Karnataka High Court
Smt. Sazidaa vs State Of Karnataka on 7 March, 2024
Author: S Vishwajith Shetty
Bench: S Vishwajith Shetty
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NC: 2024:KHC:9615
CRL.P No. 11030 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF MARCH, 2024
BEFORE
THE HON'BLE MR JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 11030 OF 2023
BETWEEN:
SMT. SAZIDAA
W/O LATE SRI TABASIR AHMED
AGED ABOUT 44 YEARS
R/AT NO. 37/2, 2ND MAIN
VALMIKI NAGAR, MYSURU ROAD
BENGALURU - 560 018.
...PETITIONER
(BY SRI BINU M, ADV.)
AND:
1. STATE OF KARNATAKA
STATE BY CHAMRAJPET P.S.
REP BY HGCP.
2. SMT. NOOR ZAIBA
W/O IRFAN SHARIEF
Digitally signed
by B A AGED ABOUT 29 YEARS
KRISHNA R/AT NO.5, 2ND MAIN
KUMAR
Location: HIGH 10TH CROSS, VALMUKHINAGAR
COURT OF CHAMRAJPET, BENGALURU - 560 026.
KARNATAKA
...RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP)
THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE
FIR, COMPLAINT AND ENTIRE PROCEEDINGS AGAINST THE
PETITIONER IN CR.NO.121/2015 IN C.C.NO.25681/2019 OF
CHAMRAJPET POLICE STATION, PENDING IN THE FILE OF XXIV
ADDL. CHIEF METROPOLITAN MAGISTRATE, BENGALURU, FOR THE
OFFENCE P/U/S 323, 324, 498A, 307 AND 149 OF THE IPC.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE
COURT MADE THE FOLLOWING:
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NC: 2024:KHC:9615
CRL.P No. 11030 of 2023
ORDER
1. Petitioner is before this Court with a prayer to quash
the entire proceedings in C.C.No.25681/2019 pending
before the Court of XXIV Addl. Chief Metropolitan
Magistrate, Benglauru, arising out of Crime No.121/2015
registered by Chamarajpet Police Station, Benglauru City,
for the offences punishable under Sections 323, 324,
498A, 307 read with Section 149 of IPC.
2. Heard the learned counsel for the parties.
3. FIR in Crime No.121/2015 was registered by
Chamarajpet Police Station, Benglauru City on the
complaint of Noor Zaiba initially for the offences
punishable under Sections 323, 324, 506 read with
Section 34 of IPC against six accused. Petitioner was not
arraigned as an accused in the FIR. Police after
investigation have filed charge sheet for the aforesaid
offences as against 11 persons. Petitioner is arraigned as
accused No.11 in the charge sheet. Since the petitioner
had not appeared before the committal Court, case against
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petitioner was split-up and the case against accused Nos.1
to 10 was committed to the jurisdictional Court of Sessions
Judge and accused Nos.1 to 10 were tried for the alleged
offences in S.C.No.1376/2017. During the pendency of the
case before the jurisdictional Sessions Court, accused No.9
had died. Therefore, the case as against accused No.9 in
S.C.No.1376/2017 stood abated. Accused Nos.1 to 8 and
10, who were tried for the aforesaid offences in
S.C.No.1376/2017 were acquitted by the learned Sessions
Judge by judgment and order of acquittal dated
06.09.2019. Split-up case is registered against petitioner
before the Committal Court in C.C.No.25681/2019.
Challenging the same, the petitioner is before this Court.
4. Learned counsel for the petitioner submits that the
allegations against all the accused are similar. Accused
Nos.1 to 8 and 10, who were tried in a full-fledged trial
before the jurisdictional Sessions Court in
S.C.No.1376/2017 have been acquitted and the judgment
and order of acquittal has attained finality. Therefore, no
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purpose would be served in continuing the criminal case
against the petitioner.
5. Learned HCGP submits that petitioner was
absconding and therefore, a split-up case has been
registered against her. However, she does not dispute that
the judgment and order of acquittal passed in
S.C.No.1376/2017 has attained finality.
6. From a perusal of the entire material on record,
including the deposition of witnesses, who were examined
before the Trial Court, it is seen that the prosecution
witnesses, including the injured witness, had turned
hostile to the case of the prosecution. It is under the said
circumstances, accused Nos.1 to 8 and 10 have been
acquitted by the Trial Court in S.C.No.1376/2017 for the
charge sheeted offences. The judgment and order of
acquittal passed in S.C.No.1376/2017 has attained finality.
Since the allegation against the petitioner as against
whom split-up case is pending is similar, continuation of
the criminal proceedings against her would be a futile
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exercise and waste of court's time. Petitioner is a lady
aged about 44 years and she is said to be the aunt of
accused No.1. Under the circumstances, I am of the
considered view that ends of justice would be secured in
the event entire proceedings in C.C.No.25681/2019 which
is pending before the committal Court is quashed.
Accordingly, the following:-
ORDER
(i) Criminal Petition is allowed.
(ii) The entire proceedings in C.C.No.25681/2019
pending before the Court of XXIV Addl. Chief
Metropolitan Magistrate, Benglauru, arising out
of Crime No.121/2015 registered by
Chamarajpet Police Station, Bengaluru City, for
the offences punishable under Sections 323,
324, 498A, 307 read with Section 149 of IPC is
quashed.
SD/-
JUDGE
DN
