Karnataka High Court
Ameer Jaffar S/O A Md Ibrahim Sab vs The State Of Karnataka on 5 September, 2023
Author: M.Nagaprasanna
Bench: M.Nagaprasanna
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NC: 2023:KHC-D:10089
CRL.P No. 100871 of 2021
IN THE HIGH COURT OF KARNATAKA, DHARWAD
BENCH
DATED THIS THE 5TH DAY OF SEPTEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 100871 OF 2021
BETWEEN:
1. SHRI. AMEER JAFFAR S/O A. MD. IBRAHIM SAB,
AGED ABOUT 62 YEARS, OCC: BUSINESS,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
2. SMT. HAMEEDA BHANU W/O AMEER JAFFAR,
AGED ABOUT: 60 YEARS, OCC: HOUSEHOLD,
R/O ALURU, TQ: ALURU,
VISHAL DIST: KURNOOL,
NINGAPPA ANDHRA PRADESH-518395.
PATTIHAL
3. SHRI. CHAND BASHA @ A.MD. USMAN SAB
S/O IBRAHIM, AGED 57 YEARS, OCC: BUSINESS,
Digitally signed by
VISHAL NINGAPPA R/O ALURU, TQ: ALURU,
PATTIHAL DIST: KURNOOL,
Date: 2023.09.16 ANDHRA PRADESH-518395.
12:09:59 +0530
4. SMT. HALEEMA W/O CHAND BASHA @ MD. USMAN
SAB, AGED 60 YEARS, OCC: HOUSEHOLD,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
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NC: 2023:KHC-D:10089
CRL.P No. 100871 of 2021
5. SHRI. ISMAIL S/O AMEER JAFFAR,
AGED ABOUT 57 YEARS, OCC: BUSINESS,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
6. SHRI. MALLIKA W/O ISMAIL,
AGED 47 YEARS, OCC: HOUSEHOLD,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
7. SMT. ANJUM @ ALUR NAZREEN ANJUM W/O SYED
ABDUL BASHA, AGED 27 YEARS, OCC: HOUSEHOLD,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
8. SHRI. ISHAQ S/O AMEER JAFFAR,
AGED ABOUT 50 YEARS, OCC: BUSINESS,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
9. SMT. RESHMA W/O ISHAQ,
AGED ABOUT 42 YEARS, OCC: HOUSEHOLD,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
10. SMT. ASIYA @ ASIYA BEGUM, W/O SOUDHAGAR.MD,
AGED 53 YEARS, OCC: HOUSEHOLD,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
11. SHRI. S. MOHAMMED NOOR, S/O MD. YUSUFF,
AGED 57 YEARS, OCC: BUSINESS,
R/O ALURU, TQ: ALURU,
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NC: 2023:KHC-D:10089
CRL.P No. 100871 of 2021
DIST: KURNOOL,
ANDHRA PRADESH-518395.
12. SMT. FAREREDA @ FAREEDA BEGUM
W/O R.MD.ISHAQ, AGED 51 YEARS,
OCC: HOUSEHOLD, R/O ALURU, TQ: ALURU,
DIST: KURNOOL, ANDHRA PRADESH-518395.
13. SHRI. ISAK @ R.MD. ISHAQ S/O R.MD.USMAN,
AGED 55 YEARS, OCC: BUSINESS,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
14. SMT. NAJEEMA @ MOHAMMED ABDUL NAZIMA
W/O M.A.BASITH, AGED 50 YEARS, OCC: HOUSEHOLD,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
15. SHRI. BASITH @ M.A.BASITH, S/O M.A.KHAYYUM,
AGED 57 YEARS, OCC: BUSINESS,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
16. SMT. REHANA W/O SYED AZAM,
AGED 42 YEARS, OCC: HOUSEHOLD,
R/O HOSAPETE, TQ: HOSAPETE,
DIST: BALLARI-583201.
17. SHRI. UMAR @ MD. UMAR BASHA
S/O A.MD. USMAN BASHA @ CHAND BASHA,
AGED 33 YEARS, OCC: BUSINESS,
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
18. SMT. A.MALAN BEE W/O A.MD.IBRAHIM SAB,
AGED 72 YEARS, OCC: HOUSEHOLD,
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NC: 2023:KHC-D:10089
CRL.P No. 100871 of 2021
R/O ALURU, TQ: ALURU,
DIST: KURNOOL,
ANDHRA PRADESH-518395.
... PETITIONERS
(BY SRI. SABEEL AHMED, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
R/BY ITS STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA, DHARWAD-580008,
THROUGH PSI, HARAPANAHALLI POLICE STATION.
