Karnataka High Court
Syed Yasin Ahmed vs State Of Karnataka on 17 June, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 17TH DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION NO.6652 OF 2021
BETWEEN:
1. SYED YASIN AHMED,
S/O DR. SYED KHWAJA NAWAJ AHMED,
AGED 35 YEARS, (HUSBAND)
2. SMT SYEDA NAZIMA,
W/O N.K. KHWAJA NAWAJ AHMAD,
AGED 50 YEARS, (MOTHER IN LAW)
3. DR. SYED KHWAJA NAWAJ AHMED,
S/O SYED BASHEER AHMED,
AGED 62 YEARS, (FATHER IN LAW)
NO.1 - 3 ARE RESIDENTS OF NO.23,
NEW INDIA ARCADE APARTMENT,
PENT HOUSE, 4TH MAIN JAMIA
MASJID ROAD, REHMATH NAGAR,
R.T. NAGAR, BANGALORE - 560 034
4. SMT SYDA AMEED KOUSAR
D/O DR MOHAMMAD SAYEED AHMED,
(SISTER IN LAW), AGED 31 YEARS,
RESIDING AT NO. 802, 12TH WARD,
2ND CROSS, NEW EXTENSION,
RAMANAGARA, KARNATAKA - 562 159
... PETITIONERS
(BY SRI. ROHAN H.C., ADVOCATE)
2
AND:
1. STATE OF KARNATAKA
REP BY S.H.O.
RT NAGAR POLICE STATION
BANGALORE - 560 034
REPRESENTED BY
THE STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
VIDHANASOUDHA, BANGALORE.
2. SMT. KOUSAR UNNISA
W/O YASIN AHMED,
AGED 27 YEARS,
RESIDING AT NO.1, DOOR NO.23,
PENT HOUSE, NEW INDIA ARCADE,
2ND CROSS, 4TH MAIN,
RAHAMATH NAGAR,
BANGALORE 560 032
... RESPONDENTS
(BY SMT. K.P. YASHODHA, HCGP FOR R1
R2 SERVED)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.26663/2019 PENDING IN THE FILE OF THE 32ND A.C.M.M
AT BENGALURU IN CR.NO.133/2019 OF R.T.NAGAR P.S.,
BENGALURU FOR THE OFFENCE P/U/S 498A, 323, 504 R/W 34 OF
IPC AND SEC.3 AND 4 OF D.P ACT.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question the proceedings in C.C.No.26663/2019, pending before the 32nd Additional Chief Metropolitan Magistrate, Bengaluru, arising out 3 of Crime No.133/2019, for the offences punishable under Sections 498A, 323, 504 r/w. 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Sri Roshan H.C., learned counsel for the petitioners and Smt. K.P.Yashodha, learned High Court Government Pleader for respondent No.1.
3. Petitioner No.1 is the husband and other petitioners are his family members and respondent No.2 is the wife of petitioner No.1. The parties to the lis have arrived at settlement and appended a copy of a declaration of khula by mutual consent to the petition.
4. Learned counsel for respondent No.2 submits that respondent No.2 - complainant after dissolution of the marriage has remarried, is staying elsewhere and therefore, the father of respondent No.2 - complainant is present before the Court.
5. The declaration of khula by mutual consent also recognises the acceptance of the parties to the terms and 4 conditions of the Khula. The declaration of khula by mutual consent reads as follows:
"xxxxxxxxxxxxxxx
6. Both the parties has agreed that in acceptance of this Khula they will not file any claim or cases both Civil and Criminal against each other with respect to above said marriage in view of the Khula. Hence they have decided to separate each other from their marital life through this Khula, which ha enumerated from above said party of the 1st part and consequently accepted by the party of the second part, as per the Muslim Shariyath Act, for dissolution of the Marriage act. The party of the 1st part seeking Khula against the party of the 2nd part for their marriage at her free will and conscious and not at any instance."
In the light of the afore-extracted declaration of Khula by mutual consent, I deem it appropriate to obliterate the proceedings initiated against the petitioners, as the allegations are not against the State.
6. For the aforestated reasons, the following:
ORDER i. The Criminal Petition is disposed.5
ii. The proceedings in C.C.No.26663/2019, pending before the 32nd Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed.
Sd/-
JUDGE nvj CT:MJ