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Nabisab S/O Dastagirisab Malagi … vs The State Of Karnataka & Anr on 12 March, 2018

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IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH

DATED THIS THE 12TH DAY OF MARCH, 2018

BEFORE

THE HON’BLE MR. JUSTICE JOHN MICHAEL CUNHA
CRL.P.NO.101688/2017
C/W
CRL.R.P.100253/2015

IN CRL.P.NO.101688/2017

BETWEEN:

DR. NAUSHAD ALI, S/O NABISAB MALAGI,
AGE: 42 YEARS, OCC: MEDICAL PRACTITIONER,
R/O: KAUSAR MANZIL, NEHRU NAGAR,
BIJAPURA.
… PETITIONER

(BY SRI.SHRIHARSHA A. NEELOPANT, ADV.)

AND:

1. THE STATE OF KARNATAKA,
THROUGH MAHILA POLICE STATION,
HUBBALLI DHARWAD,
REP.BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH.

2. DR.FIRDOS W/O NAUSHAD ALI,
MALAGI, AGE: MAJOR, OCC: DOCTOR,
R/O: C/O. DR.A.H. BEKINALKAR,
H.NO:340, RENUKAK NAGAR,
HUBBALLI-580030.
… RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1,
SRI.S.R.AMBALI, ADV. FOR R2)
2

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., SEEKING TO QUASH THE CRIMINAL PROCEEDINGS AS
AGAINST THE PETITIONER IN C.C.NO. 469 OF 2012 ON THE FILE OF
JMFC, HUBLI AS AGAINST THE PETITIONER AS PER ANNEXURE-D
FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 504 AND
506 OF IPC READ WITH 3 AND 4 OF DOWRY PROHIBITION ACT AND
TO QUASH THE CHARGE SHEET AGAINST THE PETITIONER UNDER
SECTION 498A, 504 AND 506 OF IPC READ WITH 3 AND 4 OF
DOWRY PROHIBITION ACT AS AGAINST THE PETITIONER AS PER
ANNEXURE-C AND ISSUE DIRECTIONS TO THE COURT BELOW TO
DROP THE ENTIRE PROCEEDINGS AS AGAINST THE PRESENT
PETITIONER.

IN CRL.R.P.NO.100253/2015:

BETWEEN:

1. NABISAB S/O DASTAGIRISAB MALAGI,
AGE:63 YEARS, OCC. AGRICULTURE,
R/O NEHRU NAGAR, BEHIND KRSRTC DEPOT,
BIJAPUR.

2. SMT. HSAINABEGUM W/O NABISAB MALAGI,
AGE:59 YEARS, OCC. HOUSEWIFE,
R/O NEHRU NAGAR, BEHIND KRSRTC DEPOT,
BIJAPUR.

3. SMT. PARVEEN KAUSAR W/O KADIDULLASHARIF,
AGE:40 YEARS, OCC:HOUSEWIFE,
R/O CHINTAMANI, DIST. KOLAR,
PRESENTLY RESIDING AT QATAR COUNTRY.

… PETITIONERS

(BY SRI.ARUN L.NEELOPANT SRI. SHRIHARSHA
A. NEELOPANT , ADVS.)
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AND:

1. THE STATE OF KARNATAKA ANR
REP. BY POLICE SUB-INSPECTOR,
MAHILA POLICE STATION, THROUGH SPL. PUBLIC
PROSECUTOR, HIGH COURT OF KARNATAKA,
CIRCUIT BENCH DHARWAD.

2. DR. FIRDOS, W/O NAUSHAD ALI MALAGI,
AGE:MAJOR, OCC. DOCTOR,
R/O C/O DR.A.H. BEKINALKAR,
H.NO.340, RENUKA NAGAR, HUBLI-30.
… RESPONDENTS
(BY SRI.PRAVEEN K.UPPAR, HCGP FOR R1
SRI.S.R.AMBALI SMT.GIRIJA S.HIREMATH,
ADVS. FOR R-2)

THIS CRIMINAL REVIEW PETITION IS FILED U/S 482 OF
CR.P.C. SEEKING TO QUASH THE IMPUGNED ORDER DATED
28.01.2015 PASSED IN C.C.NO.469/2012 ON THE FILE OF THE
JMFC COURT, HUBLI, AS AGAINST THE PETITIONERS AS PER
ANNEXURE-A AND ALLOW THE INTERIM APPLICATION FILED
UNDER SECTION 239 OF CR.P.C. SEEKING DISCHARGE FILED BY
THE PETITIONERS/ACCUSED NOS.2 TO 4 FROM THE OFFENCES
UNDER SECTION 498A, 504, 506, R/W 34 OF IPC AND SEC.3 4 OF
DP ACT, IN CC NO.460/2012.

