Karnataka High Court
Mohammed Abdul Kareem And Anr vs The State And Anr on 11 November, 2024
Author: Mohammad Nawaz
Bench: Mohammad Nawaz
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NC: 2024:KHC-K:8337
CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 11TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ
CRIMINAL PETITION NO. 201318 OF 2024
(482(Cr.PC)/528(BNSS)
C/W
CRIMINAL PETITION NO. 200895 OF 2023
CRIMINAL PETITION NO. 200912 OF 2023
CRIMINAL PETITION NO. 201319 OF 2024
CRIMINAL PETITION NO. 201318 OF 2024
BETWEEN:
MOHAMMED SHOAEB
S/O MOHAMMED ABDUL KAREEM
AGE: 35 YEARS, OCC: ENGINEER
Digitally signed
by KHAJAAMEEN R/O: H.NO.5-993-86-42-43, AMAN NAGAR,
L MALAGHAN KALABURAGI - 585104.
Location: HIGH NOW RESIDING AT RIYADH,
COURT OF
KARNATAKA SAUDI ARABIA.
...PETITIONER
(BY SRI. AVINASH A UPLOANKAR, ADVOCATE)
AND:
SAANIYA PARVEEN W/O MOHAMMED SOHEB,
AGE: 24 YEARS, OCC: HOUSEWIFE,
R/O: HAGARAGA ROAD, H.NO.#5-993/86/42/43,
AMAN NAGAR, KALABURAGI,
NOW RESIDEING AT NEAR SIRSE PETROL PUMP,
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NC: 2024:KHC-K:8337
CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
BHALKI,
DIST BIDAR - 585328.
...RESPONDENT
(BY SRI. ARVIND K. JINDE, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.482 OF
CRIMINAL PROCEDURE CODE, PRAYING TO EXERCISE
INHERENT POWERS U/SEC 482 CR.PC. EXAMINE THE RECORDS
AND QUASH THE PROCEEDINGS IN CRL.MISC NO. 1/2023
PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND JMFC AT
BHALKI, AGAINST THE PETITIONER.
CRIMINAL PETITION NO. 200895 OF 2023:
BETWEEN:
1. MOHAMMED SHOAEB
S/O MOHAMMED ABDUL KAREEM
AGE: 35 YEARS, OCC: ENGINEER
R/O: H.NO.5-993-86-42-43, AMAN NAGAR,
KALABURAGI - 585104.
NOW RESIDING AT RIYADH,
SAUDI ARABIA.
2. KAUSAR SULTANA W/O MOHAMMED ABDUL KAREEM
AGE: 55 YEARS, OCC: HOUSEHOLD,
BOTH ARE R/O: H.NO.5-993-86-42-43,
AMAN NAGAR, KALABURAGI - 585104.
...PETITIONERS
(BY SRI. AVINASH A. UPLOANKAR, ADVOCATE)
AND:
1. THE STATE THROUGH
BHALKI TOWN POLICE STATION,
DIST: BIDAR, NOW REPRESENTED BY
ADDL S.P.P HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585107.
2. SAANIYA PARVEEN W/O MOHAMMED SOHEB,
AGE: 24 YEARS, OCC: HOUSEWIFE,
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CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
R/O: HAGARAGA ROAD, H.NO.#5-993/86/42/43,
AMAN NAGAR, KALABURAGI, NOW RESIDING AT
NEAR SIRSE PETROL PUMP, BHALKI,
DIST: BIDAR - 585328.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI. ARVIND K. JINDE, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.482 OF
CRIMINAL PROCEDURE CODE, PRAYING TO EXERCISE
INHERENT POWERS U/SEC 482 CR.PC. EXAMINE THE RECORDS
AND QUASH THE PROCEEDINGS IN C.C.NO.1983/2023 (CRIME
NO.183/2022 OF BHALKI TOWN P.S., DIST: BIDAR), FOR THE
OFFENCES U/SEC.498(A), 504, 506 R/W 34 OF IPC AND 3 AND
4 OF D.P ACT, IS PENDING ON THE FILE OF CIVIL JUDGE AND
J.M.F.C COURT AT BHALKI, AGAINST THE PETITIONERS.
