Allowed

S U Zaid v. Mrs. Shahrazad Zaid

Karnataka HC1 Apr 2022CRL.P/619/2022

Case brief

AI extract

What is this about?

The petitioner challenged proceedings in a criminal case under Sections 498A and 506 of IPC. The Court observed that a settlement was reached between the parties invoking Section 89 of CPC. Relying on Clause 12 of the settlement which mandated the quashing of the criminal case, the Court quashed the proceedings.

What did the court decide?

The proceedings in C.C.No.18864/2019 standing quashed and the criminal petition allowed.

S U Zaid Vs Mrs. Shahrazad Zaid — Dowry and Cruelty | Karnataka HC (2022)

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 01^ST DAY OF APRIL, 2022

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BEFORE

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THE HON'BLE MR. JUSTICE M. NAGAPRASANNA CRIMINAL PETITION No.619 OF 2022

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BETWEEN:

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S.U.ZAID S/O LATE S.M.SAYEED AGED ABOUT 49 YEARS RESIDNG AT FLAT NO.201 TRINITY GARDENS, RAHATH BAGH NAGAVARYAPALYA, C.V.RAMAN NAGAR POST BENGALURU – 560 093.

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... PETITIONER

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(BY SRI VIVEKANANDA S., ADVOCATE (PHYSICAL HEARING))

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AND:

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MRS. SHAHRAZAD ZAID W/O S.U.ZAID AGED ABOUT 46 YEARS RESIDING AT NO.809 10^TH MAIN, 3^RD BLOCK KORAMANGALA BENGALURU – 560 034.

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STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION REPRESENTED BY

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STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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... RESPONDENTS

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(BY SRI ARUN GOVINDRAJ, ADVOCATE FOR R1 (PHYSICAL HEARING);

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SMT.YASHODHA K.P., HCGP FOR R2; (PHYSICAL HEARING)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT DATED 17.09.2018 FIR BEARING NO.47/2018 DATED 17.09.2018 AND CHARGE SHEET DATED 23.02.2019 FILED BY RESPONDENTS IN THE CASE BEARING C.C.NO.18864/2019 PENDING BEFORE THE VI ACMM, BANGALORE.

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

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ORDER

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The petitioner has called in question the proceedings in C.C.No.18864/2019, pending on the file of the VI Additional Chief Metropolitan Magistrate, Bengaluru, registered for the offences under Sections 498A and 506 of the IPC.

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It is submitted by the learned counsel appearing for both the parties that during the pendency of this petition, the parties before the family Court have entered into settlement in O.S.Nos.250/2015 and 213/2018, invoking Section 89 of the

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CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005.

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The terms of the settlement which include co-operation

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of the petitioner for quashment of the present proceedings as could be gathered from Clause No.12 of the memorandum of settlement. Clause No.12 of the settlement read as follows:

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“12. That in pursuance of this settlement both the parties hereby agree that the Defendant / wife shall cooperate and do the needful in the closure of / quashing of C.C.No.18864/2019, filed by the Defendant / Wife under Section 498(A) of IPC., which is pending before the Learned 6^th A.C.M.M., Bangalore and the Plaintiff / husband shall file a Petition before the Hon’ble High Court for the quashing of this criminal case.”

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In the light of the afore-extracted clause including various

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terms of the settlement, which contains present issue as well, I deem it appropriate to obliterate the impugned proceedings challenged in the case at hand.

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For the aforesaid reasons, I pass the following:

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ORDER

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(i) The criminal petition is allowed.

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(ii) The proceedings in C.C.No.18864/2019, pending on the file of the VI Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.

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Sd/JUDGE

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nvj CT:MJ

S U Zaid v. Mrs. Shahrazad Zaid

Case brief

What is this about?

What did the court decide?

S U Zaid v. Mrs. Shahrazad Zaid

Case brief

What is this about?

What did the court decide?

What the court decided

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