Karnataka High Court
Mohamed Rahamathulla vs State Of Karnataka on 1 August, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 6508 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 01ST DAY OF AUGUST, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 6508 OF 2022
BETWEEN:
1. MOHAMED RAHAMATHULLA
S/O. ABDUL HAMEED
AGED ABOUT 29 YEARS.
2. S. ABDUL HAMEED
S/O. LATE ABDUL SHUKUR
AGED ABOUT 58 YEARS.
3. AYASHA A.,
W/O. ABDUL HAMEED
AGED ABOUT 52 YEARS
ALL PETITIONERS
RESIDING AT NO. 32/2,
12TH CROSS, NEAR CITIZEN SCHOOL
Digitally signed by
PADMAVATHI B K
SAGAYAPURAM
Location: HIGH
COURT OF BENGALURU - 560 084.
KARNATAKA
...PETITIONERS
(BY SRI SREEDHARA C.G., ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SHO, K.G. HALLI POLICE STATION
BENGALURU - 560 045.
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CRL.P No. 6508 of 2022
REP. BY THE LEARNED
PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
2. STATE OF KARNATAKA
BY SHO, HAL POLICE STATION
BENGALURU - 560 037
REP. BY THE LEARNED
PUBLIC PROSECUTOR
HIGH COURT BUILDING
BENGALURU - 560 001.
3. SMT. TARANNUM SIDDIQUA
W/O MOHAMMED RAHMATHULA
D/O MOHAMMED NAQUIB PASHA
AGED ABOUT 23 YEARS
AT OLD NO. 27/1, NEW NO. 300,
JAMIA MASJID MAIN ROAD
ISLAMPUR, HAL VIMANAPURA POST
BENGALURU - 560 017.
...RESPONDENTS
(BY SMT.K.P.YASHODHA, HCGP FOR R1 AND R2;
SRI VASEEM UDDIN, ADVOCATE)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE ENTIRE
FIR/PROCEEDINGS AGAINST THE PETITIONERS ACCUSED
PERSONS IN d. VIDE CR.NO.386/2020 FOR AN ALLEGED
OFFENCE P/U/S 324, 498A, 506 OF IPC AND ALSO R/W SEC.3,
4 OF D.P ACT AND OR ANY SUCH OTHER OFFENCES
REGISTERED BY RESPONDENT NO.1 K.G. HALLI P.S.,
BENGALURU ON THE FILE OF THE HONBLE XI A.C.M.M,
BENGALURU. e.VIDE CR.NO.278/2020 FOR AN ALLEGED
OFFENCES P/U/S 323, 498A, 506 OF IPC AND ALSO R/W
SEC.3, 4 OF D.P ACT AND OR ANY SUCH OTHER OFFENCES
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CRL.P No. 6508 of 2022
REGISTERED BY RESPONDENT NO.2 HAL P.S., BENGALURU ON
THE FILE OF THE HONBLE XI A.C.M.M BENGALURU.
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 Crime Nos.386/2020 and 278/2020, both pending before the XI Additional Chief Metropolitan Magistrate, Bengaluru, both registered for the offences punishable under Sections 324, 498A and 506 of the IPC r/w. Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Sri Sreedhara C.G., learned counsel for the petitioners, Smt. K.P.Yashodha, learned High Court Government Pleader for respondent Nos.1 and 2 and Sri Vaseem Uddin, learned counsel for respondent No.3.
-4- CRL.P No. 6508 of 20223. During the pendency of this petition, the parties to the lis have arrived at settlement by execution of deed of dissolution of marriage by declaration of khula and declaration of acceptance of khula, which also recognizes closure of the present proceedings. As a matter of fact, all the proceedings pending between the parties are settled and the same is narrated in the said khula nama. The parties have also filed a joint memo and joint affidavit before this Court, endorsing the acceptance of khula nama.
4. The declaration of khula nama by mutual consent reads as follows:
"MEMORANDUM OF SETTLEMENT XXXXXXXXXXX
4. For the sake of clarity, acknowledgement it is hereby stated by the both parties that the following acts have been undertaken:
a) Pariharaa Vanitha Sahayavani Santwana Centre Complaint shall and will be -5- CRL.P No. 6508 of 2022 withdrawn by the First Party and in case such withdrawal of the complaint has not taken place in that scenario this memorandum of settlement shall deemed to have been consent rendered by the First Party for the withdrawal and closure of the complaint before Pariharaa Vanitha Sahayavani Santwana Centre.
b) Crl. Misc. No.151/2020 before the Hon'ble 1st MMTC, Bengaluru, the same is withdrawn by the First Party by filing necessary joint affidavit in lieu of the settlement arrived outside of the court.
c) Crl. Misc. No.203/2021 before the Hon'ble 1st MMTC, Bengaluru, the same is withdrawn by the First Party by filing necessary joint affidavit in lieu of the settlement arrived outside of the court.
d) P.C.R.No.51644/2021 before the Hon'ble XI A.C.M.M., Bengaluru, the same shall be withdrawn by the Second Party's parents in lieu of the settlement arrived outside of the court & and in case such withdrawal of the complaint has not taken place in that scenario this memorandum of settlement shall deemed to have been consent rendered by the First Party for the withdrawal and closure of the complaint before Pariharaa Vanitha Sahayavani Santwana Centre.
e) O.S.No.26243/2020 before the Hon'ble CCH-21, Bengaluru, the same shall be withdrawn by the Second Party's parents -6- CRL.P No. 6508 of 2022 in lieu of the settlement arrived outside of the court.
f) The First Party shall willingly and voluntarily by giving her consent duly co-
operate in filing quash petition before the Hon'ble High Court of Karnataka to quash and close the FIR's Crime Number 278/2020 by SHO HAL Police Station, Bengaluru & Crime Number 386/2020 by SHO K.G.Halli Police Station, Bengaluru, both are pending before the Hon'ble XI A.C.M.M., Bengaluru, in lieu of the settlement arrived outside of the court by parties. Further, this memorandum of settlement shall be deemed to be valid consent rendered by the First Party to close all the cases, complaints including the ones stated supra.
g) Finally it is agreed by the parties to report this settlement in the mediation held in O.S.15/2022 before the Hon'ble III Additional Family Court Judge, Bengaluru, for purposes of obtaining declaration of dissolution of marriage between the parties upon mutual terms and conditions.
5. Both the parties shall not interfere in each other's personal life and affairs and both the parties shall not claim any conjugal rights against each other. And both the parties with this indenture of Khula have seized their respective rights in their movable, immoveable properties and intellectual properties against each other. As the DECLARATION OF KHULA AND ACCEPTANCE KHULA is binding on both the parties.
-7- CRL.P No. 6508 of 20226. Both the parties are at liberty to marry a person of their choice and lead a marital life.
7. Both the parties shall not damage each other's reputation and shall not claim any amount whatsoever on any account /count on any other ground whatsoever.
8. This MEMORANDUM OF SETTLEMENT is made in two sets of originals stamp papers for purpose of settlement against divorce each to be facilitate parties to have one original set each."
In the light of the afore-extracted khula nama by mutual consent, I deem it appropriate to obliterate the proceedings initiated against the petitioners, as the allegations are not against the State.
5. For the aforestated reasons, the following:
ORDER i. The Criminal Petition is disposed.
ii. The proceedings in Crime Nos.386/2020 and 278/2020, both pending before the XI -8- CRL.P No. 6508 of 2022 Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.
Sd/-
JUDGE NVJ