2. SMT. LUBIYANA W/O. IBRAHIM SEET,
AGE: 26 YEARS, OCC: HOUSEHOLD,
R/O. 4TH WARD, PATANGERI,
TQ: HARAPANAHALLI,
DIST: BALLARI-583131.
... RESPONDENTS
(BY SRI. V.S. KALASURMATH, HCGP FOR R1;
SRI. RAKESH .S. HATTIKATAGI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C., SEEKING TO QUASH THE PRIVATE COMPLAINT
FILED BY THE RESPONDENT NO.2 IN P.C.R.NO.95/2019
PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC,
HARAPANAHALLI AS PER ANNEXURE-A AND THE
IMPUGNED FIR REGISTERED BY THE RESPONDENT NO.1
IN CRIME NO.195/2019 OF HARAPANAHALLI POLICE
STATION FOR THE OFFENCES PUNISHABLE UNDER
SECTIONS 498A, 323, 324, 307, 320, 339, 350, 351,
354B R/W 149 OF IPC AS PER ANNEXURE-C AS AGAINST
THE PETITIONERS / ACCUSED NO.2 TO 19.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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NC: 2023:KHC-D:10089
CRL.P No. 100871 of 2021
ORDER
1. The petitioners in this case calling in question the proceedings in PCR No.95/2019 pending on the file of the Civil Judge & JMFC, Harapanahalli and the impugned FIR registered by respondent No.1 in Crime No.195/2019 of Harapanahalli Police Station registered for the offences punishable under Sections 498A, 323, 324, 307, 320, 339, 350, 351, 354B read with Section 149 of the IPC.
2. Heard the learned counsel Shri Sabeel Ahmed appearing for the petitioners; learned HCGP Shri V.S. Kalasurmath appearing for respondent No.1; & learned counsel Shri Rakesh S.Hattikatagi appearing for respondent No.2.
3. During the pendency of the proceedings, the parties to the lis have settled the dispute amongst themselves and drawn up certain conditions of settlement, which accompanies an affidavit of the complainant. The contents of the application in Crl.P. No.102110/2023 reads as follows:
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NC: 2023:KHC-D:10089 CRL.P No. 100871 of 2021 "3. Such being the case the Petitioner and Respondent No.2 herein in view of their future life they both with intervention of elders of both the families respectively arrived at settlement and decided to live together happily by ending up their all allegations and complaints against each other and against their family members respectively and they want to live in peace and harmony without any future grievances against each other, hence for the above mentioned reason parties before this Hon'ble Court may kindly be permitted to compromise their case and this petition may kindly be allowed as prayed by the petitioner in view of settlement arrived by the all the parties.
4. It is further submitted that, after above complaint and FIR the Petitioner and Respondent No.2 long back ago arrived at settlement and she joined her matrimonial home on 18-06-2022 i.e., 1 year 4 months before this compromise petition and it further submitted that they both are living happily and she also conceived her pregnancy and now she is in care and custody of petitioner herein considering this fact also this Hon'ble Court be pleased to permit the petitioners to compromise and allow this petition.
5. It is further submitted that, Petitioner and Respondent No.2 herein are tender age persons and they want to live together now by ending up all their -7- NC: 2023:KHC-D:10089 CRL.P No. 100871 of 2021 allegations in light of this aspect also this compromised taken place to avoid further litigation and problems in their future life, hence in this count also this petition may kindly be allowed.
6. It is further submitted that, on the above mentioned conditions and to live their future life happily this compromise taken place as convinced by elders of both the families and they now want to live together as they were earlier and it is further submitted that Respondent No.2 already joined petitioner family and they are living happily considering this facts also this petition may kindly be allowed."
4. The applications supported by respective affidavits of the complainant and the petitioners.
5. Though the offence, inter alia being one punishable under Section 307 of the IPC, but the issue between the husband and wife and the fact that they are reunited and living together. I deem it appropriate to accept the application seeking compounding of the offences and to close the proceedings against the petitioners. For the aforesaid reasons, the following: -8-
NC: 2023:KHC-D:10089 CRL.P No. 100871 of 2021 ORDER
(i) The petition is disposed off;
(ii) The proceedings in PCR No.95/2019 pending on the file of the Civil Judge & JMFC, Harapanahalli and the impugned FIR registered by respondent No.1 in Crime NO.195/2019 of Harapanahalli Police Station registered for the offences punishable under Sections 498A, 323, 324, 307, 320, 339, 350, 351, 354B read with Section 149 of the IPC stands quashed.
Sd/-
JUDGE vnp*/ct:bck List No.: 1 Sl No.: 93