Karnataka High Court

Mohammad Khadeer B vs The State Of Karnataka on 25 April, 2024

Author: S Vishwajith Shetty

Bench: S Vishwajith Shetty

                                           -1-
                                                    NC: 2024:KHC:16766
                                                  CRL.P No.13686 of 2023




                   IN THE HIGH COURT OF KARNATAKA AT BENGALURU
                          DATED THIS THE 25TH DAY OF APRIL, 2024
                                         BEFORE
                    THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
                           CRIMINAL PETITION NO.13686 OF 2023


                   BETWEEN:

                   MOHAMMAD KHADEER .B
                   S/O BAB JAN SAB
                   AGE 37 YEARS
                   OCC: GOVT OFFICIAL NON GAZETTED
                   R/O DHARWAD
Digitally signed   DIST DHARWAD - 580011
by RUPA V          AND R/OF C3/03, STAFF QUARTER
Location: HIGH     HIGH COURT BELUR
COURT OF           DHARWAD-580011.
KARNATAKA
                                                           ...PETITIONER
                   (BY SRI. PRAVEEN KUMAR G, ADV.,)


                   AND:

                   1.   THE STATE OF KARNATAKA
                        BY DAVANGERE WOMEN POLICE STATION
                        DIST: DAVANGERE-577001
                        REP. BY STATE PUBLIC PROSECUTOR
                        HIGH COURT OF KARNATAKA
                        BENGALURU-01.

                   2.   IRSHAD BANU
                        AGE 25 YEARS
                        OCC HOUSEWIFE
                        R/O NO.153, 16TH CROSS
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                                       NC: 2024:KHC:16766
                                     CRL.P No.13686 of 2023




    BASHA NAGARA
    TQ DIST DAVANAGERE - 577001.
                                             ...RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1
    SRI. P.M. GOPI, ADV., FOR R2)
                          ---

     THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO
QUASH THE COMPLAINT AND FIR IN CR.NO.167/2023
REGISTERED BY DAVANAGERE WOMEN P.S., FOR THE
OFFENCE P/U/S 66, 67 OF I.T ACT 2008 AND SEC.4 OF
THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON
MARRIAGE) ACT REGISTERED BEFORE THE 2ND ADDL.
CIVIL JUDGE (SR.DN) AND J.M.F.C DAVANAGERE.

     THIS PETITION, COMING ON FOR FINAL HEARING,
THIS DAY, THE COURT MADE THE FOLLOWING:

                         ORDER

Accused is before this Court under Section 482 of the

Criminal Procedure Code, 1973 with a prayer to quash the

entire proceedings in Crime No.167/2023 registered by

Davanagere Women police station for the offences

punishable under Sections 66 and 67 of Information

Technology Act (Amendment) 2008 and Section 4 of the

Muslim Women (Protection of Rights on Marriage) Act,

2019 pending before the Court of II Addl. Civil Judge (Sr.

Dn.) and JMFC, Davanagere.

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2. Heard the learned counsel for the parties.

3. Learned counsel for the petitioner and learned

counsel for the respondent No.2 jointly submit that the

dispute between the parties who are husband and wife has

been settled and they have decided to live together. They

submit that the parties intend to give a quietus to all their

pending disputes and they have filed a petition under

Section 320(2) read with Section 482 of Cr.P.C. before this

Court wherein they have prayed to quash the impugned

proceedings. The petition filed by the parties under

Section 320(2) read with Section 482 of Cr.P.C. is taken

on record.

