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Sri Shaik Sandhani vs The State Of Karnataka on 5 December, 2018

1

CRL.P.NO.2211/2018

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 05TH DAY OF DECEMBER 2018

BEFORE

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

CRIMINAL PETITION NO.2211 OF 2018

BETWEEN:

1. SRI SHAIK SANDHANI
S/O SHAIK RASOOL,
AGED ABOUT 32 YEARS
R/A NO:44, HOSUR ROAD,
ELECTRONC CITY,
BENGALURU – 560100

2. SRI SHAIK RASOOL
S/O SHAIK BHOODISA,
AGED ABOUT 62 YEARS
R/A NO.24-1-1259
J.V.R. COLONY, PEDULKAR ROAD,
NEAR S P BANGLOW,
NELLORE, ANDHRA PRADESH – 524 003

3. SMT. SHAIK ZULEKHA BHI
W/O SRI SHAIK BHOODISA,
AGED ABOUT 57 YEARS
R/A NO.24-1-1259
J.V.R. COLONY PEDULKAR ROAD,
NEAR S P BANGLOW,
NELLORE, ANDHRA PRADESH – 524 003.

4. SMT. SAAJIDA
W/O SRI KHADER SHA
AGED ABOUT 35 YEARS
R/A NO.24-1-1259
J.V.R. COLONY PEDULKAR ROAD,
NEAR S P BANGLOW,
NELLORE, ANDHRA PRADESH – 524 003.
2

CRL.P.NO.2211/2018

5. SRI KHADER SHA
S/O SRI GOUSE SHA,
AGED ABOUT 43 YEARS
R/A NO.24-1-1259
J.V.R. COLONY, PEDULKAR ROAD,
NEAR S P BANGLOW, NELLORE.
ANDHRA PRADESH-524003
…PETITIONERS

(BY SRI MOHAMED INAYATHULLA, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY MICO LAYOUT POLICE STATION,
BENGALURU,
REPRESENTED BY ITS
SENIOR PUBLIC PROSECUTOR

2. MRS. B UDAYA SHREE
W/O SHAIK SANDHANI
AGED ABOUT 38 YEARS
R/A NO.84, 4TH CROSS,
BENGALURU-560029.
…RESPONDENTS

(BY SRI S. RACHAIAH, HCGP. FOR R1
SRI TAJUDDIN, ADV. FOR R2)

THIS PETITION IS FILED UNDER SECTION U/S.482
CR.P.C BY THE ADVOCATE FOR THE PETITIONERS PRAYING
THAT THIS HON’BLE COURT MAY BE PLEASED TO QUASH ALL
FURTHER PROCEEDINGS FILED BY THE RESPONDENT NO.2
AGAINST THE PETITIONERS IN SPL.C.C.NO.169/2013 U/S
3(1)(x) OF SCHEDULED CASTES AND SCHEDULED TRIBES
(PREVENTION OF ATROCITIES) ACT U/S 498A R/W 34 OF IPC
AND SECTIONS 4 OF D.P. ACT, PENDING ON THE FILE OF THE
II ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AND
SPECIAL JUDGE CITY CIVIL, BENGALURU AT CCH-71 ETC.

THIS PETITION COMING ON FOR HEARING THIS DAY,
THE COURT MADE THE FOLLOWING:
3

CRL.P.NO.2211/2018

ORDER

Heard Shri M.D.Inayathulla, learned advocate for

petitioners, Shri S. Rachaiah, learned HCGP for

respondent No.1 – State and Shri Tajuddin, learned

counsel for respondent No.2.

