Karnataka High Court
Irshad Pasha @ Anjum S/O Late Nisar Ahmed vs State Of Karnataka on 16 April, 2014
Author: Anand Byrareddy
Bench: Anand Byrareddy
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IN THE HIGH COURT OF KARNATAKA AT BANGALORE
DATED THIS THE 16TH DAY OF APRIL, 2014
BEFORE
THE HON'BLE MR. JUSTICE ANAND BYRAREDDY
CRIMINAL PETITION No.3884 OF 2012
BETWEEN:
1.IRSHAD PASHA @
ANJUM
S/O LATE NISAR AHMED
AGE: 30 YEARS
R/AT NO.7, I FLOOR,
2ND CROSS, HIDAYATHNAGAR,
K.G.HALLI,
BANGALORE 560 045
2.SMT.NAJMA @ SHAMSHAD BEGUM
W/O LATE NISAR AHMED
AGED ABOUT 65 YEARS
R/AT NO.7, I FLOOR
2ND CROSS,
HIDAYATHNAGAR,
K G HALLI
BANGALORE 560 045
3.SMT.RESHMA
W/O INAHATHULLA SHARIEF
AGED ABOUT 40 YEARS
R/AT NO.7, I FLOOR
2ND CROSS,
HIDAYATHNAGAR,
K.G.HALLI,
BANGALORE 560 045
2
4.SMT.AZARA BANU
W/O LATE RAFIQ PASHA
AGED ABOUT 38 YEARS
R/AT NO.7, I FLOOR
2ND CROSS,
HIDAYATHNAGAR,
K.G.HALLI,
BANGALORE 560 045
5.SMT.NISHATH BANU
W/O ANSAR PASHA
AGED ABOUT 31 YEARS
R/AT NO.7, I FLOOR
2ND CROSS,
HIDAYATHNAGAR,
K.G.HALLI,
BANGALORE 560 045 ..PETITIONERS
(BY SRI.A.S.KULKARNI, ADVOCATE)
AND:
1.STATE OF KARNATAKA
BY TILAKNAGAR POLICE STATION
BANGALORE
2.SMT.HAJIRA SHEREEN
W/O IRSHAD PASHA @ ANJUM
AGE: 26 YEARS
R/AT NO.14/5,
GROUND FLOOR,
30 E CROSS,
ROSHAN COLONY,
TILAK NAGAR
BANGALORE ..RESPONDENTS
(BY SRI.B.J.ESHWARAPPA, HCGP FOR R-1,
SRI.A.MOHD.MASIHUDDIN, ADVOCATE FOR R-2)
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This Crl.P is filed u/s.482 Cr.P.C by the advocate
for the petitioners praying that this Hon'ble court may
be pleased to quash the criminal proceedings and the
F.I.R against the petitioners/accused no.1 to 5 in the
Tilaknagar P.S., in Crime No.222/2011
(C.C.no.15892/2012) for the alleged offence punishable
under section 498-A, 506, 323 of IPC and section 3 & 4
of Dowry Prohibition Act on the file of the II Addl. Chief
Metropolitan Magistrate, Bangalore city.
This petition coming on for admission this day, the
Court passed the following:-
ORDER
The counsel for petitioners and respondent are present. Counsel for the petitioners and respondent have filed a joint memo along with the parties, who are present before the court. The Joint memo reads as follows:
"1. The petitioner No.1 was husband and the Respondent No.2 was his wife. On 08.02.2007 their marriage was solemnized at Bangalore as per the Mohammedan Law. On 09.10.2012 the marriage between the Petitioner No.1 and the Respondent No.2 was 4 dissolved by way of `Khula' as per the Mohammed Law.
2. We submit that on 13.08.2011 at 17.00 Hours an F.I.R in the Tilaknagar Police Station Crime 222/2011 was registered against Accused No.1 Irshad Pasha @ Anjum; his mother A-2. Smt.Najma @ Shamshad Begum and his three sisters, A-3 Smt.Reshma, A-4 Smt.Azra Banu and A-5 Smt.Nishat Banu for the alleged offence punishable under Section 498-A, 506, 323 of Indian Penal Code on the file of the learned II Addl. Chief Metropolitan Magistrate, Bangalore, on the Complaint of the Respondent No.2 Smt.Hajira Sheerin.
3. We submit that, at the intervention of the well wishers and elderly persons the matter between the petitioners and the respondent No.2 was amicably settled out of Court. Accordingly, on 09.10.2012 the marriage 5 between the Petitioner No.1 and the Respondent No.2 was dissolved by way of `Khula' as per the Mohamedan Law. The Deed of Dissolution of Marriage by Khula was executed on 17.01.2013.
4. We submit that, in view of the compromise arrived at between the petitioners and the respondent No.2 complainant; the respondent No.2 wants to withdraw the case registered against the petitioners on her complaint. No purpose will be served by continuing the proceedings against the petitioners. This Hon'ble Court has power to quash the proceedings.
5. We submit that the Petitioner No.1 has agreed that the daughter of the petitioner No.1 and the Respondent No.2 Baby Syeda Arfa Fathima, now aged about 6 years is in the care and custody of Respondent No.2 and the 6 Petitioner No.1 will not claim the custody of his daughter.
6. We submit that the petitioner No.4 Smt.Azara Banu during pendency of this case, died on 28.12.2012".
In the light of the decision of Apex Court in the case of Gian Singh Vs State of Punjab and anr reported in (2012) 10 SCC 303, the joint memo is placed on record and in the interest of parties the proceedings before the court in Crime No.222/2011 (C.C.No.15892/2012) stands quashed.
Sd/-
JUDGE SBN