Karnataka High Court
Adil Ashraff vs State Of Karnataka on 21 July, 2022
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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CRL.P No. 3716 of 2022
C/W
CRL.P No. 3700 of 2022
CRL.P No. 6421 of 2022
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 21ST DAY OF JULY, 2022
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 3716 OF 2022
C/W
CRIMINAL PETITION NO. 3700 OF 2022
CRIMINAL PETITION NO. 6421 OF 2022
IN CRL.P.NO.3716/2022:
BETWEEN:
1. ADIL ASHRAFF
AGED ABOUT 37 YEARS
S/O AZARAFF P.H.,
R/A FLAT NO.205
N.D.SUNSPURGE RESIDENCY NO.250
12TH MAIN, 6TH CROSS, HSR LAYOUT
Digitally signed
by PADMAVATHI
5TH SECTOR, BENGALURU-560 102.
BK
Location: HIGH 2. AZARAFF P.H.
COURT OF
KARNATAKA AGED ABOUT 69 YEARS
S/O LATE P.M. HYDROS
R/A FLAT NO.205
N.D.SUNSPURGE RESIDENCY NO.250
12TH MAIN, 6TH CROSS, HSR LAYOUT
5TH SECTOR, BENGALURU-560 102.
3. ABIDA ASHRAFF @ HAMEEDA BEEVI
AGED ABOUT 64 YEARS, W/O AZARAFF P.H.
R/A FLAT NO.205, N.D.SUNSPURGE
RESIDENCY NO.250, 12TH MAIN, 6TH CROSS,
HSR LAYOUT, 5TH SECTOR
BENGALURU-560 102.
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CRL.P No. 3716 of 2022
C/W
CRL.P No. 3700 of 2022
CRL.P No. 6421 of 2022
4. AMJAD ASHRAFF
AGED ABOUT 34 YEARS
S/O AZARAFF P.H., R/A FLAT NO.205
N.D.SUNSPURGE RESIDENCY NO.250
12TH MAIN, 6TH CROSS, HSR LAYOUT
5TH SECTOR, BENGALURU-560 102.
...PETITIONERS
[BY SRI SIJI MALAYIL, ADVOCATE]
AND:
SHIREEN FIRDOUS
AGED ABOUT 31 YEARS
W/O ADIL ASHRAFF, D/O ABRAR ALAM
PRESENTLY R/A FF-2, OASIS APARTMENTS
BALAJI LAYOUT, COOKE TOWN
BENGALURU-560 005.
...RESPONDENT
(BY SRI GAURAV SINGH GAUR, ADVOCATE)
THIS CRIMINAL PETITION NO.3716/2022 IS FILED U/S.482
CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
CRL.MISC.NO.105/2016 BEFORE THE LD. METROPOLITAN
MAGISTRATE TRAFFIC COURT-I MAYO HALL COURT AT BENGALURU.
IN CRL.P.NO.3700/2022:
BETWEEN:
1. ADIL ASHRAFF
AGED ABOUT 37 YEARS
S/O AZARAFF P.H., R/A FLAT NO.205
N.D.SUNSPURGE RESIDENCY NO.250
12TH MAIN, 6TH CROSS, HSR LAYOUT
5TH SECTOR, BENGALURU-560 102.
PRESENTLY WORKING AT
APPLE INC., NO.1, INDINITE LOOP
CUPERTINO, CA 95014, USA.
2. ABIDA ASHRAFF @ HAMEEDA BEEVI
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CRL.P No. 3716 of 2022
C/W
CRL.P No. 3700 of 2022
CRL.P No. 6421 of 2022
AGED ABOUT 64 YEARS, W/O AZARAFF P.H.
R/A FLAT NO.205, N.D.SUNSPURGE
RESIDENCY NO.250, 12TH MAIN, 6TH CROSS,
HSR LAYOUT, 5TH SECTOR
BENGALURU-560 102.
...PETITIONERS
[BY SRI SIJI MALAYIL, ADVOCATE]
AND:
1. STATE OF KARNATAKA
BY MADIVALA SUB DIVISION
POLICE STATION, REP. BY SPP
HIGH COURT BUILDING-560 001.
