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Mohammed Ali vs M Beebijan on 26 July, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 26TH DAY OF JULY 2018

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.5581 OF 2018

BETWEEN:

1. Mohammed Ali
S/o.Hussain Sab
Aged about 34 years
Dodda Ullarthy Village
Challakere Taluk
Chitradurga District
Pin Code NO.577522

2. Hussain Sab
S/o.Imam SAb
Aged about 53 years
Dodda Ullarthy Village
Challakere Taluk
Chitradurga District
Pin Code No.577522.

3. Rasul Bee
W/o.Hussain Sab
Aged about 50 years
Dodda Ullarthy Village
Challakere Taluk
Chitradurga District
Pin Code No.577522.

4. Ghouse Peer
S/o.Late Imam Sab
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Aged about 38 years
Aged about 53 years
Dodda Ullarthy Village
Challakere Taluk
Chitradurga District
Pin Code No.577522.

5. Rahamath
S/o.Hussain Sab
Aged about 30 years
Aged about 53 years
Dodda Ullarthy Village
Challakere Taluk
Chitradurga District
Pin Code No.577522. …..Petitioners

(By Sri C.N.Raju, Adv.)

AND:

1. M.Beebijan
D/o.Malik Rehman Sab
Aged about 30 years
Residing at No.2014/C, 3rd Main
Pipelinen Road, Kalyana Nagar
T.Dasharalli
Pin Code NO.560057.

2. State by Peenya Police
Bangalore, represented by
SPP High Court of Karnataka
At Bangalore
Pin Code NO.560 001. …Respondents

(By Sri H.J.Nandakumar, Adv. for R1,
Smt.Namitha Mahesh B.G, HCGP for R1)
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This Criminal Petition is filed under Section 482 of
the Cr.P.C. praying to quash the charge sheet filed
against the petitioners in CC No.14709/2009 pending
on the file of the VII ACMM, Bangalore arising out of
Cr.No.77/2009 of Peenya Police by allowing this
petition.

This Criminal Petition coming on for Admission
this day, the Court made the following:

ORDER

Petitioner no.1- Sri Mohammad Ali is present

along with his counsel Sri C.N.Raju. Respondent no.1-

Smt.M.Beebijan is also present and on her behalf Sri

Nandakumar N, Advocate seeks leave to enter

appearance. Learned counsel is permitted to file

vakalath with the Registry.

2. The parties have presented an application

under Section 482 read with Section 320 of Cr.PC.

3. The FIR is registered against the petitioners

based on the complaint lodged by respondent no.1 for

the offence under Section 498A R/w.34 of IPC. The

respondent no.1 has stated that, she has withdrawn all
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the allegations made against petitioner no.1 and as well

as other petitioners who are the relatives of petitioner

No.1 and has stated that at the intervention of the

family members and elders, they have arrived at the

above compromise, hence, she seeks to dismiss the

complaint and to quash the proceedings initiated

against the petitioners herein.

4. It is seen from the records that the

complainant has not levelled any specific allegations

against petitioner nos. 2 to 5 in the complaint. Merely

on account of relationship with petitioner no.1, they

have been roped in the alleged offence. Hence,

respondent no.1 having withdrawn all the allegations

made against petitioner no.1, there is no impediment to

accept the compromise.

5. Pursuant to the settlement, petitioner no.1

and respondent no.1 are continuing with their

relationship as husband and wife. This settlement is in

the interest of all the parties and is intended to resolve
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bickerings between the parties. Hence, the joint memo

filed, is accepted.

6. The petition is allowed. Consequently, the

proceedings initiated against the petitioners in

C.C.No.14709/2009 presently pending on the file of 45th

Addl. CMM Court, Bengaluru are hereby quashed.

Sd/-

JUDGE

Sk/-PN

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