Allowed

Sri Mohammed Ayub S/O Late S Abdul Azeez v. the State of Karnataka

Karnataka HC16 Nov 2023CRL.P/103227/2022

Case brief

AI extract

What is this about?

The High Court, Dharwad Bench quashed criminal proceedings in C.C. No. 75/2020 registered under Sections 498A and others of the IPC. The court allowed compounding of offences based on a settlement agreement between the husband and wife, including terms for divorce, custody, and relinquishment of maintenance and property claims.

What did the court decide?

Quashing of proceedings in C.C. No. 75/2020; Offences compounded.

Sri Mohammed Ayub S/O Late S Abdul Azeez Vs the… — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC-D:13334 CRL.P No. 103227 of 2022

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 16^TH DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103227 OF 2022

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BETWEEN:

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SRI. MOHAMMED AYUB S/O LATE S. ABDUL AZEEZ, AGE. 49 YEARS, OCC. R/O. NEAR TVS SHOWROOM, PARVATHI NAGAR, BALLARI-583103.

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SMT. JABEEN BASARI W/O MOHAMMED AYUB, AGE. 46 YEARS, OCC. ADVOCATE, R/O. NEAR TVS SHOWROOM, PARVATHI NAGAR, BALLARI-583103.

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SMT. TAHEERA BEE W/O LATE S. ABDUL AZEEZ, SINCE DECEASED, PETITION ABATED AGAINST HER.

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Digitally signed
by
VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI
Date: 2023.11.21
16:01:26 +0530

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KUM. PARVEEN BANU D/O LATE S. ABDUL AZEEZ, AGE. 45 YEARS, OCC. HOUSEWIFE, R/O. HSR LAYOUT, 6^TH SECTOR, BOMMANAHALLI, BENGALURU-560068.

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… PETITIONERS

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(BY SRI. RAJENDRA R. PATIL, &

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SRI. SRINAND A. PACHCHAPURE, ADVOCATES FOR P1, P2 & P4; PETITION AGAINST P3 IS DISMISSED AS ABATED)

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AND:

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THE STATE OF KARNATAKA, THROUGH WOMENS POLICE STATION, BALLARI, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580011.

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2 - NC: 2023:KHC-D:13334 CRL.P No. 103227 of 2022

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SMT. PARVEEN W/O ZULFAKAR ALI, AGE. 34 YEARS, OCC. BUSINESS, R/O. NEAR COURT, MOHALLA MOSQUE, MILLER PET, BALLARI-583101.

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… RESPONDENTS

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(BY SRI. P.N. HATTI, HCGP FOR R1; KUM. RANJITA G. ALAGAWADI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.75/2020 PENDING ON THE FILE COURT OF IV ADDL. CIVIL JUDGE AND JMFC., BALLARI REGISTERED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTION 498A, 354, 354(A),323, 504, 506 R/W 34 OF IPC.

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

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ORDER

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This petition is filed by accused Nos. 2 to 5

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praying to quash the entire proceedings in C.C.No.75/2020 pending on the file of IV Additional Civil Judge and JMFC., Ballari, registered for the offences punishable under Sections 498A, 354, 354(A), 323, 504, 506 read

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with Section 34 of Indian Penal Code (hereinafter referred to as the “IPC”, for brevity). The respondent No.2 is complainant and on her

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complaint, a case came to be registered against these petitioners and another. After completing

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NC: 2023:KHC-D:13334 CRL.P No. 103227 of 2022

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investigation, charge sheet came to be filed and case is pending in C.C.No.75/2020 against these petitioners and another, on the file of IV Additional Civil Judge and JMFC., Ballari, registered for the offences punishable under Sections 498A, 354, 354(A), 323, 504, 506 read with Section 34 of IPC. Petitioners have sought for quashing of the said proceedings. During pendency of the petition, petitioner No.3/accused No.4 died, therefore, the petition by her does not survive for consideration.

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An application is filed under Section 320 read with Section 482 of the Criminal Procedure Code (hereinafter referred to as the “Cr.P.C.”, for brevity) seeking permission to compound the offences. The said application is supported by verifying affidavits of the petitioner No.2 and respondent No.2. The petitioner No.2 and respondent No.2 are physically present. The

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respondent No.2 represented by Kum. Ranjita G. Alagawadi, learned counsel. The matter between

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NC: 2023:KHC-D:13334 CRL.P No. 103227 of 2022

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petitioners and respondent No.2 has been amicably settled on following terms and conditions which are enumerated in para 2 of the application:

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a) In view of settlement between the parties the Respondent No. 2/complainant agreed to withdraw all the allegations made by her in the case on hand and she had no objection for quashing of the impugned proceedings.

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b) Accused No. 1 husband filed O.S. No. 13/2019 on the file of Family Court, Ballari for dissolution of marriage and Respondent No. 2 complainant has no objection for decreeing the said suit by granting decree of divorce.

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c) Further, Accused No. 1 husband filed G & WC No. 7/2019 on the file of Family Court, Ballari for custody of children and in terms of settlement elder daughter Mehak Ali should be in the custody of the accused and younger daughter Saniya Ali in the custody of the Respondent No. 2/complainant.

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d) The Respondent No. 2 complainant further agreed not to claim any alimony (maintenance) from the Accused No. 1 towards her and her child Saniya Ali and further she has agreed not to claim any property to her and her daughter as she is well off.

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e) In terms of compromise, both the parties undertake that they will not interfere with each other life and they will not claim any property against each other. Further, they

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NC: 2023:KHC-D:13334 CRL.P No. 103227 of 2022

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have agreed not to file any case against each other or against their family in future. They are also at liberty to lead their own life without interference of each other.

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f) Respondent No. 2 has no objection to quash the impugned proceedings in C.C. No. 75/2020 pending on the file of Court of IV Addl. Civil Judge & J.M.F.C., Ballari, registered for the alleged offences punishable under Section 498A, 354, 354(A), 323, 504 & 506 R/W 34 of IPC against all the petitioners.

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g) Respondent No.2 further undertakes that as Accused No.1 is not before this Hon’ble Court and hence herself and Accused No. 1 will present compounding application before the Court below and accordingly close the case against the Accused No. 1 also.

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h) Respondent No. 2 undertakes to withdraw all other cases pending between the parties.

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The respondent No.2 present before this Court submits that on free-will, consent and without any undue influence, force, coercion or threat by anybody, she has settled the matter on the advice of elders and well-wishers of the family in the welfare of herself and her children.

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6 - NC: 2023:KHC-D:13334 CRL.P No. 103227 of 2022

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In view of the above, offences are

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compounded. The proceedings against these petitioners in C.C.No.75/2020 on the file of IV Additional Civil Judge and JMFC., Ballari, registered for the offences punishable under Sections 498A, 354, 354(A), 323, 504, 506 read with Section 34 of IPC, in view of compounding of offences against these petitioners in C.C.No.75/2020 are quashed. Accordingly, petition is disposed of.

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Sd/JUDGE

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AC CT:BCK List No.: 1 Sl No.: 12

Sri Mohammed Ayub S/O Late S Abdul Azeez v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Sri Mohammed Ayub S/O Late S Abdul Azeez v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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