2. SHIREEN FIRDOUS
AGED ABOUT 31 YEARS
W/O ADIL ASHRAFF, D/O ABRAR ALAM
PRESENTLY R/A FF-2, OASIS APARTMENTS
BALAJI LAYOUT, COOKE TOWN
BENGALURU-560 005.
...RESPONDENTS
(BY SMT. K.P.YASHODHA, HCGP., FOR R1;
SRI GAURAV SINGH GAUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION NO.3700/2022 IS FILED U/S.482
CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN
C.C.NO.6108/2017 PENDING BEFORE THE LEARNED III ACMM,
BANGALORE.
IN CRL.P.NO.6421/2022:
BETWEEN:
1. MRS. SHIREEN FIRDOUS
W/O ADIL ASHRAFF, D/O ABRAR ALAM
AGED ABOUT 33 YEARS
2. MR. DANISH ANSARI
S/O ABRAR ALAM
AGED ABOUT 37 YEARS
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CRL.P No. 3716 of 2022
C/W
CRL.P No. 3700 of 2022
CRL.P No. 6421 of 2022
3. MS.FIRDOUS BAREEN
W/O ABRAR ALAM
AGED ABOUT 58 YEARS
4. MR.ABRAR ALAM
S/O LATE SAYEED ALAM
AGED ABOUT 66 YEARS
5. MR.KAMRAN ARIF
S/O ABRAR ALAM
AGED ABOUT 30 YEARS
ALL ARE PERMANENTLY R/A NO.17
OLD PURULIA ROAD, NEAR JESU BHAVAN
MANGO, JAMSHEDPUR EAST, SINGHBUM
JHARKHAND-832 110.
...PETITIONERS
(BY SRI GAURAV SINGH GAUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY THE INSPECTOR OF POLICE
HSR LAYOUT POLICE STATION
MADIVALA SUB-DIVISION
REP. BY THE SPP
HIGH COURT BUILDING-560 001.
2. AZARAFF P.H.
AGED ABOUT 69 YEARS
S/O LATE P.M. HYDROSE
R/A FLAT NO.205
N.D.SUNSPURGE APARTMENTS
NO.250, 12TH MAIN, 6TH CROSS,
HSR LAYOUT, 5TH SECTOR,
BENGALURU-560 102. ...RESPONDENTS
(BY SMT. K.P.YASHODHA, HCGP., FOR R1;
SRI SIJI MALAYIL, ADVOCATE FOR R2)
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CRL.P No. 3716 of 2022
C/W
CRL.P No. 3700 of 2022
CRL.P No. 6421 of 2022
THIS CRIMINAL PETITION NO.6421/2022 IS FILED U/S.482
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.11065/2018 PENDING ON THE FILE OF THE XXXVII
ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BENGALURU
ORDER SHEET PRODUCED AT ANNEXURE-A AND ETC.,
THESE CRIMINAL PETITIONS COMING ON FOR ORDERS FOR
REPORTING SETTLEMENT THIS DAY, THE COURT MADE THE
FOLLOWING:
ORDER
The petitioners in Crl.P.Nos.3716/2022 are before this Court calling in question proceedings in Crl.Misc.No.105/2016, pending on the file of the Metropolitan Magistrate Traffic Court -1, Mayo Hall, Bengaluru, registered under the provisions of the Protection of Women From Domestic Violence Act, 2005 and in Crl.P.No.3700/2022, are calling in question proceedings in C.C.No.6108/2017, pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru, arising out of crime No.2361/2015, registered for the offences punishable under Sections 354C, 498A, 506 of the IPC and Sections 3 and 4 of the Dowry -6- CRL.P No. 3716 of 2022 C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 Prohibition Act, 1961. The petitioners are husband and his family members.
2. The petitioners in Crl.P.No.6421/2022 are the wife and her relatives, are before this Court calling in question proceedings in C.C.No.11065/2018 pending on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, arising out of crime No.493/2016, registered for the offences under Sections 120B, 379, 384, 420, 506 r/w. 34 of the IPC.
