Syed Zeeshan appearing for
respondent No.2.
4. Learned counsel for the parties submits that
accused No.1 has already died. The petitioners are the
in-laws of respondent No.2 and have filed this application
for compromise. In view of the judgment passed by the
Hon'ble Supreme Court in the case of Gian Singh v/s
State of Punjab the parties have settled the issue, the
Court can quash the criminal proceedings. Accordingly,
Joint application is allowed.
5. Consequently, the criminal proceedings against
the petitioner/accused Nos.2 and 3 in C.C No.5709/2016
on the file of V Addl. Senior Civil Judge, Mysore, registered
for the offences punishable under Section 498(A), 506, 34
of IPC and Section 3 of Dowry Prohibition Act is hereby
quashed.
Accordingly, criminal petition is disposed of.
Sd/-
JUDGE VS/-
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