Allowed

Mr. Kareem Shariff v. the State of Karnataka

Karnataka HC14 Jun 2023CRL.P/2095/2022

Case brief

AI extract

What is this about?

The High Court of Karnataka granted leave under Section 482 Cr.P.C. to quash an FIR registered under Section 498-A IPC. The court accepted a settlement agreement drawn up between the petitioner and the complainant during the pendency of the petition, which explicitly included a condition for the closure of the criminal proceedings.

What did the court decide?

Criminal Petition disposed of; FIR in Cr.No.347/2021 and proceedings quashed.

Mr. Kareem Shariff Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC:20468 CRL.P No. 2095 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14^TH DAY OF JUNE, 2023

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 2095 OF 2022

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BETWEEN:

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MR. KAREEM SHARIFF, S/O MR USMAN SHARIFF, AGED ABOUT 48 YEARS, R/AT FLAT NO.F-202 1^ST FLOOR, APPAJAPPA LAYOUT, SHAMPURA, KAVAL BAIRASANDRA, BANGALORE-560 032.

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…PETITIONER

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(BY SRI. MANISH KUMAR .S, ADVCOATE FOR SRI. S.V. GIRIDHAR, ADVOCATE)

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AND:

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Digitally signed by PADMAVATHI B K Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA BY DEVARAJEEVANAHALLI POLICE STATION, BANGALORE, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.

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MRS. MAIMUNA KHATOON FARHANA D/O MR.RAHMATULLA KHAN, W/O MR.KAREEM SHARIFF, R/AT NO.27, SHARIF MANZIL, GROUND FLOOR, 2^ND MAIN ROAD, AMBEDKAR LAYOUT, SHAMPURA EXTENSION, KAVAL BYRASANDRA, R.T. NAGAR POST, BANGALORE-560 032

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…RESPONDENTS

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(BY SRI. MAHESH SHETTY, HCGP FOR R1)

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2 - NC: 2023:KHC:20468 CRL.P No. 2095 of 2022

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THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C, PRAYING TO QUASH THE FIR AND CRIMINAL PROCEEDINGS AGAINST THE PETITIONER IN CR.NO.347/2021 FOR OFFENCE P/U/S.498-A OF IPC REGISTERED BY THE RESPONDENT NO.1 DEVARAJEEVANAHALLI P.S., PENDING ON THE FILE OF THE HONBLE 11^Th ACMM AT BENGALURU.

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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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The petitioner is before this Court calling in question proceedings in crime No.347/2021 for the offence punishable under Section 498A of the Indian Penal Code, 1860.

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During pendency of the petition, both the petitioner and the complainant have settled the dispute in OS No.249/2021 by drawing up certain conditions of settlement. One of the conditions is, closure of the present proceedings. The condition in so far as the present lis reads as follows:

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“The Defendant has filed Criminal Miscellaneous No.591/2021, under Section 125 of the Code of Criminal Procedure, 1973 seeking maintenance from the Plaintiff herein and the same is pending before the Hon’ble VI Additional Judge, Family Court, Bangalore. The Defendant has also filed a complaint with the police and the same is registered as C.C.No.53936/2022 under Section 498A of the Indian Penal code, pending before the XI Additional Chief Metropolitan Magistrate at Mayo

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NC: 2023:KHC:20468 CRL.P No. 2095 of 2022

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Hall Bangalore. As against the Interim Order passed in Criminal Miscellaneous No.591/2021, the Plaintiff has filed Writ Petition No.8330/2022 on the file of the Hon’ble High Court of Karnataka and has secured an Interim Order in the said proceedings which is pending. The Plaintiff has filed proceedings under Section 482 of the code of Criminal Procedure, 1973 seeking to quash C.C.No.53936/2022 pending before the XI Additional Chief Metropolitan Magistrate at Mayo Hall, Bangalore.

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11. The Defendant for self and for the benefit of the two daughters herein had filed a suit in O.S.No.25731/2018 against the plaintiff pending on the file of the Court of the City Civil Judge, Bangalore City, Bangalore seeking a Decree of Perpetual Injunction. The plaintiff filed a Memo in the said proceedings to the effect that he would secure the possession of the property from the Defendant in accordance with law. In terms with the said Memo the suit came to be decreed. In continuation of the decree passed in O.S.No.25731/2018, the Plaint has filed a suit for injunction against defendant and children before the Family Court, Bangalore and the same is registered as O.S.No.361/2022, and pending for adjudication.”

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In the light of the settlement arrived at between the

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parties as afore-observed, the offence being one punishable under Section 498A, I deem it appropriate to accept the settlement and terminate the proceedings against the petitioners.

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For the aforesaid reasons, the following:

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ORDER

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i) The criminal petition is disposed of.

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NC: 2023:KHC:20468 CRL.P No. 2095 of 2022

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ii) The FIR and criminal proceedings in Cr.No.347/2021 for the offence punishable under Section 498A of IPC pending on the file of learned 11^th ACMM at Bengaluru, stands quashed.

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Sd/JUDGE

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DS List No.: 1 Sl No.: 73

Mr. Kareem Shariff v. the State of Karnataka

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Mr. Kareem Shariff v. the State of Karnataka

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