3. Learned counsel appearing for both the parties submit that during the pendency of these petitions, the parties to the lis have resolved their dispute amicably before the Mediation Centre, Jamshedpur in Misc. Case No.174/2019 and have appended joint memos and affidavits of settlement to each of the petitions, duly -7- CRL.P No. 3716 of 2022 C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 signed by the petitioners and respondent before this Court.
4. The settlement agreement cum memo of understanding appended to Crl.P.No.3716/2022, reads as follows:
"SETTLEMENT AGREEMENT CUM MEMO OF UNDERSTANDING
4. That further, both the parties have mutually agreed to the following terms and conditions:-
a. The First Party/Husband has agreed to pay to the Second Party/Wife, a lump sum amount of Rs.37,00,000/- (Rupees Thirty Seven Lakhs) only as one time full and final settlement amount towards permanent Alimony / maintenance allowance amount which is the maximum which he can afford, to which the Second party/Wife has voluntarily agreed to accept and receive the offered amount as full and final one time settlement of maintenance/Alimony amount. The said settlement amount of Rs.37,00,000/- (Rupees Thirty Seven Lakhs) only shall be paid -8- CRL.P No. 3716 of 2022 C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 in 4(four) installments by the First Party to the Second Party, by way of NEFT/RTGS/Bank Account Transfer to the Second Party's Bank account No.20095876205, maintained by her with STATE BANK OF INDIA, SAKCHI BRNACH, JAMSHEDPUR, at intervals as follows:-
4.a.i) The First installment amount for a sum of Rs.10,00,00/- (Rupees Ten Lakhs) only, shall be paid by the First Party to the Second party by way of NEFT/RTGS/Bank account Transfer, at the time of signing of this Settlement Agreement Cum MOU by both the Parties in presence of witnesses before the Learned Mediator, Nyay Sadan and the receipt of such payment shall be duly acknowledged in writing by the Second Party.
4.a.ii) The Second installment amount for a sum of Rs.10,00,000/- (Rupees Ten Lakhs) only shall be paid by the First Party to the Second party by way of NEFT/RTGS/Bank Account Transfer, at the time of obtaining "Mubarat / Khulla" from appropriate and competent authority/forum/imarat-e-Sharia, at Jamshedpur. After receiving the Second Installment and obtaining the -9- CRL.P No. 3716 of 2022 C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 "Mubarat/Khulla" certificate, the Second Party shall forthwith file a suit for declaration and for a Decree of Divorce before the competent Court, at Jamshedpur, on the basis of the "Mubarat/Khulla" certificate.
4.a.iii) The Third installment amount for a sum of Rs.7,00,000/- (Rupees Seven Lakhs Thousand) only shall be paid by the First Party to the Second party by way of NEFT/RTGS/Bank Account Transfer, after both the Parties withdraw all the cases filed by them respectively against teach other in the Courts at Bengaluru and obtain, certified Copies of the orders passed by the concerned Courts allowing withdrawal of the cases, positively within 30th April, 2022. Both parties shall support and cooperate with each other in the process of withdrawing the cases and obtaining certified copies of the orders of withdrawals passed by the concerned courts.
