Karnataka High Court
Asif Mawaz Khan vs State By on 23 June, 2022
Author: M. Nagaprasanna
Bench: M. Nagaprasanna
1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 23RD DAY OF JUNE, 2022
BEFORE
THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
CRIMINAL PETITION No.7429 OF 2021
BETWEEN
1. ASIF MAWAZ KHAN
AGED ABOUT 44 YEARS
S/O FAYAZ AHAMMAD
2. RIHANA BEGUM
AGED ABOUT 64 YEARS
W/O FAYAZ AHAMMAD
3. FAYAZ AHAMMAD
AGED ABOUT 76 YEARS
S/O LATE T ABDUL RAWOOF KHAN
SL.NO.1, 2 & 3 ARE RESIDING AT
Y.T. ROAD, TURUVEKERE
TUMUKURU DISTRICT - 572 227
... PETITIONERS
[BY SRI. MOHAMMED UMMAR FAROOQ, ADV]
AND
1. STATE BY WOMEN POLICE STATION
SHIMOGA
REP. BY THE SPECIAL PUBLIC PROSECUTOR
HIGH COURT OF KARNATAKA
BENGALURU - 560001
2
2. ASFIYA KHANUM
W/O ASIF NAWAZ KHAN
AGE BY MAJOR
2ND CROSS, MILAGHATTA,
SHIMOGA CITY
SHIMOGA DISTRICT - 577201
... 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 CHARGE SHEET IN
C.C.NO.1384/2021 (CR.NO.36/2021) BY THE FIRST
RESPONDENT POLICE ON THE FILE OF THE LEARNED
JMFC 2 COURT, SHIVAMOGGA, AGAINST THE
PETITIONERS HEREIN FOR THE OFFENCE P/U/S 498A,
506, 504 R/W 34 OF IPC.
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.1384/2021, registered for offences punishable under Sections 498A, 506 and 504 read with Section 34 of IPC.
2. The parties to the lis have entered into a settlement amongst themselves and have executed a Khulanama deed, which inter alia recognizes the closure 3 of the present proceedings. The terms and conditions in Khulamana deed insofar as it germane to the present lis, reads as follows:
"09. The first party as filed a case before Hon,Ble JMFC II Court at Shimoga in CC No.1384/2021 under 498A of IPC and C.Mis No.24/2021 under domestic violence act against the second party and against his family members, it shall be withdrawn on same day of this "Khulanama".
10. If the second party has filed any case /petition/complaint against the first party or against her family members, if shall be withdrawn within two days of this "Khulanama".
11. The first party is seeking "Khula" from the second party and the second party is accepting the "Khula" of the first party in presence of the witnesses.
2. Without any body's pressure, force, undue influence and coercion, the first party is seeking the Khula with the second party and the second party is also accept and consenting the Khula 4 without anybody's pressure, force, undue influence and coercion.
13. The first party or her family members shall not interfere into any matters or create problems to the second party or his family members in future.
14. The second party or his family members shall not interfere into any matters or create problems to the first party or her family members in future.
15. The first party in future shall not claim any maintenance from the second party in any form."
3. The complainant - respondent No.2 remains unrepresented despite being served of notice from the hands of this Court.
4. In the light of the settlement arrived at as afore-quoted, I deem it appropriate to terminate the proceedings, qua the petitioners, as the offences alleged against the petitioners are ones punishable under Sections 498A, 506 and 504 of IPC and not against the State.
5
5. For the aforesaid reasons, the criminal petition is disposed. The proceedings in C.C.No.1384/2021 on the file of the JMFC 2nd Court, Shimoga District, Shimoga stand quashed.
Sd/-
JUDGE KG