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Smt. Shakeela Banu vs State By
2023 Latest Caselaw 355 Kant

Citation : 2023 Latest Caselaw 355 Kant
Judgement Date : 5 January, 2023

Karnataka High Court
Smt. Shakeela Banu vs State By on 5 January, 2023
Bench: K.Natarajan
                          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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