More Specifically, the Second Party Shall forthwith withdraw the Writ petition filed by her vide W.P.No.4094/2021, which is presently pending before Hon'ble High Court of Karnatak at Bengaluru and the First Party
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CRL.P No. 3716 of 2022C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 shall also withdraw the suit filed by him bearing O.S.No.110/2017, presently pending before the Learned Family Court, at Bengaluru., Further, the Second Party shall cooperate in disposal of the Criminal Case being C.C.No.6108/2017 pending before the Ld. III Addl.CMM Court, Bengaluru filed by her through F.I.R against the first Party/husband and his family members on 25/12/2015 before Madivala Sub Division Police station, Bengaluru, for alleged offences punishable under sections 354C, 498A, 506 IPc r/w 3 & 4 DP act, Crime no.2361/2015 and she had filed another case under section 12 of Protection of Women from Domestic Violence Act in Crl.Misc. no.105/2016, which is now pending before Hon'ble I Metropolitan Magistrate Court, Bengaluru. In the event of first party herein and / or any of his family members files a petition under section 482 of Cr.P.C. before the Hon'ble High Court of Karnataka, for Quashing of the said criminal Case, the Second party does hereby undertake to be physically present before the Hon'ble High Court of Karnataka and submit her pleadings in terms of this settlement Agreement and
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CRL.P No. 3716 of 2022C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 shall depose accordingly/give her 'No Objection' and consent before the Hon'ble High Court of Karnataka, for quashing the Criminal case filed by the Father-in-law of the Second Party against the Second Party and her family members by a F.I.R on 12/07/2016 before HSR Layout Police station for offences punishable under sections 506, 34, 420, 120B, 379, 384 IPC, bearing Crime no.493/2016, corresponding to C.C.No.11065/2018, in the Court of the Ld. XXXIX Addl. CMM Court, Bengaluru and the First Party undertakes to ensure that his father who is the informant in the said case, shall be physically present before the Hon'ble High Court and in terms of this settlement Agreement, shall depost/give 'No Objection' and consent before the Hon'ble High Court, so that the case can be quashed promptly.
4.a.iv) The Fourth and Final installment amount for a sum of Rs.10,00,000/- (Rupees Ten Lakhs) only shall be paid by the First Party to the Second Party by way of NEFT/RTGS/Bank Account Transfer, at the time of adducing evidence by both the parties, in the suit for decree of Divorce filed before
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CRL.P No. 3716 of 2022C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 the competent Court at Jamshedpur, in consonance with the terms and conditions of this Agreement. The Second Party also undertakes that before receiving payment of the last and final instalment towards the settled Permanent Alimony/full lump-sum Maintenance amount from the First Party, she shall on the same day withdraw the maintenance case, bearing O.S.No.174/2019, filed by her against the First Party, which is pending before the Learned Family Court, at Jamshedpur.
5. It is Agreed between the Parties herein that on and from the date of this Agreement, in which the Second Party having agreed to receive the settled sum of Rs.37,00,000/-, as full and final settlement, which amount being the highest amount which the First Party is capable of paying within his limited resources, towards Permanent Alimony/Full one time maintenance, the First party is not liable to pay any further amount whatsoever, towards maintenance/alimony/Court expenses etc. to the Second Party and the First Party shall also cease paying the amount of Rs.10,000/- and amounts towards legal expenses in compliance to the order
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CRL.P No. 3716 of 2022C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 dated 18/12/2020 which the Hon'ble Family Court, Jamshedpur has passed in O.S.No.174/2019.
6. That the parties herein have specifically agreed to withdraw all complaints / cases which have been filed earlier by them against each other, with or without the knowledge of either Party, and also declare that no cases will be filed in future between the parties against each other, relating to the said matrimonial dispute. Both the parties herein shall refrain from making any allegations against each other and their family members in future.
7. Both parties have voluntarily consented for dissolution of their marriage by divorce without any threat or coercion or undue influence from any corner. Both the parties have approached this Mediation Centre for out of court mutual settlement of their dispute with their free will and volition and on their own accord.
8. The Second Party has agreed and undertakes that she will not file any case or claim for separate maintenance nor claim Alimony/Den Meher against he First Party ever in future after receiving the one- time settlement amount. The parties have also agreed that they will not raise any claim in future on each other's property.
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CRL.P No. 3716 of 2022C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022
9. Further, it has been agreed by the first party that neither of the parties are liable to return the Gifts / possessions acquired during their marriage."