CRIMINAL PETITION NO. 200912 OF 2023:
BETWEEN:
1. MOHAMMED ABDUL KAREEM
S/O MOHAMMED ABDULLAH SAHAB,
AGE: 61 YEARS, OCC: BUSINESS,
R/O. HOUSE NO. 5-993-86-42-43,
AMAN NAGAR,
KALABURAGI - 585104.
2. KAUSAR SULTANA
W/O MOHAMMED ABDUL KAREEM,
AGE: 55 YEARS,
OCC: HOUSEHOLD,
R/O. HOUSE NO. 5-993-86-42-43,
AMAN NAGAR,
KALABURAGI - 585104.
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CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
3. MOHAMMED RIYAN
S/O MOHAMMED ABDUL KAREEM,
AGE. 23 YEARS,
OCCUPATION ENGINEER,
RESIDENCE OF HOUSE NO. 5-993-86-42-43,
AMAN NAGAR,
KALABURAGI - 585104.
4. QULUT NAZEEN @ KHULUD NAZNEEN
W/O AZHARUDDIN PATEL,
AGE. 28 YEARS,
OCCUPATION HOUSEHOLD,
RESIDENCE OF HOUSE NO. 5-470/15/B2,
PATEL MANZIL,
NEAR KCT B.ED., COLLEGE,
ISLAMABAD COLONY,
KALABURAGI - 585104.
5. 5 . MOHAMMED RIYAZUDDIN PATEL
S/O MOHAMMED ALOUDDIN PATEL,
AGE: 60 YEARS,
OCC: CLASS-I CONTRACTOR,
RESIDENCE HOUSE NO. 5-470/15/B2,
PATEL MANZIL,
NEAR KCT B.ED. COLLEGE,
ISLAMBAD COLONY,
KALABURAGI - 585104.
6. MOHAMMED AZHARODDIN PATEL
S/O MOHAMMED RIYAZODDIN PATEL,
AGE: 35 YEARS,
OCC: CLASS-I CONTRACTOR,
R/O. HOUSE NO. 5-470/15/B2,
PATEL MANZIL, NEAR KCT B.ED., COLLEGE,
ISLAMBAD COLONY,
KALABURAGI - 585104.
7. MOHAMMED AIJAZ S/O MOHAMMED IBRAHIM,
AGE: 55 YEARS, OCC: PRIVATE SERVICE,
R/O. HAGARAGA ROAD,
HOUSE NO. 5-993-86-42-43,
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CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
AMAN NAGAR,
KALABURAGI - 585104.
8. MOHAMMED NASIR
S/O MOHAMMED SHAMSHODDIN HAKEEM,
AGE: 42 YEARS, OCC: TMC COUNCILOR,
RESIDENCE OF HUSSENI ALAM,
OPPOSITE ALMEEN SCHOOL,
CHITAGUPPA, TQ: CHITGUPPA,
DIST: BIDAR - 585412.
9. MOHAMMED NIZAMODDIN
S/O MOHAMMED SHAMSHODDIN HAKEEM,
AGE: 40 YEARS, OCC: BUSINESS,
R/O: HUSSENI ALAM, OPPOSITE ALMEEN SCHOOL,
CHITRADURGA, TQ: CHITTAGUPPA,
DIST: BIDAR - 585412.
10. MOHAMMED TAJODDIN S/O MOHAMMED ABDULLAH,
AGE: 65 YEARS, OCC: BUSINESS,
R/O: VILLAGE HUDGI, TQ: HUMNABAD,
DIST: BIDAR - 585330.
11. RAZIYA BEGUM W/O MOHAMMED ANEES,
AGE: 65 YEARS, OCC: HOUSEHOLD,
R/O: JUNIO COLLEGE, NEAR PUBLIC GARDEN,
HUMNABAD, TQ: HUMNABAD,
DIST: BIDAR - 585330.
12. SHABANA BEGUM @ NISHANT FATIMA
W/O MOHAMMED RIYAZ PATEL,
AGE: 36 YEARS, OCC: HOUSEHOLD,
R/O: HAGARAGA ROAD, H.NO.5-993-86-42-43,
AMAN NAGAR, KALABURAGI - 585104.
13. BILQIS BEGUM W/O MOHAMMED AIJAZ,
AGE: 45 YEARS, OCC: HOUSEHOLD,
R/O: PLOT NO.55 SVP, GDA LAYOUT,
KALABURAGI - 585104.
