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Mohammed Khaleemulla vs The State Of Karnataka on 4 September, 2018

1 CRL.P. NO.4678/2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 4TH DAY OF SEPTEMBER, 2018

BEFORE

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

CRIMINAL PETITION No.4678/2018

BETWEEN:

MOHAMMED KHALEEMULLA
AGED ABOUT 39 YEARS
S/O LATE MOHAMMED SALEEMULLA
R/AT NO.2506, 2ND CROSS
1ST STAGE, RAJIVNAGAR
MYSORE

PRESENTLY RESIDING AT
MOHAMMED KHALEEMULLA
S/O LATE MOHAMMED SALEEMULLA
BEHIND ROYAL SCHOOL
MAHABOOB NAGARA
RAMANAGARA DISTRICT … PETITIONER

(BY SHRI. J. SUDHAKAR, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY MAHILA POLICE STATION
MYSURU CITY
REP BY ITS STATE PUBLIC PROSECUTOR
HIGH COURT COMPLEX
BENGALURU-560 001

2. SMT. SHABREEN TAJ
W/O MOHAMMED KHALEEMULLA
D/O SHAIK SAMIULLA
2 CRL.P. NO.4678/2018

AGED ABOUT 30 YEARS
NO.2506, 2ND CROSS, 1ST PHASE
RAJIVNAGAR
MYSORE

PRESENTLY RESIDING AT
SMT. SHABREEN TAJ
D/O SHAIK SAMIULLA
W/O MOHAMMED KHALEEMULLA
R/AT NO.565, 2ND CROSS
2ND MAIN, PEER KHAN STREET
KANATEGRI, NAZARBAD
MYSORE-570 016 … RESPONDENTS

(BY SHRI. S. RACHAIAH, HCGP FOR R1
SHRI. N.MANJUNATHA, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.5/2011
REGISTERED FOR THE OFFENCES P/U/Ss.498A, 506 R/W 34
OF IPC AND U/Ss.3 4 OF D.P ACT, COMPOUNDING THE
OFFENCES INITIATED BY THE RESPONDENT NO.1 ON THE
COMPLAINT OF RESPONDENT NO.2, WHICH IS PENDING ON
THE FILE OF LEARNED IV ADDITIONAL CIVIL JUDGE (Sr.Dn)
AND C.J.M., MYSORE.

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

ORDER

Heard Shri J. Sudhakar, learned advocate for the

petitioner and Shri S. Rachaiah, learned HCGP for

respondent No.1-State and Shri N. Manjunatha, learned

advocate for respondent No.2.

3 CRL.P. NO.4678/2018

2. Both learned advocates submit that the parties

have settled the dispute amicably in C.C.No.5/2011 on

the file of IV Addl. Senior Civil Judge JMFC., Mysuru

and filed a Joint Memo of even date. They pray that this

petition be disposed of in terms of settlement recorded in

the Joint Memo.

3. Parties were called out. The petitioner and

respondents are present and identified by their

respective advocates. The Joint Memo is duly signed by

the petitioner, respondent No.2 and their respective

advocates.

4. Both petitioner and respondent No.2 admit the

terms and conditions of the Joint Memo. The same is

lawful and hence accepted. The Joint Memo reads as

follows:

“JOINT MEMO

We, the Petitioner/Mohammed Khaleemulla and 2nd
respondent Smt. Shabeena Taj both are herewith filing a
joint memo as per the terms and conditions of the both the
parties.

4 CRL.P. NO.4678/2018

1. Both the parties outside the court settled the matter fully
and finally settlement regarding divorce between them,
their matter for a sum of Rs.3,00,000/- (Rupees Three
Lakhs Only) the petitioner has to pay to the 2nd
respondent.

2. As per the terms and conditions the petitioner paid
Rs.1,00,000/- in C. Misc.No.53/2010 in the court of II
Addl. Civil Judge and JMFC at Mysuru vide D.D.bearing
No.002990 dtd:27.2.2018 drawn on HDFC Bank,
Ramanagaram Branch, the same has been received by
the 2nd respondent and same is quashed.

3. The 2nd respondent further received a sum of
Rs.1,00,000/- in C.Misc. No.198/2015 in the court of
Addl. Family Court at Mysuru vide D.D.bearing No.002989
dtd:27.2.2018 drawn on HDFC Bank, Ramanagaram
Branch, the same has been received by the 2nd
respondent and same is quashed.

4. Further both the parties agreed that in C.C.No.5/2011
pending on the file of IV Addl. Senior Civil Judge and
JMFC, at Mysuru, the same matter quashing before this
Hon’ble Court. Hence, the petitioner taken
D.D.No.003078 dtd:16.8.2018 drawn on HDFC Bank,
Ramanagaram Branch Rs.1,00,000/- in favour of 2nd
respondent. The Copies of the Aadhaar Card and Voter
ID for both parties is produced for kind perusal of this
Hon’ble Court.

Wherefore, we pray that this Hon’ble Court kindly be
quash the Criminal Case in CC No.5/2011 pending on the file of
IV Addl. Senior Civil Judge and JMFC., Mysuru, in the interest of
justice.”

5. In the circumstances, all proceedings in

C.C.No.5/2011 on the file of IV Addl. Senior Civil Judge

JMFC., Mysuru, are quashed.

5 CRL.P. NO.4678/2018

6. Petition disposed of. No costs.

Sd/-

JUDGE

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