THIS CRIMINAL PETITION AND CRIMINAL REVISION
PETITION COMING ON FOR ORDERS THIS DAY, THE COURT
MADE THE FOLLOWING:
ORDER

Both these proceedings are arising out of

C.C.No.469/2012, registered on the basis of the complaint

lodged by respondent No.2-Dr.Firdos W/o Naushad Ali
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alleging the commission of offences punishable under

Section 498A, 504 and 506 r/w Section 34 of IPC and

Section 3 and 4 of Dowry Prohibition Act.

2. The application moved by accused No.1-husband of

the complainant for discharge has been rejected by the

JMFC-1 Court, Hubballi, by order dated 28.01.2015. As

against the said order Cr.R.P.No.100253/2015 is presented

by accused Nos.2, 3 and 4.

3. The parties are present before the Court and have

filed a joint memo under Section 320 r/w Section 482 of

Cr.P.C. seeking leave of the Court to compound the

offences.

4. The parties are identified by their respective counsel.

The respective petitioners namely accused Nos. 2, 3 and 4

have sworn to separate verifying affidavit, swearing to the

correctness of the terms of the joint memo, where under

the respondent No.2/Complainant wife has stated that she

has withdrawn all the allegations made by her in the
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complaint lodged against her husband and petitioners

herein and she does not intend to press C.C.No.469/2012

pending on the file of J.M.F.C. 1st Court, Hubballi against

the petitioners.

5. In Crl.P.No.101688/2017, the petitioner namely

accused No.1-husband and respondent No.2(complainant)

have filed a joint memo under Section 482 of Cr.P.C. The

parties are identified by their respective counsel.

6. Both the parties have filed a verifying affidavit

swearing to the correctness of the recitals of the joint memo

wherein respondent No.2 has stated that she had filed a

Crl. Misc. No.417/2012 on the file of Family Court Hubballi

under Section 125 of Cr.P.C. seeking maintenance and she

has voluntarily and freely withdrawn the said petition.

Further, it is stated that respondent No.2 and petitioners

have withdrawn all the cases filed against each other and

have withdrawn the allegations made against each other

and have filed the above compromise petition. Respondent
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No.2 has specifically stated that she has withdrawn all the

allegations made by her in her complaint dated 24.12.2011

submitted before Mahila Police Station, Hubballi for the

offences punishable under Section 498A, 504, 506 r/w

Section 34 of IPC and Section 3 and 4 of Dowry Prohibition

Act.

7. Petitioner has further stated that OS No.45/2013 filed

by her before the Family Court, Hubballi under Section 2 of

the Dissolution of Muslim Marriages Act, 1939 r/w Order 7

Rule 1 of CPC seeking dissolution of marriage solemnized

between her and petitioner on 29.05.2005 is already

withdrawn by her on her free will and has rejoined the

petitioner-husband and both of them are living together in

terms of the decree passed by Family Court Hubballi in OS

No.8/2009.

8. By the above compromise, both the parties have

withdrawn all the pending cases registered against each

other. The parties have amicably settled their disputes in
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order to build up their families and to restore peace and

quietude in their lives. I am satisfied that the compromise

entered into by the parties is free and voluntary and is in

the immediate interest of their families and in the larger

interest of the society; therefore, it is valid and legal. It

does not offend any provisions of law as this Court is

empowered under Sec.482 of Cr.P.C. to quash

proceedings, if the matter is amicably settled even in

respect of the offence under Sec.498A I.P.C. Hence, parties

are permitted to compound the offences under Section 320

r/w Section 482 of Cr.P.C.

9. Crl.P.No.101688/2017 and Crl.RP.No.100253/2015

are disposed of in terms of the above order. All further

proceedings arising out of CC No.469/2012 are quashed.

Sd/-

JUDGE
Hmb

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