The affidavit filed in Crl.P.No.3716/2022 reads as follows:
"More specifically, the Second Party shall forthwith withdraw the Writ Petition filed by her vide W.P.No.4094/2021, which is presently pending before the High Court of Karnataka at Bengaluru, and the First Party shall also withdraw the suit filed by him bearing O.S.No.110/2017, presently pending before the Learned Family Court, at Bengaluru. Further, the Second party shall cooperate in the disposal of the Criminal Case being C.C.No.6108/2017 Pending before the Ld. III Addl. CMM Court, Bengaluru filed by her through FIR against the First party / husband and his family membeers on 25/12/2015 before the Madiwala Sub Division Police Station, Bengaluru, for alleged offences punishable u/s.354C, 498A, 506 IPC
- 15 -CRL.P No. 3716 of 2022
C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 r/w 3 & 4 DP Act, Crime no.2361/2015 and she had filed another case u/s 12 of the Protection of Women from Domestic Violence Act in Crl.Misc.no.105/2016, which is now pending Before the Hon'ble I Metropolitan Magistrate Court, Bengaluru. In the event of first party herein and / or any of his Family members files a petition u/s 482 of Cr.P.C. before the Hon'ble High Court of Karnataka and submit the pleadings in terms of this Settlement Agreement and shall depose accordingly / give her 'No Objection' and consent before the Hon'ble High Court of Karnataka, so that the case can be quashed promptly. Vice Versa, the Second Party shall file an petition u/s 482 Cr.P.C., before the Hon'ble High Court of Karnataka for quashing the Criminal Case filed by her father-in-law of the Second Party against the Second Party and her family members by an FIR on 12/07/2016 before HSR Layout Police Station for offences punishable u/s.506, 34, 420, 120B, 379, 384 IPC bearing Crime No.493/2016, corresponding to C.C.No.11065/2018, in the Court of the LD.
- 16 -CRL.P No. 3716 of 2022
C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 XXXIX Addl. CMM Court, Bengaluru and the First Party undertakes to ensure that his father who is the informant in the said case, shall be physically present before the Hon'ble High Court of Karnataka and in terms of this settlement agreement, shall depose/give 'No Objection' and consent before the Hon'ble High Court, so that the case can be quashed promptly."
The joint memo appended to Crl.P.No.6421/2022 reads as follows:
"5. Since the matter is amicably settled between the parties, the 2nd Respondent herein has no objection to quash the entire proceedings pending in C.C.No.11065/2018 on the file of 37th ACMM, Bengaluru, and the entire charge sheet in C.C.No.11065/2018, and the FIR No.493/2016 before the HSR Layout Police Station Madivala Sub-Division pending on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, against the petitioners No.1 to 5 alleging commission of offences
- 17 -CRL.P No. 3716 of 2022
C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 punishable under sections 506, 34, 420, 120B, 379, 384 of the Indian Penal Code, 1860, on the basis of the complaint of the first informant i.e., the Respondent No.2.
xxxxxxx
7. In view of the said settlement, it is most respectfully prayed that this Hon'ble Court may be pleased to quash the proceedings pending in C.C.No.11065/2018 on the file of 37th ACMM, Bengaluru, and the entire charge sheet in C.C.No.11065/2018, and the FIR No.493/2016 before the HSR Layout Police Station, Madivala Sub-Division pending on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, against the Petitioners No.1 to 5 alleging commission of offences punishable under sections 506, 34, 420, 120B, 379, 384 of the Indian Penal Code, 1860"
Though the offences alleged against the petitioners in the case at hand inter alia is one punishable under Section 354C of the IPC, since it is a marital dispute
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CRL.P No. 3716 of 2022C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 between the husband and wife and other members of the family of both the husband and wife, I deem it appropriate to accept the joint memos and the affidavits appended to the concerned petitions and terminate the proceedings against the petitioners in all these petitions, as the allegations are not against the State.
5. For the aforesaid reasons, I pass the following:
ORDER
(i) The criminal petitions are disposed.
(ii) The proceedings in Crl.Misc.No.105/2016, pending on the file of the Metropolitan Magistrate Traffic Court -1, Mayo Hall, Bengaluru, in C.C.No.6108/2017, pending on the file of the III Additional Chief Metropolitan Magistrate, Bengaluru, arising out of crime No.2361/2015 and in C.C.No.11065/2018
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C/W CRL.P No. 3700 of 2022 CRL.P No. 6421 of 2022 pending on the file of XXXVII Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.
Sd/-
JUDGE NVJ