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Mohammed Ismail Nadaf vs State By J.C. Nagar Police on 13 June, 2019

CRL.P. NO.2756/2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 13TH DAY OF JUNE, 2019

BEFORE

THE HON’BLE MR. JUSTICE P.S. DINESH KUMAR

CRIMINAL PETITION No.2756 OF 2019

BETWEEN :

1. MOHAMMED ISMAIL NADAF
S/O. MOHAMMED ALI NADAF
AGED ABOUT 32 YEARS,

2. SMT. ZAINAB
W/O.MOHAMMED ALI NADAF,
AGED ABOUT 45 YEARS,

3. MOHAMMED ALI NADAF,
S/O.REHMAN SAB
AGED ABOUT 52 YEARS,

4. MOHAMMED BASHIR NADAF,
S/O.MOHAMMED ALI NADAF,
AGED ABOUT 33 YEARS,

5. MOHAMMED ABUBAKKAR,
S/O.MOHAMMED ALI NADAF
AGED ABOUT 29 YEARS,

6. MOHAMMED ABUBAKKAR,
S/O.MOHAMMED ALI NADAF
AGED ABOUT 31 YEARS,

7. ALLABAKHASH,
S/O.LATE REHMAN SAB NADAF,
AGED ABOUT 44 YEARS,

ALL THE PETITIONERS ARE
RESIDENTS OF HOUSE NO.600-799,
NEREGAL, ROAN TALUK,
GADAG DIST – 582 119. … PETITIONERS
CRL.P. NO.2756/2019

2

(BY SHRI.MAHANTESH S. HOSMATH, ADVOCATE)

AND :
1. STATE BY J C NAGAR POLICE,
REPRESENTED BY
PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001.

2. HUMERA KHANUM
D/O. LATE ZIYAULLA KHAN
AGE 23 YEARS,
R/O. C/O. HAMEED HOUSE,
CHINAPPA GARDEN,
CHURCH ROAD, J C NAGAR,
BENGALURU – 560 032. … RESPONDENTS

(BY SMT.NAMITHA MAHESH B.G., HCGP FOR R1,
SHRI. R.D. RENUKARADHYA, ADVOCATE FOR R2)
….
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
CR.P.C PRAYING TO QUASH THE FIR NO.3/2015, C.C. NO.7584/2016,
REGISTERED BY THE 1ST RESPONDENT, J.C. NAGAR POLICE FOR THE
OFFENCES PUNISHABLE UNDER SECTION 498a R/W. 34 OF SectionIPC AND
SECTIONS 3 AND 4 OF D.P. ACT AND FURTHER PROCEEDINGS
PENDING ON THE FILE OF THE VIII A.C.M.M. COURT AT BANGALORE.

THIS CRL.P COMING ON FOR ADMISSION THIS DAY, THE
COURT MADE THE FOLLOWING:-

ORDER

Heard Shri Mahantesh S. Hosmath, learned

advocate for petitioners, Smt. Namitha Mahesh,

learned HCGP for first respondent – State and
CRL.P. NO.2756/2019

3

Smt. R.D.Renukaradhya, learned advocate for second

respondent.

2. Both learned advocates for petitioners and

second respondent submit that the parties have settled

the dispute amicably and filed a Joint Affidavit of even

date. They pray that this petition be disposed of in terms

of settlement recorded in the Joint Affidavit.

3. Petitioners and second respondent are present

and identified by their respective advocates. The Joint

Affidavit is duly signed by first petitioner, second

respondent and their respective advocates. Petitioners

have also filed their ID proofs.

4. Both petitioners and second respondent admit

the terms of settlement stated in the Joint Affidavit. The

same is lawful and hence accepted. The Joint Affidavit

reads as follows:

“JOINT AFFIDAVIT

I Mohammed Ismail Nadaf S/o Mohammed Ali
Nadaf Aged about 32 years, House No.600,
CRL.P. NO.2756/2019

4

Neregal, Roan Taluk, Gadag Dist and I Humera
Khanum D/o Late Ziyaulla Khan, Age 23 years
R/o C/o Hameed House, Chinappa Garden,
Church Road, J C Nagar, Bengaluru do here by
solemnly and jointly states on oath as follows:-

1. For the sake of convenience the 1st
petitioner is referred as 1st party, and the 2nd
respondent is referred as 2nd party in this
affidavit.

2. We state that we are the 1st
petitioner/accused no.1, and 2nd

respondent/complainant in the above criminal
petition, we know the facts and circumstances
of the above case, hence we jointly swear to
this affidavit on behalf of us and also on behalf
of other petitioners also as they are duly
authorized us to do so.

3. We state that out marriage was
solemnized on 10-11-2012, at Char Minar
Masjid Pathangere, Harapanahalli Taluk,
Davanagere Dist. After some time of our
marriage some dispute arose between us and
due to incompatibility we decided to part out
from the relation.

4. We state that from our mutual
understanding and with the intervention of our
elders decided to take divorce and on
CRL.P. NO.2756/2019

5

24-07-2015, by way of (Khula) divorce has
taken place before the Anjuman E Islam
Committee, Neregal Ron Taluk, Gadag Dist, and
the 1st party had given sum Rs.4,00,000/-
(Four Lacks) as permanent alimony, and the 2nd
party had agreed and received the amount and
also under takes to not to prosecute us in the
above case. The copy of the khula nama and
the receipt of alimony received copy is
produced along with this affidavit.

5. We state that the 2nd party/2nd
respondent had registered the FIR No 3/2015
before the 1st respondent JC Nagar Police
against all of us for the offences punishable
under section 498(A) R/w 34 of SectionIPC and
Section 3 4 of DP Act which the 1st
respondent police after investigation had filed
the charge sheet which is numbered as CC No
7584/2016 and the same is pending before the
Learned VIII Addl CMM Court at Bengaluru.

6. We state that in the event of compromise
took place between us, the 2nd party/2nd
respondent in the above case agreed to not to
prosecute the above case, hence continuation
of the above proceedings are nothing but an
sheer abuse of process of law.

Wherefore I respectfully prays to this Hon’ble
Court may kindly be please to quash the FIR no
CRL.P. NO.2756/2019

6

03/2015 CC No.7584/2016 registered by the
1st respondent J C Nagar Police for the offences
punishable under section 498(A) R/w 34 of SectionIPC
and section 3 4 of D P Act, and further
proceedings pending on the file of VIII Addl
Chief Metropolitan Magistrate Court at
Bengaluru in the interest of justice and equity.”

(Sic.)

5. In the circumstances, it is just and appropriate

to quash the criminal proceedings and accordingly all

proceedings in C.C. No.7584/2016 (FIR No.3/2015) on

the file of VIII Addl. Chief Metropolitan Magistrate,

Bengaluru, are quashed.

Petition disposed of.

No costs.

Sd/-

JUDGE

SPS

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