1
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 7TH DAY OF DECEMBER 2017
BEFORE
THE HON’BLE MR JUSTICE K N PHANEENDRA
CRIMINAL PETITION Nos.6598/2017 c/w 9540/2017
CRL.P.6598/2017
Between:
1. MOHAMMED BIL ALI
S/O ALI BIN ABUBAKAR
AGED ABOUT 60 YEARS
OCC: PENSIONER.
2. RAFEEQUA SULTANA
W/O MOHAMMED BIL ALI
AGED ABOUT 60 YEARS
OCC: HOUSEW2IFE
PETITIONERS 1 AND 2 ARE
R/O H.NO.13-1-183/1/A, PLOT NO.72
SNEHAPURI COLONY
MOTINAGAR,ERAGADDA
HYDERABAD – 18. … PETITIONERS
(BY SRI NAVEED AHMED, ADV)
AND
1. STATE OF KARNATAKA
REP. BY SPP HIGH COURT OF
KARNATAKA, BANGALORE-560 001.
2. TARANUM IQBAL S.M.
2
D/O SYED IQBAL HUSSAIN
W/O NASAR MOHAMMED
AGED ABOUT 28 YEARS
OCC: HOUSEWIFE
R/O AT D2, DS MAX APARTMENT
L R BANDE MAIN ROAD
R T NAGAR POST
BANGALORE – 560032. … RESPONDENTS
(BY SRI MOHAMMED OWAIL SULTAN, ADV. FOR R.2)
THIS PETITION IS FILED U/S.482 CR.P.C. PRAYING
TO QUASH THE CASE IN C.MISC.NO.84 OF 2017 ON THE
FILE OF COURT OF 1 MMTC AT BANGALORE FILED
UNDER SECTIONS 12 OF THE PROTECTION OF WOMEN
FROM THE DOMESTIC VIOLENCE ACT, 2005 AGAINST THE
PETITONERS HEREIN WHO WERE ARRAYED AS
RESPONDENT NO.2 AND 2 AS PER ANNEXURE ‘A’.
CRL.P.9540/2017
BETWEEN:
1. NASAR MOHAMMED
S/O MOHAMMED BIN ALI
PRESENTLY RESIDING AT SYDENY CITY
AUSTRALIA, PERMANENT R/O.H.NO.13-1-183/1/A
PLOT NO.72, SNEHAPURAI COLONY
MOTINAGAR, ERAGADDA
HYDERABAD – 18,
THROUGH HIS GPA HOLDER AND FATHER
MOHAMMED BIN ALI
S/O ALI BIN ABUBAKAR
AGED ABOUT 60 YEARS, OCC: PENSIONER
2. MOHAMMED BIN ALI
S/O ALI BIN ABUBAKAR
AGED ABOUT 60 YEARS
OCC: PENSIONER
3
R/O H.NO.13-1-183/1/A,
PLOT NO.72, SNEHAPURAI COLONY
MOTINAGAR, ERAGADDA
HYDERABAD – 18.
3. RAFEEQUA SULTANA
W/O MOHAMMED BIN ALI
AGED ABOUT 60 YEARS
OCC: HOUSEWIFE
R/O.H.NO.13-1-183/1/A
PLOT NO.72, SNEHAPURAI COLONY
MOTINAGAR,ERAGADDA
HYDERABAD – 18. .. PETITIONERS
(BY SRI NAVEED AHMED, ADV.)
AND:
1. STATE OF KARNATAKA
BY D.J.HALLI P.S.
REP. BY SPP HIGH COURT OF KARNATAKA
BANGALORE – 560 001.
2. TARANUM IQBAL S.M.
D/O SYED IQBAL HUSSAIN
W/O NASAR MOHAMMED
AGED ABOUT 28 YEARS
OCC: HOUSEWIFE
R/O AT D2, DS MAX APARTMENT
L.R.BANDE MAIN ROAD
R.T.NAGAR POST
BANGALORE – 560 032. ..RESPONDENTS
(BY SRI S RACHAIAH, HCGP FOR R.1,
SRI M O SULTAN, ADV. FOR R.2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION
482 CR.P.C. PRAYING TO QUASH THE FIR IN
CR.NO.137/2017 ON THE FILE OF 1ST RESPONDENT
4
POLICE STATION, D.J.HALLI, BENGALURU U/S 498(A) OF
IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT
AGAINST THE PETITOINERS NO.1 TO 3 WHO WERE
ARRAYED AS ACCUSED NO.1 TO 3 AS PER ANNEXURE A
AND CONSEQUENTLY QUASH THE COMPLAINT DATED
21.04.2017 AT ANNEXURE – B.
THESE PETITIONS COMING ON FOR ORDERS THIS
DAY, THE COURT MADE THE FOLLOWING:
ORDER
Sri Mohammed Owais Sultan, learned counsel
files vakalath for respondent no.2 in the above cases.