2. Learned advocates for the parties jointly

submit that the parties have settled the matrimonial

dispute amicably before the Bengaluru Mediation Centre

and filed a memorandum of settlement in

M.C.No.1644/2013. As per the said settlement,

parties have agreed that second respondent-wife

would co-operate for quashing of proceedings in

Spl.C.C.No.169/2013 pending on the file of II Additional

City Civil and Sessions Judge and Special Judge, City

Civil Court – (CCH-71), Bengaluru. Accordingly, they

have filed a Joint Affidavit of even date in this petition,

duly signed by petitioner No.1, respondent No.2 and

their respective advocates. They pray that this petition

be disposed of in terms of the said Joint Affidavit.
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CRL.P.NO.2211/2018

3. Petitioners No.2 to 5 are permitted to be

represented by their advocate. Petitioner No.1 and

respondent No.2 are present and identified by their

respective advocates. They admit the terms of

settlement stated in the Joint Affidavit. The same is

lawful and hence accepted. The Joint Affidavit reads as

follows:

“We, Sri Shaik Sandhani, S/o.S.K.Rasool,
aged about 34 years and Smt.Udaya Shree
Bunda, D/o.Sunder Rao, aged about 39 years,
now at Bangalore do hereby solemnly affirm and
state an oath as follows:

1. We state that I, Shaik Sandhani the
petitioner no: 1 in the above case,
Petitioner no: 2 is my father, petitioner no:
3 is my mother, petitioner no: 4 is my
Sister, petitioner no.: 5 is my Brother-in-
law and I, Smt. Udaya Shree Bunda is the
respondent no: 2 here in above, and we
know the facts circumstances of the case,
and hence we are swearing to this affidavit
on our behalf and also on behalf of all the
other petitioners from 2 to 5 herein.

2. We further state that, I, Smt. Udaya Shree
Bunga had filed a criminal case against all
the five petitioners herein, in the court of
the Hon’ble City Civil Sessions Judge at
CCH-71, in S.C.NO:169/2013, U/s.498A, 3
4 of DP act and 3(1) (X) of the SC,
ST
Act, and contrary to that my Husband Sri.
Shaik Sundani has filed a Divorce petition in
the family court seeking divorce, in the
court of the Hon’ble 2nd Addl. Family Judge
at Bengaluru in M.C.NO:1644/2013.

5

CRL.P.NO.2211/2018

3. We further state that, I being the
respondent NO: 2 herein, comprised in the
divorce petition filed by the petitioner NO: 1
by giving consent to the mutual consent
divorce by taking the sum of Rs. 8,00,000/-
(Rupees Eight Lakhs Only) as permanent
alimony and as such I have receive the
entire amount in the mediation center at
family court itself.

4. We further state that, it is one of the
condition precedent in the memorandum of
settlement of the family court that in the
event of filing the Quash petition by the
petitioners in the Hon’ble High Court of
Karnataka, that I being the respondent
no:2 shall co-operate with them in getting
quashed the case in S.C.NO: 169/2013,
which is pending in the file of CCH-71, and
shall give an end to all the litigations, and
as such I have come forward upon the
notice of this Hon’ble court to give my
consent to the above Quash petition, Hence
this joint affidavit.

5. We further state that, except the above said
criminal case of S.C.NO: 169/2013, at CCH-
71, no other petition is pending against
each other in any court of law, hence the
said criminal case and its proceedings need
to be quashed by he intervention of this
Hon’ble court.

6. We further beg to mention herein that, the
petitioner No: 3 the mother of the 1st
petitioner met with an accident and she got
head injury and she is not in a position to
recognize anyone, and the food is being
feed through her nose, and she is in ICU at
Nellore, and the petitioner No: 2, 4 5 are
with the patient all the times, hence they
are not in a position or can leave the
patient and attend to this court in person.
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CRL.P.NO.2211/2018

Wherefore, we request this Hon’ble
Court of Karnataka to accept of joint
affidavit, the memorandum of settlement of
family court, and our Adhaar card copies
and our personal presence in the court and
thereby request to Quash the entire
proceedings of the court below and set us
free from all the litigations so that we shall
live peacefully with the patient.” [sic]

4. The criminal proceedings under Section 498-A

of IPC have stemmed out of matrimonial dispute

between the parties. Parties have settled the

matrimonial dispute amicably. In the circumstances,

no useful purpose shall be served by continuing the

criminal proceedings. Therefore, it is just and

appropriate to quash the criminal proceedings and

accordingly all proceedings in Spl.C.C.No.169/2013 on

the file of II Additional City Civil and Sessions Judge and

Special Judge, City Civil Court – CCH-71, Bengaluru, are

quashed.

5. Petition is accordingly disposed of. No costs.

Sd/-

JUDGE
nvj

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