Karnataka High Court
Sri. Khuram Pasha vs State Of Karnataka By on 14 March, 2023
Bench: K.Natarajan
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CRL.P No. 4329 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 14TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 4329 OF 2022
BETWEEN:
1. SRI. KHURAM PASHA
S/O KALEEM ULLA,
AGED ABOUT 37 YEARS,
PRESENTLY R/AT NO.66/1B,
6TH CROSS,
BALAJINAGAR, S.G. PALYA
BENGALURU - 560 029.
2. SRI. KALEEM ULLA
S/O LATE ZAHEERUDDIN
AGED ABOUT 72 YEARS,
3. SMT.NASEEM ARA JAHAN
W/O KALEEM ULLA,
AGED ABOUT 63 YEARS,
4. SRI. NASEERUDDIN
Digitally signed by
S/O KALEEM ULLA,
SHOBHA C AGED ABOUT 31 YEARS,
Location: High Court
of Karnataka
5. SMT.UMME SALMA
W/O SYED SAMEER AHMED,
AGED ABOUT 35 YEARS,
ALL ARE R/AT NO.103, NASEEM MANZIL,
KESARE III STAGE,
R.S. NAIDU NAGAR,
MYSORE CITY - 570 007.
PRESENTLY R/AT NO.341,
VIJAYANAGAR,
IV TH STAGE, 1ST PHASE,
MYSURU - 570 011.
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CRL.P No. 4329 of 2022
6. SRI.SYED SAMEER AHMED
S/O SYED NAZEER AHMED,
AGED 42 YEARS,
NO.341, VIJAYANAGAR,
IVTH STAGE, 1ST PHASE
MYSURU - 570 011.
PERMANENT OF SHRUSHWETHA, II STAGE,
KEERTHI NAGAR,
SHIVAMOGGA - 577 202.
...PETITIONERS
(BY SRI. GOPAL, ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
WOMEN'S POLICE STATION,
DEVARAJA SUB DIVISION,
MYSORE CITY,
REPRESENTED BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA
BENGALRU - 560 001.
2. SMT. JAVERIYA KHANUM
W/O KHURAM PASHA,
AGED ABOUT 31 YEARS,
R/O NO. MIG 29,
BADAMAKAN LAYOUT,
N.R. MAOHALLA,
MYSORE CITY - 570 007.
...RESPONDENTS
(BY SRI. MAHESH SHETTY, HCGP FOR R1
SRI. NAGENDRA T., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C PRAYING TO QUASH THE FIR AND COMPLAINT IN
CR.NO.78/2015 REGISTERED BY THE RESPONDENT NO.1 POLICE ON
03.08.2015 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A
R/W 34 OF IPC AND SEC.3 OF D.P ACT AT ANNEXURE-A AND
CHARGE SHEET FILED BY THE RESPONDENT NO.1 POLICE ON
02.08.2016 PRODUCED AT ANNEXURE-B AND CONSEQUENTLY THE
ENTIRE PROCEEDINGS U/S 498A,506 R/W 34 OF IPC AND SEC.3,4
OF D.P. ACT PENDING ON THE FILE OF THE LEARNED IV ADDL. CIVIL
JUDGE (Sr. Dn) AND JMFC, MYSORE AT ANNEXURE-C.
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CRL.P No. 4329 of 2022
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
This petition is filed by the petitioners/accused Nos.1 to 6
under Section 482 of Cr.P.C. for quashing the criminal
proceedings in C.C.No.7290/2016 for the offence punishable
under Sections 498A, 506 read with Section 34 of IPC and
Section 3 and 4 of Dowry Prohibition Act pending on the file of
IV Additional Civil Judge and JMFC, Mysore.
2. During the pendency of the petition, both
petitioners and respondent No.2 appeared before the Court
along with their counsels and filed compromise petition for
compounding the offences. The learned counsel for the parties
submits, that the parties have already settled their issues
before the IV Additional Civil Judge and JMFC, Mysore and
divorce has been granted. The petitioner, has agreed to pay
Rs.22 lakhs to respondent No.2, towards permanent alimony,
out of which the petitioner is paying the remaining Rs.7 lakhs
through DD to respondent No.2 before the court. The
respondent No.2 acknowledges the receipt of Rs.7 lakhs
through vide DD No.000975.
CRL.P No. 4329 of 2022
3. Submission of both the parties are placed on
record.
4. In view of joint compromise between the parties
and in view of the judgment of Hon'ble Supreme Court in the
case of Gian Singh vs. State of Punjab and Another
reported in 2012 CRI.L.J.4934, the criminal proceedings
required to be quashed.
Accordingly, the criminal petition is allowed.
Consequently, the criminal proceedings against the
petitioners/accused Nos.1 to 6 in C.C.No.7290/2016 related to
the Crime No.78/2015 registered by Devaraja Sub Division,
Mysore city, on the file of IV Additional Civil Judge and JMFC,
Mysore, is hereby quashed.
Sd/-
JUDGE
AKV
