Karnataka High Court
Mahammedyonus S/O.Imamhusen Gaded vs The State Of Karnataka on 23 November, 2021
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 23RD DAY OF NOVEMBER, 2021
BEFORE
THE HON'BLE MRS.JUSTICE M.G.UMA
CRL.P.NO.101695/2021
BETWEEN :
1. MAHAMMEDYONUS S/O IMAMHUSEN GADED
AGE. 28 YEARS, OCC. SERVICE,
NOW R/O. FLAT NO. B202,
VICTORY HARMONY APARTMENTS,
SSA ROAD, NEAR SUMANGALI
SEVA ASHRAM, AMARJYOTI NAGAR,
CHOLANAYAKANAHALLI COLONY,
R. T NAGAR, BENGALURU 560032.
2. PARVINBEGUM W/O IMAMHUSEN GADED
AGE: 56 YEARS, OCC. HOUSEWIFE,
R/O. 2305/1, WARD NO.05, VIDYANAGAR,
HUNAGUND, TALUKA HUNAGUND,
DIST. BAGALKOT 587118,
3. IMAMHUSEN S/O GULAMSAB GADED
AGE: 64 YEARS, OCC. AGRICULTURE,
R/O. 2305/1, WARD NO.05, VIDYANAGAR,
HUNAGUND, TALUKA HUNAGUND,
DIST. BAGALKOT 587118.
4. MAHAMMADAZARUDDIN
S/O IMAMHUSEN GADED
AGE: 34 YEARS, OCC. AGRICULTURE,
R/O. 2305/1, WARD NO.05, VIDYANAGAR,
HUNAGUND, TALUKA HUNAGUND,
DIST. BAGALKOT 587118.
5. WASIMAKRAM S/O IMAMHUSEN GADED
AGE: 32 YEARS, OCC. AGRICULTURE,
R/O. 2305/1, WARD NO.05,
MAHANTA NAGAR, HUNAGUND,
2
TALUKA HUNAGUND,
DIST. BAALKOT 587118.
6. REHANA W/O JAFAR HUSAIN SHEKH
AGE: 37 YEARS, OCC. HOUSEWIFE,
R/O. FLAT NO.23, 6TH FLOOR,
G WING, TULIP CHS LTD.,
S V ROAD, NEW COLONY KHOJGAON,
NEAR PANVELKAR GARDEN,
AMBERNATH NETAJI BAZAR,
AMBERNATH WEST, DIST. THANE,
MAHARASHTRA 421505.
... PETITIONERS
(BY SRI SHIVAPRASAD J.JOSHI, ADV. FOR
SRI RAVIRAJ C.PATIL, ADV.)
AND
1. THE STATE OF KARNATAKA
THROUGH SAVADATTI P.S,
REPRESENTED BY, THE HCGP,
HIGH COURT OF KARNATAKA,
DHARWAD-580001.
2. SAMREEN W/O MAHAMMADYONUS GADED
AGE. 26 YEARS, OCC. HOUSEWIFE,
R/O. 2305/1, WARD NO.05, VIDYANAGAR,
HUNAGUND, TALUKA HUNAGUND,
DIST. BAGALKOT 587118.
... RESPONDENTS
(BY SRI PRAVEEN K.UPPAR, HCGP FOR R.1
SMT.PADMAJA S.TADAPATRI, ADV. FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CIVIL PROCEDURE SEEKING TO QUASH THE
FIR REGISTERED IN SAVADATTI P.S.CR.NO.167/2021 PENDING
BEFORE THE PRINCIPAL CIVIL JUDGE AND JMFC SAVADATTI,
BELAGAVI, REGISTERED FOR THE OFFENCES PUNISHABLE U/S
498A, 504, 506, 323 AND 149 OF IPC AND U/S 3 AND 4 OF
DOWRY PROHIBITION ACT AND CONSEQUENTLY QUASH THE
ENTIRE PROCEEDINGS IN C.C.NO.2157/2021 PENDING BEFORE
THE PRINCIPAL CIVIL JUDGE AND J.M.F.C SAUNDATTI IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION COMING ON FOR ORDERS THIS DAY, THE
COURT MADE THE FOLLOWING:
3
: ORDER :
Petitioners-Accused Nos.1 to 6 are before this Court seeking to quash the criminal proceedings initiated against them in Crime No.167/2021 of Saundatti Police Station registered for the offence punishable under Section 498A, 504, 506 323 read with section 149 of the Indian Penal Code ("IPC" for short) and under Section 3 and 4 of Dowry Prohibition Act ("DP Act" for short), which is now pending in C.C.No.2157/2021 before the Principal Civil Judge & JMFC Court at Saundatti ("the Trial Court" for short).