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CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
14. MOHAMMED MUSTAFA
S/O MOHAMMED ABDULLAH SAHAB,
AGE: 71 YEARS, OCC: PRIVATE SERVICE
R/O: VILLAGE, HUDGI, TQ: HUMNABAD,
DIST: BIDAR - 585330.
15. AYESHA SULTANA W/O SHAKEEL AHMED,
AGE: 40 YEARS, OCC: PRIVATE SERVICE
R/O: JUNIOR COLLEGE, NEAR PUBLIC GARDEN,
HUMNABAD, TQ: HUMNABAD,
DIST: BIDAR - 585330.
16. SHAKEEL AHMED S/O MOHAMMED ANEES,
AGE: 55 YEARS, OCC: PRIVATE SERVICE,
R/O: JUNIOR COLLEGE, NEAR PUBLIC GARDEN,
HUMNABAD, TQ: HUMNABAD,
DIST: BIDAR - 585330.
17. MOHAMMED SAFWAN S/O SHAKEEL AHMED,
AGE: 22 YEARS, OCC: PRIVATE SERVICE
R/O: JUNIOR COLLEGE, NEAR PUBLIC GARDEN,
HUMNABAD, TQ: HUMNABAD,
DIST: BIDAR - 585330.
18. HAFEEZ MOHAMMED IBRAHIM
S/O MOHAMMED MASTAN
AGE: 34 YEARS, OCC: BUSINESS,
R/O: OPP NOOR FUNCTION HALL,
MANNA-E-KHELI, TQ: CHITTAGUPPA,
DIST: BIDAR - 585412.
...PETITIONERS
(BY SRI. AVINASH A UPLOANKAR, ADVOCATE)
AND:
SAANIYA PARVEEN W/O MOHAMMED SOHEB,
AGE: 24 YEARS, OCC: HOUSEWIFE,
R/O: HAGARAGA ROAD, H.NO.#5-993/86/42/43,
AMAN NAGAR, KALABURAGI,
-7-
NC: 2024:KHC-K:8337
CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
NOW RESIDEING AT NEAR SIRSE PETROL PUMP,
BHALKI,
DIST BIDAR - 585328.
...RESPONDENT
(BY SRI. ARVIND K. JINDE, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.482 OF
CRIMINAL PROCEDURE CODE, PRAYING TO EXERCISE
INHERENT POWERS U/SEC 482 CR.PC., EXAMINE THE
RECORDS AND QUASH THE PROCEEDINGS IN CRL.MISC NO.
1/2023 PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND
JMFC AT BHALKI, AGAINST THE PETITIONERS.
CRIMINAL PETITION NO. 201319 OF 2024:
BETWEEN:
MOHAMMED SHOAEB
S/O MOHAMMED ABDUL KAREEM
AGE: 35 YEARS, OCC: ENGINEER
R/O: H.NO.5-993-86-42-43, AMAN NAGAR,
KALABURAGI - 585104.
NOW RESIDING AT RIYADH,
SAUDI ARABIA.
...PETITIONER
(BY SRI. AVINASH A UPLOANKAR, ADVOCATE)
AND:
1. THE STATE THROUGH
BHALKI TOWN POLICE STATION,
DIST: BIDAR, NOW REPRESENTED BY
ADDL S.P.P HIGH COURT OF KARNATAKA
KALABURAGI BENCH - 585107.
2. SAANIYA PARVEEN W/O MOHAMMED SOHEB,
AGE: 24 YEARS, OCC: HOUSEWIFE,
R/O: HAGARAGA ROAD, H.NO.#5-993/86/42/43,
AMAN NAGAR, KALABURAGI,
-8-
NC: 2024:KHC-K:8337
CRL.P No. 201318 of 2024
C/W CRL.P No. 200895 of 2023
CRL.P No. 200912 of 2023
AND 1 OTHER
NOW RESIDEING AT NEAR SIRSE PETROL PUMP,
BHALKI,
DIST BIDAR - 585328.
