Asif Khan vs State Of Karnataka
2023 Latest Caselaw 749 Kant

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                                       CRL.P No. 11594 of 2022




     IN THE HIGH COURT OF KARNATAKA AT BENGALURU

       DATED THIS THE 11TH DAY OF JANUARY, 2023

                          BEFORE
          THE HON'BLE MR JUSTICE K.NATARAJAN
          CRIMINAL PETITION NO. 11594 OF 2022
BETWEEN:

1.    ASIF KHAN
      S/O. LATE BASHEER KHAN,
      AGED ABOUT 35 YEARS,
      R/AT NO. 95, 4TH MAIN,
      NEAR KADIRENAHALLI,
      MINHAJ NAGAR,
      BANGALORE-560 078.

2.    SMT. FAMIDA B.I.
      W/O. LATE BASHEER KHAN,
      AGED ABOUT 59 YEARS,
      R/AT NO.7, 7TH MAIN,
      COLLEGE SLUM, YARAB NAGAR,
      BSK 2ND STAGE,
      BANGALORE-560 070.

3.    ARIF KHAN
      S/O. LATE BASHEER KHAN,
      AGED ABOUT 28 YEARS,
      NO. 95, 4TH MAIN, MINAJ NAGAR,
      KADIRENAHALLI,
      BANGALORE-560 070.

                                                ...PETITIONERS
(BY SRI. PRATHAP KUMAR, ADVOCATE)

AND:

1.    STATE OF KARNATAKA
      BY BASAVANAGUDI WOMEN POLICE STATION,
      BANGALORE,
      REP. BY ITS STATE PUBLIC PROSECUTOR,
      HIGH COURT BUILDING,
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                                     CRL.P No. 11594 of 2022




     BANGALORE-560 001.

2.   B. B. AYESHA
     W/O. ASIF KHAN,
     AGED ABOUT 22 YEARS,
     R/AT NO. 17/4, FAYAJA BAD,
     J.P.NAGAR, 7TH PHASE,
     BANGALORE CITY-560 078.
                                             ...RESPONDENTS
(BY SRI.ROHITH B.J., HCGP FOR R1;
     SRI. A.V.RAGAVENDRA, ADVOCATE FOR R2)

      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS INITIATED
AGAINST THE PETITIONER IN C.C.NO.10752/2022 FOR THE
OFFENCE P/U/S.498-A OF IPC AND SEC.4 OF DP ACT ON THE
FILE OF 37tH ADDITIONAL CMM., BENGALURU.

      THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:


                           ORDER

Learned HCGP take notice for respondent No.1-State.

2. Sri. A.V.Ragavendra, learned counsel files vakalath

for respondent No.2.

3. This petition is filed by the petitioners-accused

Nos.1 to 3 filed under Section 482 of Cr.P.C. for quashing the

proceedings in C.C.No.10752/2022 pending on the file of 37th

Addl. CMM, Bangalore registered for the offence punishable

CRL.P No. 11594 of 2022

under Section 498-A of Indian Penal Code (for short IPC) and

Section 4 of the Dowry Prohibition Act.

4. During the pendency of the petition, both the

petitioners and respondent No.2 appeared through their

respective counsel before the Court and they have filed

I.A.No.1/2023 i.e., joint compromise application under Section

320 read with Section 482 of Cr.P.C. seeking permission of this

Court to compound the offence. Both the parties have

submitted that the matter has been settled.

5. Submission of both the parties and joint

compromise application is taken on record.

6. Considering the facts and circumstances, in the

judgment passed by the Hon'ble Supreme Court in the case of

Gian Singh Vs State Of Punjab & Another reported in 2012

Cri.L.J. 4934, where the parties have settled the issue and the

Court can quash the criminal proceedings. Accordingly,

I.A.No.1/2023 i.e., joint compromise application is allowed

and the parties are permitted to compound the offence.

7. Consequently, the criminal proceedings against the

petitioners-accused Nos.1 to 3 in C.C.No.10752/2022 on the

CRL.P No. 11594 of 2022

file of 37th Addl. CMM, Bangalore registered for the offence

punishable under Sections 498-A of IPC and Section 4 of the

Dowry Prohibition Act is hereby quashed.

Accordingly, the criminal petition is allowed.

Sd/-

JUDGE

SMC