Karnataka High Court
Shaik Mohammed Yaseen vs The State Of Karnataka on 19 April, 2024
Author: K.Natarajan
Bench: K.Natarajan
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NC: 2024:KHC:15694
CRL.P No. 2755 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF APRIL, 2024
BEFORE
THE HON'BLE MR JUSTICE K.NATARAJAN
CRIMINAL PETITION NO. 2755 OF 2022
BETWEEN:
SHAIK MOHAMMED YASEEN,
S/O LATE ABDUL REHMAN,
AGED ABOUT 36 YEARS,
R/AT FLAT NO.104, FREENIX BLISS APARTMENTS,
38TH CROSS, 19TH MAIN, 5TH BLOCK,
PRAKRUTHI LAYOUT, H.B.R. LAYOUT, NAGAWARA,
BENGALURU - 560 043.
...PETITIONER
(BY SRI. SALMANI PRAKASH., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY WOMEN POLICE, EAST ZONE,
BENGALURU, REP. BY S.P.P.,
HIGH COURT BUILDING, BENGALURU - 560 001.
Digitally 2. SMT. TAHSEEN NAAZ,
signed by V W/O SHAIK MOHAMMED YASEEN,
KRISHNA AGED ABOUT 32 YEARS,
Location: High NO.A-3, SHANTINIKETAN APARTMENT,
Court of OFFICERS MODEL COLONY,
Karnataka
S.M. ROAD, T.DASARAHALLI,
BENGALURU - 560 057.
...RESPONDENTS
(BY SMT.ANITHA GIRISH, HCGP FOR R1;
DR.M.SUNIL SHASTRY, ADVOCATE FOR R2)
THIS CRL.P. IS FILED U/S.482 OF CR.P.C., PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.21872/2019 PENDING
ON THE FILE OF THE VI ACMM, BANGALORE FOR THE ALLEGED
OFFENCE P/U/S 498A, 506 OF IPC AND SEC.3, 4 OF D.P ACT.
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NC: 2024:KHC:15694
CRL.P No. 2755 of 2022
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
ORDER
Learned counsel Dr. M.Sunil Shastry appears for
respondent No.2.
2. This petition is filed by the petitioner-accused No.1
under Section 482 of Cr.P.C. to quash the proceedings in
C.C.No.21872/2019 pending on the file of VI A.C.M.M.,
Bengaluru, arising out of Cr.No.31/2018 of East Zone Women
Police Station, Bengaluru and charge sheeted for the offences
punishable under Sections 498-A, 506, 377 r/w Section 34 of
IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961,
against the petitioner.
3. Heard the learned counsel for petitioner and learned
HCGP for the respondent-State and learned counsel for
respondent No.2.
4. During the pendency of the petition, Petitioner and
respondent No.2 through their Counsels have filed an
application-I.A.No.1/2024 under Section 320(2) read with
Section 482 of Cr.P.C. along with joint affidavit to compound
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the offence. It is submitted that both Petitioner and respondent
No.2 have already settled the issues and they would settle the
matter before the Family Court.
5. Submissions of the learned counsels for the
petitioner and respondent No.2 are placed on record.
6. In view of the judgment of the Hon'ble Supreme
Court in the case of GIAN SINGH vs STATE OF PUNJAB
reported in (2012) 10 SCC 303, it is held that when the
parties have settled their disputes, the Court can quash the
proceedings pending between the parties. However, by looking
into the evidence on record there is no offence made out for
the offences punishable under Sections 307 of IPC. Therefore,
this Court can pass the order permitting the parties to
compound the offence.
7. In view of the settlement between the parties,
I.A.No.1/2024 is allowed. Consequently, the Criminal Petition is
also allowed and the proceedings in C.C.No.21872/2019
pending on the file of VI A.C.M.M., Bengaluru, arising out of
Cr.No.31/2018 of East Zone Women Police Station, Bengaluru
and charge sheeted for the offences punishable under Sections
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498-A, 506, 377 r/w Section 34 of IPC and Sections 3 and 4 of
the Dowry Prohibition Act, 1961, against the petitioner is
quashed.
Sd/-
JUDGE
SMJ