4. In paragraphs 2 to 5 of the petition filed under

Section 320(2) read with Section 482 of Cr.P.C., parties

have stated as follows:

"2. The Petitioner and Respondent No.2 are husband and wife and their marriage was performed on 31.07.2016 at H.K.G.N. ShadiMahal,

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Davanagere. After the marriage of 8-9 months the Petitioner starting asking the dowry. Then the Petitioner send the Respondent to his parental home for delivery after that one baby girl born. Then the Respondent and Respondent parents ask so much to Petitioner to bring the Respondent and the baby with him but Petitioner didn't bring with him. Then in the maintenance case the Petitioner says with Respondent to will bring the Respondent with Petitioner to say like this and the Respondent will withdraw the case and then after the case will withdraw by the Respondent. The Petitioner refuse to take the Respondent with him. On 08.11.2023 the Petitioner send a intimation letter to the Respondent through post to appear before the religious center to resolve the dispute between them but the letter will reach to the Respondent on 1.12.2023 in a letter the Petitioner inform to the Respondent to appear on 12.12.2023 at between 10:00 AM to 12:00 PM before the Darul Khaja Committee. But on said date the Respondent not appear before said committee. At 1.06 PM the Petitioner contact through phone call and ask to the Respondent, on what time you will be appear before this committee but the Respondent said that am not interested to appear there to resolve the dispute. Then the Petitioner has no way to resolve the dispute and restart the marital life so the Petitioner

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at 1:16 PM pronounce a single Talak before 3 witnesses, then the Petitioner informed to the Respondent about the pronouncement of single Talaq by phone call before 3 witnesses. On that day the Iddat period will start but during the pendency of the Iddat period the Respondent know her mistake and scare about the lost her wife rights in her husband home, so she came to the mediation with her father i.e., Abdul Rehaman but unfortunately the mediation will failure because of her father's interference. Then on 30.03.2024 once again after the completion of the iddat period the respondent came with her counsel in domestic violence case and request with the Petitioner to restart the new marital life once again and settlement the all dispute between us once for all in all cases the present petitioner also agreed for that. Then the Respondent and Petitioner also agreed for that then the Respondent and the Petitioner are all take back the Complaint which ever they earlier lodge against them and their family members. The Petitioner inform to the Respondent about the present situation of the marital life and Talaq. The Petitioner approached to the religious committee to discuss about the Talaq before the compromise they ask before religious committee according to muslim personal law. If this Talaq will legal under muslim personal law and my Talaq was valid or not under

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sharia law and muslim personal law. Then the Darul Khaja Committe on 13.03.2024 they give a letter to the Petitioner that the Talaq was valid because the iddat period was completed on 12.03.2024 so this talaq will become valid under muslim personal law. The Petitioner approached to the Respondent they told about the letter given by the committee for his request regarding the Talaq valid letter. The Petitioner inform each and every situation to the Respondent and her family and they also agreed for the same.

3. That as per compromise and settlement before Hon'ble trial Court in D.V. Case, the petitioner is ready to bring the respondent with him.

4. Further the complainant submitted that I and my family members are themselves they approached to Darul Khaja Committee and we give a letter and we clear about letter within 30 days of this judgment. Whichever they given regarding talaq, regarding the clarification the petitioner didn't interference for my clarification letter before Darul Khaja Committee.

5. Further the Complainant/Respondent No.2 submits that before Hon'ble court that this compromise petition was prepared as per the instruction of me and my husband. The Respondent No.2 submits that I have no object to quash the

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Complaint and FIR so now I will-fully come far-word to made this compromise. Further, later discuss with all I know the small dispute will spoil my marital life now I realize my mistake and ready to rejoin the marital life once again with my husband to restart the marital life because of my egoistic nature I didn't understand the intention of the Petitioner I registered a complaint against Accused but there is no enmity or grudge against the said Accused/Petitioner no.1. Now to maintain the peace and balance in the society and to be continued good cordial relationship the Petitioner and the Respondent so to settle the dispute once for all, hence the Petitioner and Respondent jointly submits the present compromise petition."

5. The Hon'ble Supreme Court in 'RAMGOPAL

AND ANR. Vs. STATE OF MADHYA PRADESH' (2022)

14 SCC 531 has observed that notwithstanding the

limitations provided under Section 320 of Cr.P.C., the High

Court can exercise its inherent powers under Section 482

of Cr.P.C. and quash criminal proceedings registered for

non-compoundable offences considering the nature of

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allegations, gravity of offence and the nature of settlement

arrived at between the parties.

6. In the present case, the allegations made against

the petitioners are purely private in nature and the parties