Karnataka High Court
Mohammad Faisal Shaikh vs State Of Karnataka By on 18 April, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:15249
CRL.P No. 6500 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 6500 OF 2022
BETWEEN:
MOHAMMAD FAISAL SHAIKH
S/O ABDUL MUNAF SHAIK,
AGED ABOUT 34 YEARS,
OCC: SOFTWARE ENGINEER,
R/AT NO.78, 3RD MAIN,
ANAM LAYOUT, THANNISANDRA,
BANGALORE - 560 077.
...PETITIONER
(BY SRI. DINESHKUMAR RAO K., ADVOCATE)
AND:
1. STATE OF KARNATAKA BY
J.C.NAGAR POLICE STATION,
BANGALORE,
(REPRESENTED BY THE STATE PUBLIC PROSECUTOR,
Digitally signed by HIGH COURT OF KARNATAKA,
VEDAVATHI A K
Location: High BANGALORE - 560 001.)
Court of Karnataka
2. HUDA GULAM HUSSAIN
W/O MOHAMMAD FAISAL SHAIKH,
AGED ABOUT 26 YEARS,
OCC: HOUSE WIFE,
R/O NO.5, C/O MOHAMMAD FAISAL,
A. T. STREET, J. C. NAGAR,
BANGALORE - 560 005.
...RESPONDENTS
(BY SMT. RASHMI PATEL, HCGP FOR R1;
SRI. SREEJA. N., ADVOCATE FOR R2)
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NC: 2024:KHC:15249
CRL.P No. 6500 of 2022
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C. PRAYING TO QUASH THE COMPLAINT AND FIR
REGISTERED AGAINST THE PETITIONER IN CR.NO.46/2019 OF
J.C NAGAR P.S., BENGALURU (REGISTERED FOR THE OFFENCE
P/U/S 498A, 506 R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT)
PENDING ON THE FILE OF VIII A.C.M.M COURT BENGALURU IN
PCR.NO.4635/2019.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
ORDER
This criminal petition is filed by the petitioner under
Section 482 of Cr.P.C for quashing the criminal proceeding
against the petitioner in Crime No.46/2019 registered by
J.C.Nagar Police Station, Bangalore arising out of PCR
No.4635/2019 pending on the file of VIII ACMM Court,
Bangalore for the offences punishable under Sections 498A,
506 read with Section 34 of Indian Penal Code (for short 'IPC'
Act). and Sections 3 and 4 of Dowry Prohibition Act (for short
'DP' Act).
2. Heard Sri.Dinesh Kumar Rao.K, learned counsel for
the petitioner, Sri.Sreeja.N, learned counsel for the respondent
No.2 and Smt. Rashmi Patel, learned High Court Government
Pleader for respondent No.1.
NC: 2024:KHC:15249
3. During the pendency of the petition, both parties
have appeared through their respective counsel and filed joint
compromise application seeking permission of the Court to
compound the offence in this regard.
4. As per the compromise application, the petitioner
undertakes to pay Rs. 15,00,000/- to respondent No.2 as full
and final settlement. The petitioner has already paid
Rs.5,00,000/- to respondent No.2, now he will pay the second
installment of Rs.5,00,000/- through the demand draft drawn
on Axis Bank in favour of respondent No.2, the remaining of
Rs.5,00,000/- payable on 24.04.2024 before Mediation Centre.
5. Submission of both the parties and joint
compromise applications are taken on record.
6. Considering the facts and circumstances of the case
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 application is
NC: 2024:KHC:15249
allowed and the parties are permitted to compound the
offence.
Accordingly, the criminal petition is allowed.
Consequently, criminal proceedings against the petitioner
in Crime No.46/2019 registered by J.C.Nagar Police Station,
Bangalore, arising out of PCR No.4635/2019 pending on the file
of VIII ACMM Court, Bangalore for the offences punishable
under Sections 498A, 506 read with Section 34 of IPC and
Sections 3 and 4 DP Act is hereby quashed.
Sd/-
JUDGE
SMC
CT:SK
