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Judgments of Supreme Court of India and High Courts

Mohammed Khadar vs State Of Karnataka on 1 April, 2019

1

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 1ST DAY OF APRIL, 2019

BEFORE

THE HON’BLE MR. JUSTICE ARAVIND KUMAR

CRIMINAL PETITION NO.5774/2018

BETWEEN:

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,
NEW GURAPPANPALYA,
BANGALORE – 5600029
…PETITIONERS

(BY SRI. SAMEED AHMED., ADVOCATE FOR
SMT. AYESHA SIDDIQUA S., ADVOCATE)

AND:

1. STATE OF KARNATAKA
THROUGH MICO LAYOUT POLICE
REP. BY ITS SPP
HIGH COURT OF KARNATAKA
BANGALORE – 560 001.
2

2. TASLEEM
W/O. MOHAMMED KHADAR
AGED ABOUT 25 YEARS
R/AT NO, 19TH G CROSS
GURUPPANAPLYA, BIRIYANI GALLI
MADARSAB LAYOUT
BANGALORE – 560 029.
… RESPONDENTS

(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:

ORDER

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
3

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
4

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.

5

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:

ORDER

(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.

6

Chief Metropolitan Magistrate,

Bangalore and Mico Layout Police

Station, are hereby quashed and

petitioners are acquitted of the said

offences.

In view of petition having been allowed,

I.A.No.1/2018 for stay does not survive for

consideration and it is rejected.

SD/-

JUDGE

DR

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