...RESPONDENTS
(BY SRI. ARVIND K. JINDE, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S.482 OF
CRIMINAL PROCEDURE CODE, PRAYING TO EXERCISE
INHERENT POWERS U/SEC 482 CR.PC. EXAMINE THE RECORDS
AND QUASH THE PROCEEDINGS IN CC.NO.1983/2023 (CRIME
NO.183/2022) OF BHALKI TOWN P.S, DIST: BIDAR), FOR THE
OFFENCES U/SEC.498(A), 504, 506 R/W 34 OF IPC AND 3 AND
4 OF D.P ACT, IS PENDING ON THE FILE OF CIVIL JUDGE AND
J.M.F.C AT BHALKI, AGAINST THE PETITIONERS.
THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Criminal Petition No.201318/2024 and Criminal
Petition No.200912/2023 arise out of a petition filed by the
respondent under Section 12(i) of the Protection of
Women from Domestic Violence Act, 2005.
2. Criminal Petition No.200895/2023 and Criminal
Petition No.201319/2024 arise out of FIR in Crime
No.183/2022 of Bhalki Town Police Station registered on a
NC: 2024:KHC-K:8337
AND 1 OTHER
complaint lodged by the respondent, against the
petitioners for offences punishable under Section 498A,
504, 506 of IPC and Section 4 of the Dowry Prohibition Act
r/w 34 of IPC.
3. The matter arises on account of matrimonial
discord between the complainant/wife and her husband
Mohammad Sohaeb. Their marriage was performed on
25.06.2021. It is alleged that at the time of marriage,
cash and gold were given as dowry and marriage was
performed by spending a huge amount by complainant's
parents and after the marriage, husband and his parents
started demanding Rs.10,00,000/- etc.
4. The police have filed charge sheet against the
husband and his parents arraigning them as accused
Nos.1 to 3 for offences punishable under Section 498A,
504, 506 r/w 34 of IPC and Section 3 and 4 of the Dowry
Prohibition Act. The said case is pending on the file of the
Court of Civil Judge and JMFC at Bhalki in
C.C.No.1983/2023.
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AND 1 OTHER
5. In petition filed under Section 12(i) of the
Protection of Women from Domestic Violence Act, the
respondents are the husband and his relatives. The said
proceeding is pending on the file of the Court of Civil
Judge and JMFC, Bhalki in Crl. Misc.No.1/2023.
6. These petitions are preferred under Section 482
of Cr.P.C., to quash the above proceedings pending
against the petitioners.
7. A joint memo of compromise has been filed in
both the petitions, signed by the respondent/complainant
and the learned counsel appearing for both the parties. It
is submitted by the learned counsel appearing for
petitioner in Criminal Petition No.201318/2024 that, the
petitioner/husband of respondent in the said petition and
petitioner Nos.15, 16 and 17 in criminal petition
No.200912/2023 are living abroad.
8. The respondent/complainant and her parents as
well as other petitioners are present before the Court.
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AND 1 OTHER
Respondent/complainant submits that the matter is settled
out of Court and she is not willing to proceed with the
above cases.
9. In the application seeking compromise, it is
stated that the husband and wife have agreed to get
separated from their marriage by deciding to return the
gold ornaments given at the time of marriage, to the
respondent/wife.
10. In Narinder Singh and others vs State of
Punjab and another, reported in (2014) 6 SCC 466,
the Hon'ble Apex Court, at paragraphs 8 and 24 has held
as under:
" "8. We find that there are cases where the
power of the High Court under Section 482 of the Code
to quash the proceedings in those offences which are
uncompoundable has been recognised. The only
difference is that under Section 320(1) of the Code, no
permission is required from the Court in those cases
which are compoundable though the Court has
discretionary power to refuse to compound the offence.
However, compounding under Section 320(1) of the
Code is permissible only in minor offences or in non-
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AND 1 OTHER
serious offences. Likewise, when the parties reach
settlement in respect of the offences enumerated in
Section 320(2) of the Code, compounding is permissible
but it requires the approval of the Court. Insofar as
serious offences are concerned, quashing of criminal
proceedings upon compromise is within the discretionary
powers of the High Court. In such cases, the power is
exercised under Section 482 of the Code and
proceedings are quashed. Contours of these powers
were described by this Court in B.S. Joshi v. State of
Haryana (2003) 4 SCC 675, which has been followed
and further explained/elaborated in so many cases
thereafter, which are taken note of in the discussion that
follows hereinafter."