2. Petitioners in Crl.P.No.6598/2017 along with
their counsel and respondent no.2 and her counsel in
both cases are present before the Court. Petitioner in
Crl.P. No.9540/2017 is absent.
3. Joint memos are filed in both the cases
narrating common factual aspects.
4. Petition in Crl.P.No.6598/2017 is filed seeking
quashing of C.Misc.No.84/2017 filed by the 2nd
5
respondent against the petitioners under Section 12 of
Protection of Women from Domestic Violence Act, 2005.
Crl.P.No.9540/2017 is filed seeking quashing of
FIR in Crime No.137/2017 filed by the 2nd respondent
on the file of 1st respondent – D.J.Halli Police Station in
turn pending before the 11th Addl. CMM Court,
Mayohall, Bangalore City for the offences under Section
498A IPC and Sections 3 and 4 of Dowry Prohibition
Act.
5. Joint memos and the factual aspects of the
case discloses that 2nd respondent – Smt.Taranum Iqbal S M
is the wife of one Mr.Nasar Mohammed, S/o Mohammed
Bin Ali, and their arose a family dispute between
themselves due to which it appears 2nd respondent has
filed the above said two cases against the petitioners.
As the matters are settled amongst the parties, there is
no legal impediment to quash the proceedings. In this
context, it is worth to refer to a decision of the Hon’ble
6
Apex Court in GIAN SINGH vs STATE OF PUNJAB
AND ANOTHER reported in (2012) 10 SCC 303 wherein
it is held as under:
“-Thus, held, heinous and serious
offences of mental depravity, murder, rape,
dacoity, etc., or under special statutes like
Prevention of Corruption Act or offences
committed by public servants while working
in their capacity as public servants, cannot
be quashed even though victim or victim’s
family and offender have settled the dispute
– Such offences are not private in nature and
have a serious impact on society
-But criminal cases having
overwhelmingly and predominantly civil
flavour stand on a different footing –
Offences arising from commercial, financial,
mercantile, civil partnership or like
transactions or offences arising out of
matrimony relating to dowry, etc. or family
disputes where the wrong is basically private
or personal in nature and parties have
resolved their entire dispute, High Court
may quash criminal proceedings – High
Court, in such cases, must consider whether
it would be unfair or contrary to interest of
justice to continue with the criminal
proceeding or continuation of criminal
proceeding would tantamount to abuse of
process of law despite settlement and
compromise between parties and whether to
secure ends of justice, it is appropriate the
7criminal case is put to an end – If such
question(s) are answered in the affirmative,
High Court shall be well within its
jurisdiction to quash the criminal
proceeding”.
6. This case is also essentially arising out of the
family dispute between the parties and the entire
disputes have been resolved between the parties and in
that context, joint memos have been filed. The parties
who are present before the Court have accepted the
execution of the joint memos.
7. In pursuance of the above said joint memos,
the petitioners are paying a sum of Rs.5,00,000/- by
way of Demand Draft bearing No.502097 dated
06.12.2017 drawn in favour of the 2nd respondent,
issued by ICICI Bank, Hyderabad. 2nd respondent
acknowledges the receipt of Demand Draft. Respondent
no.2 also submits that she has already received an
amount of Rs.2,50,000/- by cash prior to filing of these
8
joint memos. 2nd respondent has no objection to quash
the proceedings as prayed by the petitioners.
8. In view of the above said facts and
circumstances, the following Order is passed:
ORDER
The Criminal Petitions are allowed. The case in
C.Misc.No.84/2017 pending on the file of I MMTC,
Bangalore filed under Section 12 of the Protection of
Women from the Domestic Violence Act, 2005 and also
in FIR No.137/2017 on the file of 1st respondent
D.J.Halli Police Station, Bangalore and in turn the FIR
registered on the file of 11th Addl. CMM Court,
Mayohall, Bangalore City for the offences under Section
498A IPC and Sections 3 and 4 of Dowry Prohibition Act
and all further proceedings in pursuance of the said FIR
are hereby quashed.
Sd/-
JUDGE
Brn