2. When the matter was taken up for hearing, learned counsel for both the parties submitted that, the dispute between the parties is settled at the intervention of the elders and the parties i.e., the informant/wife and accused No.1 being her husband are residing together. They also submitted that both the parties are present before the Court. 4
3. Learned counsel also submitted that even though the offence under Section 498A is non- compoundable, in view of the decision of the Hon'ble Supreme Court in Gain Singh Vs. State of Punjab and another1, the petitioners may be permitted to compound the offence in view of the settlement arrived at between the parties. They also pray that the criminal proceedings initiated against the petitioners may be quashed.
4. The informant Smt.Samareen Mahammadyonus Gaded and accused No.1 Sri Mahammadyonus Gaded are present before the Court. Both of them were identified by their respective counsels. On questioning, both of them have stated that, they have settled their disputes amicably and they are residing together since 5-6 months, without any difference of opinion. The informant Smt.Samareen Gaded also stated that, she has no objection to quash the criminal proceedings initiated 1 (2012) 10 SCC 303 5 against accused No.1 to 6, on the basis her first information lodged with Saundatti Police.
5. The contents of the joint memo filed by both the parties through their counsel are admitted by the informant and accused No.1. The Joint memo filed by the parties reads as under;
"Herein the petitioners/accused and the respondent/complaint most respectfully submits as under:
1. It is submitted that, the Complainant/ Respondent no.2 had registered an F.I.R. in Saundatti P.S.Cr.No.167/2021 complaint before the Saundatti Police Station against the Petitioners/Accused for the offences punishable u/s 498A, 504, 506, 323 and 149 of I.P.C. and u/s 3 and 4 of Dowry Prohibition Act.
2. it is submitted that, the above mentioned F.I.R. was registered by the Respondent no.02 in a fit of rage on some minor dispute.
3. The Saundatti Police have filed charge sheet against the petitioners and the case is now numbered as C.C.2157/2021 pending before the Principal Civil Judge and J.M.F.C. Saundatti.6
4. It is submitted that, being aggrieved by the same, the Accused/Petitioners have preferred the present Criminal petition before this Court.
5. It is submitted that, with the intervention of elders and well wishers of the Petitioners as well as the Respondent no.02, the petitioner no.01 and respondent no.02 have resolved all their disputes and are leading a happy material life with each other.
6. It is submitted that, petitioner no.01 and the Respondent No.02 have a two year old girl child named Liba and the Respondent no.02 is now three months pregnant with their second child and they both wish to lead their marital life happily. In view of the above mentioned developments, the present compromise is being entered into on following terms and conditions:
a. The Petitioners/Accused agree that there would be no trouble from their side to the respondent no.02 and that they would lead a happy and peaceful life with each other.
b. The petitioner no.01/Accused no.01 and the Complainant/ Respondent no.02 hereby would lead the rest of their life in a peaceful and happy 7 manner as husband and wife without any sort of trouble or disturbance in their marital life.
c. The petitioner no.01/Accused no.1 agrees to take utmost care of the respondent no.02, their two year old child and the second expected child. The complainant also hereby prays that the present criminal petition be allowed to facilitate them to lead a happy, loving and peaceful marital life.
d. The complainant/respondent no.02 in view of the resolution of all the disputes between her and her husband/ petitioner no.01 states that she would withdraw the Crl.Misc.142/2021 filed for offence punishable u/s 12 of D.V.Act and Crl.Misc.143/2021 filed u/s 125 of Cr.P.C. both pending before the Principal Civil Judge and J.M.F.C Saundatti hereby prays that, the Present Criminal petition filed by the petitioners may kindly be disposed off as settled between the parties.
Therefore, the Hon'ble Court may kindly be pleased to permit the petitioner and respondent to 8 compound the present proceedings by accepting the present compromise petition and acquit the petitioners by quashing the F.I.R. in Saundatti P.S.Cr.No.167/2021 and consequently the charge sheet and proceedings in C.C.No.2157/2021 pending before the Principal Civil Judge and J.M.F.C. Saundatti in the interest of justice and equity."
6. On enquiring with the informant and on going through the contents of the joint memo, I am of the view that the dispute between the parties who are husband and wife and family members of the husband is amiably settled and the couple are residing together without any difference of opinion. The term of the joint memo extracted above is in accordance with law. Even though Section 498A of IPC is non- compoundable, I deem it proper to permit the parties to compound the offence, looking to the relationship they are having. The reliance is placed on decision of the Hon'ble Apex Court in Gain Singh (supra) to 9 preserve the family and to support the union of the husband and wife.
7. In view of the same, there is no impediment in accepting the terms of the joint memo. In view of the above, I proceed to pass the following :
: ORDER :
The criminal petition is hereby allowed.
The criminal proceedings initiated against the petitioners, in Crime No.167/2021 of Saundatti Police Station pending in C.C.No.2157/2021 on the file of the Trial Court for the offences punishable under Sections 498A, 504, 506, 323 and 149 of IPC and under Sections 3 and 4 of D.P.Act is hereby quashed.
Sd/-
JUDGE EM