Karnataka High Court
Smt. Farhana Begum vs The State Of Karnataka on 14 July, 2023
Bench: K.Natarajan
-1-
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF JULY, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 4047 OF 2023
C/W
CRIMINAL PETITION NO. 4395 OF 2023
IN CRL.P NO.4047/2023
BETWEEN:
1. SMT. FARHANA BEGUM,
W/O ZIAULLA KHAN,
AGED ABOUT 60 YEARS,
R/AT NO.42, 1ST 'B' CROSS,
RAHAMATH NAGAR,
R.T. NAGAR,
BANGALORE - 560 032.
2. MRS. ARFA-US-ZIA,
Digitally D/O ZIAULLA KHAN,
signed by C
SOWMYA AGED ABOUT 27 YEARS,
Location: R/AT NO.42, 1ST 'B' CROSS,
High Court of
Karnataka RAHAMATH NAGAR,
R.T. NAGAR POST,
BANGALORE - 560 032.
3. MR. AYAZ KHAN,
S/O LATE ABDUL MAZID KHAN,
AGED ABOUT 44 YEARS,
R/AT NO.72, 1ST MINE ROAD,
GANGANAGARA, R.T. NAGAR POST,
BANGALORE - 560 032.
-2-
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
4. MR. ZIAULLA KHAN,
S/O LATE AHMED KHAN,
AGED ABOUT 60 YEARS,
R/AT NO.42, 1ST 'B' CROSS,
RAHAMATH NAGAR,
R.T. NAGAR POST,
BANGALORE - 560 032.
...PETITIONERS
(BY SRI. HOSAMANI SHAKEELAHMAD MEERANSAB, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY J.C NAGAR POLICE,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
AMBEDKAR VEEDI,
BENGALURU - 560 001.
2. MR. ILYAZ AHMED KHAN,
S/O LATE BUDAN KHAN,
AGED ABOUT 45 YEARS,
R/AT: NO.94, RAJAPPA BLOCK,
4TH CROSS, J.C. NAGAR,
BANGALORE - 560 006.
...RESPONDENTS
(BY SRI. VISHWAMURTHY,HCGP FOR R1;
SRI. K. SHRIDHARA, ADVOCATE FOR R2;
(NOTICE NOT ORDER))
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.4524/2016 ON THE FILE OF THE VIII A.C.M.M.,
BANGALORE PRODUCED AT ABOVE AS ANNEXURE-B BY
-3-
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
ALLOWING THE REVISION AND DISCHARGE THE PETITIONERS
FOR THE OFFENCE P/U/S 465, 468, 471, 420 R/W 34 OF IPC
AND SECTION 12(B) OF PASSPORT ACT.
IN CRL.P NO.4395/2023
BETWEEN:
1. ILYAZ AHMED KHAN,
S/O LATE BUDAN KHAN @ VALI AHMED KHAN,
AGED ABOUT 45 YEARS,
2. SAJIDA SULTANA @ RIHANA BEGUM,
S/O LATE BUDAN KHAN @ VALI AHMED KHAN,
AGED ABOUT 68 YEARS,
3. RIYAZ AHMED KHAN,
S/O LATE BUDAN KHAN @ VALI AHMED KHAN,
AGED ABOUT 50 YEARS,
4. ZUBER AHMED KHAN,
S/O LATE BUDAN KHAN @ VALI AHMED KHAN,
AGED ABOUT 43 YEARS,
5. MUBASHIR AHMED KHAN,
S/O LATE BUDAN KHAN @ VALI AHMED KHAN,
AGED ABOUT 39 YEARS,
ALL ARE RESIDING AT
NO.94, RAJAPPA BLOCK,
4TH CROSS, J.C. NAGAR,
BANGALORE - 560 006.
...PETITIONERS
(BY SRI. SHRIDHARA K., ADVOCATE)
-4-
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
AND:
1. STATE BY R.T. NAGAR POLICE,
REPRESENTED BY
STATE PUBLIC PROSECUTOR,
AMBEDKAR VEEDI,
BENGALURU - 560 001.
2. ZIAULLA KHAN,
S/O LATE AHMED KHAN,
AGED ABOUT 60 YEARS,
R/AT: NO.42, 1ST 'B' CROSS,
RAHAMATH NAGAR, R.T. NAGAR,
BANGALORE - 560 032.
