Karnataka High Court
Mohammad Rameez vs The State Of Karnataka on 16 December, 2024
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NC: 2024:KHC:51811
CRL.P No. 4847 of 2021
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 16TH DAY OF DECEMBER, 2024
BEFORE
THE HON'BLE MRS JUSTICE M G UMA
CRIMINAL PETITION NO. 4847 OF 2021
BETWEEN:
1. MOHAMMAD RAMEEZ
S/O MOHAMMAD RAFEEQ
AGED ABOUT 27 YEARS
OCC: WORKING AT PRIVATE FIRM
R/AT KOTTE BAGGILLU
MOODIBIDRI
MANGALURU - 574 227
PRESENTLY R/AT -
BEHIND DAY TO DAY
ABU SHAGARAH
SHARJAH, UAE - 341 246
2. MOHAMMAD RAFEEQ
S/O BABAN SAHIB
AGED ABOUT 58 YEARS
OCC: WORKING AT PRIVATE FIRM
R/A KOTTE BAGGILLU
MOODIBIDRI - 574 227
Digitally signed MANGALURU
by NANDINI B G
Location: high
PRESENTLY R/AT BEHIND DAY TO DAY
court of ABU SHAGARAH
karnataka
SHARJAH, UAE - 341 246
3. SMT. DILSAAD BANU
W/O MOHAMMAD RAFEEQ
AGED ABOUT 48 YEARS
OCC: HOUSE WIFE
R/AT KOTTE BAGGILLU
MOODIBIDRI
MANGALURU - 574 227,
PRESENTLY R/AT - BEHIND DAY TO DAY
ABU SHAGARAH
SHARJAH, UAE - 341 246
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NC: 2024:KHC:51811
CRL.P No. 4847 of 2021
4. MUSTAQ AHAMMED
S/O AMEERULLA SAHEB
AGED ABOUT 59 YEARS
OCC: BUSINESS
R/A NO.22-11-1476-1
CHAMBERS GARDEN
BOAR MAIN ROAD, BOLAR
MANGALURU - 575 001
5. SMT. NAHEEMA PARVIN
W/O MUSTAQ AHAMMED
AGED ABOUT 44 YEARS
OCC: HOUSE WIFE
R/A NO.22-11-1476-1
CHAMBERS GARDEN
BOLAR MAIN ROAD, BOLAR
MANGALURU - 575 001
6. SMT. RUBINA
W/O ZIA UL AMEN
AGED ABOUT 25 YEARS
OCC: HOUSE WIFE
R/A KOTTE BAGGILU
MOODIBIDRI
MANGALURU - 574 227
PRESENTLY R/AT ADD OPPOSITE
DAFFODIL NURSEY
ABU SHAGARAH
SHARJAH, UAE - 341 246
...PETITIONERS
(BY SRI. DINESHKUMAR RAO .K., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA
BY MANGALURU WOMEN
POLICE STATION
MANGALURU
(REPRESENTED BY PUBLIC PROSECUTOR
HIGH COURT BUILDINGS
BENGALURU - 560 001)
2. SMT. HEENA MUSKHAN
D/O SHEIKH MUNAVAR
AGED ABOUT 21 YEARS
OCC: HOUSE WIFE
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CRL.P No. 4847 of 2021
R/A 7/19/B/1, SM ARFA
MANZIL, KOTEGBAGILU
NEAR IDGA, PRANTHYA VILLAGE
MOODBIDRI
MANGALURU - 574 227
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL.S.P.P. FOR R1
SRI. SACHIN B.S., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS AGAINST
THE PETITIONERS IN C.C.NO.377/2021, PENDING ON THE FILE OF
J.M.F.C. (III COURT), MANGALURU, D.K. (CHARGE SHEETED FOR
OFFENCE PUNISHABLE UNDER SECTIONS 498A, 504, 506 READ
WITH SECTION 34 OF IPC AND SECTION 3 AND 4 OF DOWRY
PROHIBITION ACT).
THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS
DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA
ORAL ORDER
Petitioner Nos.4 and 5 and respondent No.2 are present before the Court. They are identified by their respective counsel.
2. Petitioners and respondents have filed an application under Section 482 read with Section 320(8) of Cr.P.C. and submits that the parties have amicably settled their dispute and Khula Nama is also executed.
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3. The said application reads as under:
"The petitioners most humbly submit as follows:
1. 1. That on a complaint by respondent no.2 Heena Muskhan D/o Sheikh Munavar on 25/9/2020 before the Mangaluru Women Police Station, Mangaluru, the PSI of, Mangaluru Women Police Station, Mangaluru registered a case in their Crime No.39/2020 for the offences punishable under Sections 498A, 504,506 r/w 34 of IPC and under sections 3 and 4 of Dowry Prohibition Act, 1961 against petitioners. The respondent no.1 police after registering the FIR and complaint investigated the case and after investigation police have filed charge sheet against petitioners.
2. It is humbly submitted by Petitioners that they had preferred the above criminal petition and this Hon'ble High court by its order dated 8/7/2021 was pleased to issue notice to respondents and granted interim order of stay of the proceedings as against petitioner nos.2 to 6. It is submitted that now with the interference of elders and well-
wishers, the matrimonial dispute has been settled between the parties amicably and a "Khula Nama"(Deed of Khula) has been entered between petitioner no.1 and respondent no.2, wherein it is -5- NC: 2024:KHC:51811 CRL.P No. 4847 of 2021 aggrieved between the parties that respondent no.2 shall not press the criminal complaint in C.C 377/2021 pending on the file of JMFC III Court, Mangaluru, D.K. and legally withdraw the same and also other cases as mentioned in the aforesaid Deed (Copy of the same is produced herewith) . As such respondent no.2 does not intend to proceed with the case as against petitioners and they have no dispute between themselves and they have settled their dispute amicably.
3. Under these circumstances, the Respondent no. 2 does not intend to proceed with the case against Petitioners and she voluntarily without any undue influence as decided not to proceed with criminal case against Petitioners. That in view of the facts and circumstances Respondent no. 2 does not intend to proceed with the Criminal case and prays that this Hon'ble High Court may be pleased to permit the parties to compound and quash the proceedings against the Petitioners. The settlement arrived between the parties is without any undue influence and coercion and that respondent no.2 voluntarily settled the matter.
4. It is therefore prayed that this Hon'ble High Court may be pleased to permit Petitioners and Respondent no. 2 to compound the offences to and be pleased to quash Criminal proceedings -6- NC: 2024:KHC:51811 CRL.P No. 4847 of 2021 against the petitioners in C.C. No. 377/2021, pending on the file of JMFC III Court, Mangaluru, D.K. (Chargesheeted for offences punishable under sections 498A,504,506 r/w 34 of IPC and under sections 3 and 4 of Dowry Prohibition Act), in the interest of justice"
4. On enquiry, respondent No.2 specifically admits the terms of settlement and Khula Nama entered into between petitioner No.1 and herself. The copy of Khula Nama is produced along with the application with a request letter for Khula dated 24.09.2024.
5. Satisfied with the terms, parties are accorded to compound the offences.
6. Hence, the following:
ORDER
(i) The Criminal Petition is allowed.
(ii) The criminal proceedings initiated against the petitioners in CC No.377 of 2021 pending on the file of the learned JMFC (III Court), Mangaluru, DK, for the offences punishable under Sections 498-A, 504, 506 read with Section -7- NC: 2024:KHC:51811 CRL.P No. 4847 of 2021 34 of IPC and under Sections 3 and 4 of DP Act, is hereby quashed.
Sd/-
(M G UMA) JUDGE *bgn/-
CT:VS, List No.: 2 Sl No.: 25