Karnataka High Court
Mr Mohammed Saquib Ali vs State Of Karnataka on 27 March, 2023
Bench: K.Natarajan
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CRL.P No. 273 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 27TH DAY OF MARCH, 2023
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 273 OF 2022
BETWEEN:
1. MR MOHAMMED SAQUIB ALI
S/O MOHAMMED MUMTAZ ALI
AGED ABOUT 40 YEARS
2. MR. MOHAMMED FAISAL ALI @ FAISAL ALI
S/O MOHAMMED MUMTAZ ALI
AGED ABOUT 46 YEARS
3. MRS. MUSARRATH ALI @ MUSRATH
W/O MOHAMMED FAISAL ALI
AGED ABOUT 40 YEARS
4. MRS. SHEEMA BEGUM
W/O RIZWANULLA SHARIFF
AGED ABOUT 43 YEARS
5. RIZWANULLA SHARIFF @ RIZWAL
Digitally signed by
SHOBHA C S/O YASEENULLA SHARIFF
Location: High
Court of Karnataka
AGED ABOUT 50 YEARS
ALL ARE R/AT NO. 6-4,
NO.1 PREMNIVAS
SNS APPT
UNION STREET
INFANTRY ROAD CROSS
BENGALURU CITY
KARNATAKA 560001
PETITIONERS NO. 2 TO 5 ARE
PRESENTLY R/AT NO.8
RAYAPPA ROAD
-2-
CRL.P No. 273 of 2022
FRAZER TOWN
BENGALURU 560005
...PETITIONERS
(BY SRI. AJIT P.B.,ADVOCATE)
AND:
1. STATE OF KARNATAKA
REPRESENTE BY
INSPECTOR OF POLICE
WOMEN POLICE STATION
EAST RANGE
PULAKESHI NAGAR
SUB DIV,
BANGALORE 560 062
REPRESENTED BY SPP
HIGH COURT OF KARNATAKA
BANGALORE 560 001
2. MRS. SAMEENA @ RUHI
D/O MR. SHANAWAZ KHAN
AGED ABOUT 38 YEARS
PRESENTLY
R/AT NO. 10-10/4
2ND FLOOR
RAMALINGESHWARA TEMPLE STREET
ROBERTSON ROAD CROSS
FRAZER TOWN
BANGALORE 560005
...RESPONDENTS
(BY SRI. B.J ROHITH, HCGP FOR R1, ADVOCATE
SRI. SYED SALMAN, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C PRAYING TO A. QUASH THE CHARGE SHEET IN
C.C.NO.4437/2019 ON THE FILE OF THE LEARNED VI ACMM,
BANGALORE FOR THE OFFENCE P/U/S 498A,34 OF IPC. AND
ETC.
THIS PETITION, COMING ON FOR REPORTING
SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 273 of 2022
ORDER
This petition is filed by the petitioner/accused Nos.1, 3
and 4 under Section 482 of Cr.P.C. for quashing the criminal
proceedings C.C.No.4437/2019 related to in Crime No.39/2018
registered by East Zone women police, Bengaluru and charge
sheeted for the offence punishable under Sections 498A read
with 34 of IPC, pending on the file of the VI ACMM, Bangalore
2. During the pendency of the petition, both petitioner
and respondent No.2 appeared before the Court along with
their counsels and filed joint compromise application on
I.A.No.1/2023 under Section 320 read with Section 482 Cr.P.C
seeking permission of the court to compound the offence
3. It is submitted that the divorce has been granted by
the Family Court in O.S.No.269/2018 where they have
compromised the case and obtained decree. As per the
settlement between the parties, the petitioner No.1 is liable to
pay permanent alimony of Rs.48 lakhs out of which Rs.28 lakhs
is already paid and today the learned counsel for petitioner is
handing over DD of Rs.20 lakhs and the same is received and
acknowledged by the respondent No.2.
CRL.P No. 273 of 2022
4. Submission of both the parties are placed on
record.
5. 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. Hence, I.A.No.1/2023 is allowed.
Accordingly, the criminal petition is allowed.
Consequently, the criminal proceedings registered against
the petitioner in C.C.No.4437/2019 related to Crime
No.39/2018 registered by East Zone women Police, Bengaluru
and charge sheeted for the offence punishable under Sections
498A read with 34 of IPC, pending on the file of the VI ACMM,
Bangalore, is hereby quashed.
Sd/-
JUDGE
