IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 1ST DAY OF APRIL, 2019
THE HON’BLE MR. JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.5774/2018
1. MOHAMMED KHADAR
S/O LATE MOHAMED AYAZ
AGED ABOUT 26 YEARS.
2. ABIDA KHANNUM
W/O. LATE MOHAMED AYAZ
AGED ABOUT 58 YEARS
3. MOHAMMED ATIQH
S/O LATE MOHAMED AYAZ
AGED ABOUT 23 YEARS
ALL ARE R/AT #19G, 1ST FLOOR,
MADARSAB LAYOUT, G CROSS,
BANGALORE – 5600029
(BY SRI. SAMEED AHMED., ADVOCATE FOR
SMT. AYESHA SIDDIQUA S., ADVOCATE)
1. STATE OF KARNATAKA
THROUGH MICO LAYOUT POLICE
REP. BY ITS SPP
HIGH COURT OF KARNATAKA
BANGALORE – 560 001.
W/O. MOHAMMED KHADAR
AGED ABOUT 25 YEARS
R/AT NO, 19TH G CROSS
GURUPPANAPLYA, BIRIYANI GALLI
BANGALORE – 560 029.
(BY SMT. FARANA., ADVOCATE FOR R-2;
SRI. S. RACHAIAH., HCGP FOR R-1)
THIS PETITION IS FILED UNDER SECTION 482
CR.P.C. PRAYING TO QUASH THE PROCEEDINGS IN
CRIME NO.493/2016, IN C.C.NO.22297/2016 AND
C.C.NO.8779/2018 FOR THE OFFENCE P/U/S 498A, 324,
506 R/W 34 OF IPC, WHICH IS PENDING BEFORE THE
HON’BLE VI ACMM, ON THE FILE OF MICO LAYOUT
POLICE AT BANGALORE.
THIS PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
First petitioner who is arraigned as accused in
C.C.No.22297/2016 and petitioners 2 and 3 against
whom split up charge sheet has been filed in
C.C.No.8779/2018, both registered for the offences
punishable under Sections 498A, 324, 506 r/w 34 of
IPC by Mico Layout Police Station pending on the file of
VI Addl. Chief Metropolitan Magistrate, Bangalore and
Mico Layout Police Station, are before this Court for
quashing of said proceedings.
2. Marriage between first petitioner and second
respondent came to be solemnised on 15.02.2015 as
per Muslim customs and traditions and second
respondent wife lodged a complaint with Mico Layout
Police Station on 20.06.2016 alleging that petitioners
used to pick up quarrel on trivial issues and she was
being meted out with physical and mental torture.
Based on said complaint, FIR came to be registered in
Crime No.493/2016 for the offences punishable under
Section Sections 498A, 324, 506 r/w 34 of IPC. After
completion of investigation, charge sheet came to be
filed as stated hereinabove.
3. Today joint affidavit has been filed by first
petitioner and second respondent stating thereunder
that on account of certain misunderstandings second
respondent had lodged a complaint and even thereafter
she has continued to reside with first petitioner and out
of said wedlock, a female child is born and she submits
that she does not intend to prosecute the complaint
filed by her against petitioners.
4. First petitioner and second respondent are
present before Court. First petitioner also reiterate the
contents of the joint affidavit filed today and admit that
they have understood the contents of affidavit and they
know English language and after understanding the
contents of affidavit, they have affixed their signatures
to the same without any force, threat or coercion.
5. Parties present before Court are identified by
their respective learned Advocates. To establish their
identities memos are also filed enclosing photocopies of
identity cards issued by the statutory authority. Same
is placed on record. In token of having identified the
parties present, learned Advocates have also affixed
their signatures to the photocopies of identity cards as
well as affidavit.
6. In the light of joint affidavit filed today
including memos and complainant having agreed that
she would not press the complaint lodged by her
against petitioners, this Court is of the considered view
that continuation of proceedings would not sub serve
the ends of justice and even if prosecution is taken to
its logical end, it would not end in conviction of accused
as the complainant has unequivocally expressed her no
objection for quashing the proceedings pending against
petitioners. Hence, this Court finds there is no
impediment to grant the prayer sought for.
Hence, I proceed to pass the following:
(i) Criminal petition is allowed.
(ii) Proceedings pending against
petitioners in C.C.No.22297/2016
and C.C.No.8779/2018 registered
for the offences punishable under
Sections 498A, 324, 506 r/w 34 of
IPC pending on the file of VI Addl.
Chief Metropolitan Magistrate,
Bangalore and Mico Layout Police
Station, are hereby quashed and
petitioners are acquitted of the said
In view of petition having been allowed,
I.A.No.1/2018 for stay does not survive for
consideration and it is rejected.