Karnataka High Court
Sri Abdul Salem Mastan vs State Of Karnataka on 11 October, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
-1-
NC: 2023:KHC:37338
CRL.P No. 27 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 11TH DAY OF OCTOBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 27 OF 2023
BETWEEN:
SRI ABDUL SALEM MASTAN
@ ABUDL SALEEM MASTHAN M R
S/O ABDUL REHAMAN D
AGED ABOUT 34 YEARS
PERMANAT ADDRESS
NO 3434/19, SHANKAR VIHAR LAYOURT
BEHIND BEERESHWARA GYM ROAD
DEVARJ URS LAYOUT
DAVANAGERE 577 006
ADDITIONAL ADDRESS
DOOR NO 1037/2, 4TH CROSS
1ST MAIN, VINOBANAGAR
DAVANGERE 577 006
(WITH COMPLAINANT)
ALSO R/AT NO 25/2
Digitally signed by B
2ND MAIN, 2ND CROSS
K
MAHENDRAKUMAR RAJIV GANDHI ANGAR, HSR LAYOUT
Location: HIGH
COURT OF 6TH SECTOR, BOMMNAHALLI
KARNATAKA
BENGALURU 560 102
(WORKS FOR LIVELY HOOD)
...PETITIONER
(BY SRI. R SATISHCHANDRA, ADVOCATE)
AND:
1. STATE OF KARNATAKA
BY SHO, WOMEN POLICE STATION
DAVANAGERE, REP BY SPP
HIGH COURT OF KARNATAKA
BENGALURU 560 001.
-2-
NC: 2023:KHC:37338
CRL.P No. 27 of 2023
2. SMT. FARAHNAZ
W/O ABDUL SALEM MASTNA
AGED ABOUT 30 YEARS
R/AT 1ST MAIN, 4TH CROSS
VINOBHANAGAR, DAVANAGERE
PIN CODE 577 006.
...RESPONDENTS
(BY SMT. WAHEEDA M M, HCGP FOR R-1)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
FIR, COMPLAINT IN CRIME NO.74/2022 FOR THE OFFENCE P/U/S
498(A), 323, 342, 114, 504 R/W 34 OF IPC AND SECTION 3 AND 4
OF DOWRY PROHIBITION ACT, PENDING ON THE FILE OF II
ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., DAVANAGERE.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The learned High Court Government Pleader accepts notice for the respondent No.1.
2. The petitioner is sought to be prosecuted for the offences punishable under Sections 498-A, 323, 342, 114, 504 r/w Sec.34 IPC and Sections 3 & 4 of the Dowry Prohibition Act.
3. The case of the prosecution is that, the accused No.1-husband, accused Nos.2 and 3- parents-in-laws, accused Nos.4 and 5-sisters-in-law subjected the defacto-complainant to cruelty, both mentally and physically, and also a demand was made to bring money from her parental home.
4. The respondent No.2 had filed O.S.No.12/2023 for dissolving her marriage with the accused No.1, and in the said proceedings, the matter was referred to Mediation Centre, -3- NC: 2023:KHC:37338 CRL.P No. 27 of 2023 Davanagere to explore the possibility of settlement between the parties.
5. The parties before the Mediation centre amicably resolved their dispute among themselves, and in terms of the settlement, the marriage of the defacto-complainant with the her husband has been dissolved mutually, and respondent No.2 has no objection for quashing the impugned FIR lodged against the petitioner. The accused No.1, in terms of the settlement has paid permanent alimony of Rs.12,00,000/- and also returned the gold ornaments presented at the time of the marriage.
6. Though the offences alleged against the petitioner- accused herein are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, and the marriage of the accused with the defacto-complainant having dissolved mutually, and the defacto-complainant having agreed to withdraw the FIR, it would be a futile exercise, if the petitioners are subjected to investigation, since the probability of the police filing the charge sheet is unlikely in view of the settlement. Therefore, the continuation of investigation will be an abuse of process of law. Accordingly, I pass the following:
ORDER
i) The Criminal Petition is allowed;
ii) The impugned FIR in Crime No.74/2022, registered by the Davanagere Women Police Station, pending on the file of -4- NC: 2023:KHC:37338 CRL.P No. 27 of 2023 the 2nd Additional Senior Civil Judge & JMFC, Davanagere stands quashed.
Sd/-
JUDGE BKM