"24. The two rival parties have amicably settled
the disputes between themselves and buried the
hatchet. Not only this, they say that since they are
neighbours, they want to live like good neighbours and
that was the reason for restoring friendly ties. In such a
scenario, should the court give its imprimatur to such a
settlement? The answer depends on various incidental
aspects which need serious discourse. The legislators
have categorically recognized that those offences which
are covered by the provisions of Section 320 of the Code
are concededly those which not only do not fall within
the category of heinous crimes but also which are
personal between the parties. Therefore, this provision
recognizes where there is a compromise between the
parties, the court is to act at the said compromise and
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AND 1 OTHER
quash the proceedings. However, even in respect of
such offences not covered within the four corners of
Section 320 of the Code, the High Court is given power
under Section 482 of the Code to accept the
compromise between the parties and quash the
proceedings. The guiding factor is as to whether the
ends of justice would justify such exercise of power,
both the ultimate consequences may be acquittal or
dismissal of indictment. This is so recognized in various
judgments taken note of above." "
11. In B.S. Joshi and others v. State of Haryana
and another, reported in (2003) 4 SCC 675, the Hon'ble
Apex Court has held that High Court in exercise of its
inherent powers can quash criminal proceedings or FIR or
complaint and Section 320 of the Code does not limit or
affect the powers under Section 482 of the Code.
12. In Gian Singh vs. State of Punjab and
another, reported in (2012) 10 SCC 303, the Hon'ble
Apex Court, at para 58 has held as under:
"58. Where the High Court quashes a criminal
proceeding having regard to the fact that the dispute
between the offender and the victim has been settled
although the offences are not compoundable, it does so
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AND 1 OTHER
as in its opinion, continuation of criminal proceedings
will be an exercise in futility and justice in the case
demands that the dispute between the parties is put to
an end and peace is restored; securing the ends of
justice being the ultimate guiding factor. No doubt,
crimes are acts which have harmful effect on the public
and consist in wrongdoing that seriously endangers and
threatens the well-being of the society and it is not safe
to leave the crime-doer only because he and the victim
have settled the dispute amicably or that the victim has
been paid compensation, yet certain crimes have been
made compoundable in law, with or without the
permission of the court. In respect of serious offences
like murder, rape, dacoity, etc., or other offences of
mental depravity under IPC or offences of moral
turpitude under special statutes, like the Prevention of
Corruption Act or the offences committed by public
servants while working in that capacity, the settlement
between the offender and the victim can have no legal
sanction at all. However, certain offences which
overwhelmingly and predominantly bear civil flavour
having arisen out of civil, mercantile, commercial,
financial, partnership or such like transactions or the
offences arising out of matrimony, particularly relating
to dowry, etc. or the family dispute, where the wrong is
basically to the victim and the offender and the victim
have settled all disputes between them amicably,
irrespective of the fact that such offences have not been
made compoundable, the High Court may within the
framework of its inherent power, quash the criminal
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AND 1 OTHER
proceeding or criminal complaint or FIR if it is satisfied
that on the face of such settlement, there is hardly any
likelihood of the offender being convicted and by not
quashing the criminal proceedings, justice shall be
casualty and ends of justice shall be defeated. The
above list is illustrative and not exhaustive. Each case
will depend on its own facts and no hard-and-fast
category can be prescribed."
13. The matter on hand fit into the category of
cases mentioned by the Hon'ble Apex Court in the above
referred decisions. This Court is satisfied that on the face
of settlement between parties, there is hardly any
likelihood of the offenders being convicted. The entire
exercise will be futile in the event the proceedings are
allowed to be continued before the courts below. The ends
of justice will be met by accepting the compromise entered
between the parties and quashing the proceedings as
sought. Accordingly, the following:
ORDER
The petitions are Allowed.
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AND 1 OTHER
The entire proceedings in C.C.No.1983/2023 pending
on the file of the Court of Civil Judge and JMFC, Bhalki and
the proceedings in Criminal Misc No.1/2023 pending on
the file of the Court of Civil Judge and JMFC at Bhalki are
hereby quashed.
Sd/-
(MOHAMMAD NAWAZ)
JUDGE
HB
CT: PS
