Karnataka High Court
Mohammed Hikamthulla Zahid vs The State Of Karnataka on 3 December, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:49770
CRL.P No. 12790 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 3RD DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 12790 OF 2024
BETWEEN:
MOHAMMED HIKAMTHULLA ZAHID
S/O MOHAMMED NOORULLA SHOUKATH
AGED ABOUT 31 YEARS
NO.92/1, BRADSHAW STREET, 1ST CROSS
NEHRUPURAM, BENGALURU CITY
KARNATAKA - 560 001.
...PETITIONER
(BY SRI SYED KHALEEL PASHA, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
REPRESENTED BY
HENNUR POLICE STATION
REPRESENTED BY
Digitally signed by STATE PUBLIC PROSECUTOR
KAVYA G
Location: High BENGALURU - 560 001.
Court of Karnataka
2. YOGENDRA RAWAT
S/O DR. DHARMA SINGH RAWAT
AGED ABOUT 51 YEARS
R/AT CHIEF OPERATING OFFICER HOSMAT
HOSPITALS, HENNUR CROSS
HBR LAYOUT 4TH BLOCK
BENGALURU CITY
KARNATAKA - 560 043.
...RESPONDENTS
(BY SRI RANGASWAMY R., HCGP FOR R1;
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NC: 2024:KHC:49770
CRL.P No. 12790 of 2024
SRI MOHAMMED SHAREEF, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS)
CR.P.C PRAYING TO QUASH THE FIR AGAINST THE ACCUSED
IN CR.NO.545/2024 OF HENNUR POLICE STATION OFFENCE
U/S. 314, 316(4), 318(4) OF BNS 2023 WHICH IS PENDING ON
THE FILE OF THE HON'BLE 4th ACMM AT BENGALURU.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question registration of a crime in Crime No.545 of 2024 for offences punishable under Sections 314, 316(4), 318(4) of BNS 2023 pending before the 4th Additional Chief Metropolitan Magistrate, Bangalore.
2. Heard Sri Syed Khaleel Pasha, learned counsel appearing for petitioner, Sri Rangaswamy R, learned High Court Government Pleader appearing for respondent No.1 and Sri Mohammed Shareef, learned counsel appearing for respondent No.2.
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NC: 2024:KHC:49770 CRL.P No. 12790 of 2024
3. During the pendency of the petition, the parties to the lis have settled the dispute amongst themselves by drawing up certain terms of settlement. An application is also filed under Section 320 r/w Section 482 of the Cr.P.C. seeking compounding of the offences. The joint affidavit filed in this regard also recognizes closure of the impugned proceedings. The relevant paragraphs of the joint affidavit filed by the parties reads as follows:
"JOINT AFFIDAVIT .... .... .....
2. We submit that the 2nd deponent has presented the complaint in Cr. No.0545/2024 for an alleged offence punishable under sections 314, 316(4), 318(4) of BNS 2023. Now which is pending on the file of IVth ACMM at Bangalore. The Petitioner, well-wishers and 2nd Respondent have settled the matter amicably out of the court. We have no objection to quash the proceedings in Cr. No.0545/2024, which is Pending on the file of IVth ACMM, Bangalore., without any force or coersion, undue influence, force from anybody etc. Whatever cases we have filed or pending against each other arising out of the said marriage is deemed to be withdrawn.
For the above stated reason this Hon'ble court may be pleased to quash the proceedings in Cr No.0545/2024 which is pending on the file of IVth ACMM, Bangalore."-4-
NC: 2024:KHC:49770 CRL.P No. 12790 of 2024
4. Since the offences alleged against the petitioner are punishable under Sections 314, 316(4), 318(4) of BNS 2023 and are not against the State or the Society, and in the light of the settlement arrived at between the parties as aforesaid, I deem it appropriate to obliterate the proceedings pending against the petitioner.
5. For the aforesaid reasons, the following:
ORDER
(i) Criminal Petition is disposed.
(ii) The crime in Crime No.545 of 2024 pending on the file of 4th Additional Chief Metropolitan Magistrate, Bangalore stands quashed qua the petitioner.
Consequently, I.A.No.1 of 2024 also stands disposed.
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(M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 88 CT:SS