Karnataka High Court
Sri Khazi Muzaffar Ul Islam vs State Of Karnataka on 18 December, 2023
Author: Hemant Chandangoudar
Bench: Hemant Chandangoudar
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NC: 2023:KHC:46241
CRL.P No. 10411 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF DECEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 10411 OF 2023
BETWEEN:
1. SRI. KHAZI MUZAFFAR UL ISLAM,
SON OF KHAZI ZABIULLA,
AGED ABOUT 39 YEARS,
PRESENTLY R/AT NO.173,
'A' BLOCK, 10TH CROSS,
BEHIND POOJA HOTEL,
DEVARAJA ARASU LAYOUT,
SOUTHERN EXTENSION,
DAVANAGERE - 577 006.
2. SRI. KHAZI ZABIULLA,
SON OF KHAZI,
AGED ABOUT 76 YEARS,
PRESENTLY R/AT NO.173,
'A' BLOCK, 10TH CROSS,
Digitally signed by B BEHIND POOJA HOTEL,
K
MAHENDRAKUMAR DEVARAJA ARASU LAYOUT,
Location: HIGH SOUTHERN EXTENSION,
COURT OF
KARNATAKA DAVANAGERE - 577 006.
3. SMT. HASHMAT UNNISA,
WIFE OF KHAZI ZABIULLA,
AGED ABOUT 62 YEARS,
PRESENTLY R/AT NO.173,
'A' BLOCK, 10TH CROSS,
BEHIND POOJA HOTEL,
DEVARAJA ARASU LAYOUT,
SOUTHERN EXTENSION,
DAVANAGERE - 577 006.
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CRL.P No. 10411 of 2023
4. SRI. MOHAMMED ILIYAS KHAZI,
SON OF KHAZI ZABIULLA,
AGED ABOUT 42 YEARS,
PRESENTLY R/AT NO. 173,
'A' BLOCK, 10TH CROSS,
BEHIND POOJA HOTEL,
DEVARAJA ARASU LAYOUT,
SOUTHERN EXTENSION,
DAVANAGERE - 577 006.
5. SMT. SAMREEN BANU KHAZI,
WIFE OF MOHAMMED ILIYAS KHAZI,
AGED ABOUT 31 YEARS,
PRESENTLY R/AT NO. 173,
'A' BLOCK, 10TH CROSS,
BEHIND POOJA HOTEL,
DEVARAJA ARASU LAYOUT,
SOUTHERN EXTENSION,
DAVANAGERE - 577 006.
6. SRI. MOHAMMED IFTHEQAR,
SON OF KAHAZI ZABIULLA,
AGED ABOUT 46 YEARS,
PRESENTLY R/AT NO. 173,
'A' BLOCK, 10TH CROSS,
BEHIND POOJA HOTEL,
DEVARAJA ARASU LAYOUT,
SOUTHERN EXTENSION,
DAVANAGERE - 577 006.
7. SMT. NUZHATH NAZNEEN,
WIFE OF MOHAMMED IFTHEQAR,
AGED ABOUT 44 YEARS,
PRESENTLY R/AT NO. 173,
'A' BLOCK, 10TH CROSS,
BEHIND POOJA HOTEL,
DEVARAJA ARASU LAYOUT,
SOUTHERN EXTENSION,
DAVANAGERE - 577 006.
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CRL.P No. 10411 of 2023
8. SRI. JANNATHUL FIDOUS KHAZI,
WIFE OF FAZAL MAHMOOD,
AGED ABOUT 45 YEARS,
PRESENTLY R/AT NO. 119,
1ST FLOOR, CENTRAL EXCISE COLONY,
GOKUL ROAD, UDAYAMNAGAR,
HUBLI - 580 030.
9. SRI. ABUDL MUNAF,
SON OF MOHAMMED HAYATH SAB,
AGED ABOUT 64 YEARS,
PRESENTLY R/AT PRASANNA TAKEES ROAD,
CHALLAKERE, CHITRADURGA - 577 501.
...PETITIONERS
(BY SRI. MANOHARA A., ADVOCATE FOR
SRI. MADHUKAR M. DESHPANDE, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
DAVANAGERE WOMEN POLICE STATION,
REPRESENTED BY ITS PUBLIC PROSECUTOR,
HIGH COURT COMPLEX,
BENGALURU - 560 001.
2. SMT. GAZALA SULTHANA D.S.,
WIFE OF KHASI MUZAFFAR UL ISLAM,
AGED ABOUT 31 YEARS,
R/AT NO. 298/1, 4TH CROSS
1ST MAIN, SHANKAR VIHAR BADAVANE,
DAVANAGERE.
...RESPONDENTS
(BY SRI. K. NAGESHWARAPPA, HCGP FOR R1;
SRI. ANIL K.S, AVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH
THE CHARGE SHEET FILED BY RESPONDENT NO.1 POLICE i.e.,
DAVANAGERE WOMEN P.S., DAVANAGERE IN C.C.NO.426/2023
AGAINST THE PETITIONERS (ANNEXURE-C) FOR THE OFFENCES
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CRL.P No. 10411 of 2023
P/U/S 34, 114, 323, 417, 419, 420, 498A, 504, 506 OF IPC AND
UNDER SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT PENDING
ON THE FILE OF II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C. COURT,
DAVANAGERE.
THIS PETITION, COMING ON FOR REPORTING SETTLEMENT,
THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are sought to be prosecuted for the offences punishable under Sections 34, 114, 323, 417, 419, 420, 498A, 504, 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act.
2. The case of the prosecution is that the petitioners/accused subjected the de-facto complainant to cruelty, both mentally and physically and also demanded to bring money from her parental home.
3. The parties are present before this Court and have filed an application for compounding along with joint affidavit and also annexed the joint petition under Order XXIII Rule 3 of CPC read with Section 89 of CPC and Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.
4. The same is placed on record.
5. Perusal of the joint petition indicated that, the marriage of the petitioner/accused No.1 and the de-facto complainant has been dissolved mutually under Section 2(II)(IV) of the Dissolution of Muslim Marriage Act, 1939 and the petitioner/accused No.1 has paid a sum of Rs.7,50,000/-
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6. Though the offences alleged are cognizable and non compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves and respondent No.2/defacto complainant having agreed to withdraw all the allegations, it would be a futile exercise, if the petitioners/accused are subjected to trial, since the probability of conviction of the petitioners is remote and bleak. Therefore, the continuation of the criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following:
ORDER i. Criminal petition is allowed.
ii. The impugned proceedings in C.C.No.426/2023 on the file of II Additional Senior Civil Judge and JMFC at Davanagere, stands quashed.
In view of disposal of the petition, pending I.A. does not survive for consideration.
Sd/-
JUDGE MCR