...RESPONDENTS
(BY SRI. VISHWAMURTHY., HCGP)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.PC
PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.3338 OF 2016 ON THE FILE OF XXXII ADDL. CHIEF
METROPOLITAN MAGISTRATE, AT BENGALURU FOR THE
OFFENSES P/U/S 498A, 420 R/W 34 OF IPC AND SEC. 3 AND 4
OF D.P. ACT.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
IN CRL.P NO.4047/2023
This criminal petition is filed by the petitioners/accused
No.1 to 4 under Section 482 of Cr.P.C for quashing the criminal
proceedings in CC No.4524/2016 pending on the file of the VIII
A.C.M.M., Bangalore arising out of Crime No.176/2015
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
registered by J.C.Nagar, Police Station and charge sheeted for
the offences punishable under Section 465, 468, 471, 420 read
with Section 34 of Indian Penal Code (for short 'IPC') Section
12(B) of Passport Act (for short 'PP Act').
IN CRL.P NO.4395/2023
2. This criminal petition is filed by the
petitioners/accused Nos.1 to 5 under Section 482 of Cr.P.C. for
quashing the criminal proceedings in CC.No.3338/2016 pending
on the file of XXXII Additional Chief Metropolitan Magistrate,
Bengaluru arising out of Crime No.86/2015 registered by RT
Nagar Police Station and charge sheeted for the offence
punishable under Section 498(A), 420 read with Section 34
Indian Penal Code (for short 'IPC') and Sections 3 & 4 of Dowry
Prohibition Act (for short 'DP Act').
3. During the pendency of these petitions, both parties
have filed joint compromise applications seeking permission of
the Court to compound the offence.
4. The petitioners are the husband and in-laws in
respect of Crime No.86/2015 filed by respondent No.2/father of
the victim, whereas the complaint is filed by the husband
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
against the in-laws in respect of Crime No.176/2015 before the
J.C.Nagar Police Station for various offences including 420 and
other offences.
5. Both cases are case and counter case between the
parties. The parties have filed joint compromise applications
and submitted that they have settled their issues among
themselves and filed joint affidavits in this regard.
6. Submission of both the parties and joint
compromise applications are taken on record.
7. Considering the facts and circumstances of the
cases and in view of 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, wherein
the husband and wife have settled their issues in the
matrimonial disputes and it is held that the Court can quash the
criminal proceedings, accordingly, joint compromise
applications are allowed and the parties are permitted to
compound the offence.
8. Accordingly, the husband's side also filed the
complaint against the wife and others which was also registered
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
as a counter case in different Police Stations. Therefore, once
the parties in the main case are allowed to compound the
offence, the counter case is also required to be settled between
the parties and allowed to compound the same. In view of the
settlement, petitioners/husband and in-laws in Crl.p.4395/2023
have paid Rs.2,50,000/- (Rupees Two Lakhs Fifty Thousand
only) to the grandfather of the child/respondent No.2 towards
maintenance as full and final settlement.
9. The complainant who is the grandfather of the child
received the maintenance amount through Demand Draft has
acknowledged the same. In view of the settlement between
the parties, both petitioners are permitted to compound the
offence. Thus, both interlocutory applications are allowed.
Accordingly, the criminal petitions are allowed.
Consequently, the criminal proceedings against
petitioners/accused No.1 to 4 in CC No.4524/2016 pending on
the file of the VIII A.C.M.M., Bangalore arising out of Crime
No.176/2015 registered by J.C.Nagar, Police Station and charge
sheeted for the offences punishable under Section 465, 468,
471, 420 read with Section 34 of Indian Penal Code and Section
12(B) of Passport Act is herby quashed and the criminal
NC: 2023:KHC:24522
CRL.P No. 4047 of 2023
C/W CRL.P No. 4395 of 2023
proceedings against petitioners/accused Nos.1 to 5 in
CC.No.3338/2016 pending on the file of XXXII Additional Chief
Metropolitan Magistrate, Bengaluru arising out of Crime
No.86/2015 registered by RT Nagar Police Station and charge
sheeted for the offence punishable under Section 498(A), 420
read with Section 34 Indian Penal Code and Sections 3 & 4 of
Dowry Prohibition Act also is herby quashed.
In view of the disposal of the main petitions,
I.A.No.1/2023 in Crl.p.4395/2023 does not survive for
consideration and the same is disposed of.
Sd/-
JUDGE
SMC
CT:SNN
