Karnataka High Court
Sayed Gayas Mohiuddin vs State By Devaraja Sub-Division on 9 August, 2024
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2024:KHC:32037
CRL.P No. 10813 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 9TH DAY OF AUGUST, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 10813 OF 2023
BETWEEN:
1. SAYED GAYAS MOHIUDDIN
S/O SYED ALTAF MOHIUDDIN
AGED ABOUT 33 YEARS,
DO.NO. 423, 1ST CROSS,
N.E. OF N.R.MOHALLA,
MYSURU - 570 007.
2. SYED ALTAF MOHIUDDIN
S/O LATE SYED ABDUL HAMEED
AGED ABOUT 68 YEARS,
DO.NO. 423, 1ST CROSS,
N.E. OF N R MOHALLA,
MYSURU - 570 007.
Digitally signed by
NAGAVENI
Location: HIGH 3. SYEDA SUFIYA
COURT OF
KARNATAKA W/O SYED ALTAF MOHIUDDIN
AGED ABOUT 58 YEARS,
DO.NO.423, 1ST CROSS,
N.E. OF N R MOHALLA,
MYSURU - 570 007.
4. SYEDA ZUBERA RIDA
D/O SYED ALTAF MOHIUDDIN,
AGED ABOUT 35 YEARS,
DO.NO. 423, 1ST CROSS,
N.E. OF N R MOHALLA,
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NC: 2024:KHC:32037
CRL.P No. 10813 of 2023
MYSURU - 570 007.
...PETITIONERS
(BY SRI. JAGADEESH C.M., ADVOCATE)
AND:
1. STATE BY DEVARAJA SUB-DIVISION
MYSURU CITY/ WOMEN POLICE, MYSURU
REPRESENTED BY PUBLIC PROSECUTOR,
STATE OF KARNATAKA, H.C BUILDING,
BENGALURU - 560 001.
2. ALMAS FATHIMA
W/O SAYED GAYAS MOHIUDDIN,
D/O ABDUL AKBAR
AGED ABOUT 30 YEARS,
NO. 104, 2ND CROSS,
GOPALA PURA ROAD, HIRIYUR,
CHITRADURGA, KARNATAKA.
PIN CODE:577 598.
...RESPONDENTS
(BY SMT.SOWMYA R., HCGP FOR R-1;
SRI R.OTHWAL, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF CR.P.C., PRAYING TO QUASH THE FIR IN CR.NO.146/2023
REGISTERED BY THE 1St RESPONDENT MYSURU CITY WOMEN
POLICE STATION, MYSURU ON THE WRITTEN COMPLIANT OF
2nd RESPONDENT (ALMAS FATHIMA) AGAINST THE PETITIONER
FOR THE OFFENCEs P/U/S.498-A, 417, 506 R/W SEC.34 OF IPC
AND SEC.3 AND 4 OF DP ACT PENDING ON THE FILE OF THE
HONBLE VII ADDITIONAL JUNIOR CIVIL JUDGE AND JMFC
MYSURU.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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NC: 2024:KHC:32037
CRL.P No. 10813 of 2023
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question the proceedings in Crime No.146 of 2023 pending before the VII Additional Junior Civil Judge and JMFC, Mysuru, registered for the offences punishable under Sections 498A, 417, 506 r/w Section 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard Sri Jagadeesh C M, learned counsel for the petitioners, Smt Sowmya R, learned High Court Government Pleader for respondent No.1 and Sri R Kothwal, learned counsel for respondent No.2.
3. The 1st petitioner is the husband and other petitioners are his family members. Respondent No.2 is the wife of 1st petitioner. The parties to the lis have arrived at settlement by execution of deed of dissolution of marriage by way of khula.
4. The declaration of khula by mutual consent recognizes the acceptance of the parties for closure of the criminal -4- NC: 2024:KHC:32037 CRL.P No. 10813 of 2023 proceedings. The terms and conditions of the Joint Memo filed by the parties to the lis reads as follows:
"1. It is humbly submitted that petitioner No.1 and Respondent No.2 are husband and wife having been married on 20th November 2022 as per Sharia. The Petitioners herein have filed the above mentioned Crl.R.P. praying for quashing the FIR in Cr.No.146/2023 registered on the complaint of Respondent No.2 for the offences U/Ss. 498, 417 and 506 R/w. Sec. 34 of IPC & U/Ss. 3 and 4 of DP Act by Mysuru City Women PS and the said FIR is pending on the file of VII Addl. Senior Civil Judge and JMFC, Mysuru.
2. That petitioner No.1 is pursuing his PhD. In Technical University at Freiburg, Germany and he is staying there. The petitioner No.2 to 4 who are A2 to A4 are in laws and they are on bail. The said Crime is at FIR stage before the Trial Court.
3. That during the pendency of this Crl. Petition, the complainant-Respondent NO.2 herein evinced her interest to get the marriage dissolved by KHULA and upon her application to IDARA E SHARIAH, Jamia Masjid, Malleshwaram, Bengaluru her marriage with the 1st petitioner was dissolved on 27th July 2024 by way of KHULA via Video Conferencing in the presence of witnesses from both side; and a certificate of Dissolution of Marriage by Khula has been issued by the said IDARA. Now, there exists no relationship of Husband and Wife between the 1st petitioner and the 2nd Respondent.
4. That after dissolution of marriage, the Respondent No.2- wife and her side agreed to submit NO OBJECTION for allowing this petition, by this Honourable Court; and accordingly, the Respondent No.2 has submitted statement of NO OBJECTION for quashing the FIR against all the accused petitioners herein. It was orally agreed between the parties to exchange the articles, clothes and jewels between the parties.
Therefore, in view of the above facts, it is humbly submitted jointly by both parties that the matter may be -5- NC: 2024:KHC:32037 CRL.P No. 10813 of 2023 disposed of as prayed for in this petition, in the interest of justice and equity."
In the light of the settlement arrived at between the parties by way of khula, I deem it appropriate to obliterate the proceedings initiated against the petitioners, as the allegations are not against the State.
5. For the afore-stated reasons, the following:
ORDER
(i) The Criminal Petition is disposed.
(ii) The proceedings in Crime No.146 of 2023 pending before the VII Additional Junior Civil Judge and JMFC, Mysuru, stands quashed.
Consequently, I.A.No.1 of 2024 stands disposed.
Sd/-
(M.NAGAPRASANNA) JUDGE BKP List No.: 1 Sl No.: 46