Allowed

Faisal Khan v. State by

Karnataka HC6 Apr 2023CRL.P/2400/2023

Case brief

AI extract

What is this about?

High Court allowed a criminal petition under Section 482 Cr.P.C. quashing proceedings against the petitioner under Sections 498A IPC and the Dowry Prohibition Act, finding that the parties had amicably settled the dispute and a Khula had been granted.

What did the court decide?

Quashed the entire proceedings in C.C. No.899/2021 arising out of Crime No.43/2020 for offences under Sections 498A IPC and the Dowry Prohibition Act.

Faisal Khan Vs State by — Dowry and Cruelty | Karnataka HC (2023)

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CRL.P No. 2400 of 2023

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^TH DAY OF APRIL, 2023

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BEFORE

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THE HON’BLE MR. JUSTICE S VISHWAJITH SHETTY

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CRIMINAL PETITION NO.2400 OF 2023

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BETWEEN:

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FAISAL KHAN S/O. SRI ABDUL SUBAN KHAN, AGED ABOUT 27 YEARS, R/AT NO.43, 1^ST FLOOR, 11^TH MAIN, BTM LAYOUT, BENGALURU – 560 029. ... PETITIONER

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(BY MRS. SHARADA N., ADVOCATE)

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AND:

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STATE BY: STATION HOUSE OFFICER (IN-CHARGE) WOMEN POLICE STATION, CHIKKAMAGALURU – 577 101.

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Digitally signed by MAHALAKSHMI B M Location: HIGH COURT OF KARNATAKA

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SIMRAN W/O. MR. FAISAL D/O. ASGAR ALI, AGED ABOUT 24 YEARS, R/O. HARIYAPPA BEEDI, CHIKKAMAGALURU – 577 101. ... RESPONDENTS

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(BY MRS. M.S. NAGAMANI, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.899/2021 IN CRIME NO.43/2020 REGISTERED BY THE 1^ST RESPONDENT POLICE UNDER SECTION 498A, 323, 506, 34 OF IPC 1860 AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT 1961 PENDING ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, CHIKKAMAGALURU.

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CRL.P No. 2400 of 2023

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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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This criminal petition under Section 482 of Cr.P.C. is filed by accused No.1 with a prayer to quash the entire proceedings in C.C. No.899/2021, arising out of Crime No.43/2020 registered by respondent No.1-police for the offence punishable under Sections 498A, 323, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 pending on the file of the II Additional Senior Civil Judge and JMFC, Chikmagalur.

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Learned counsel for the petitioner and learned counsel for respondent No.2/complainant jointly submit that the dispute between the parties has been amicably settled and they have filed the joint affidavit reporting settlement and also submit that the proceedings as against the other accused has already been quashed in Crl. P. No.1225/2021. The joint affidavit filed by the parties is taken on record.

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CRL.P No. 2400 of 2023

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The relevant portion of the said joint

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affidavitreads as follows:

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"2. we state that the present criminal petition is filed seeking to quash the entire proceedings in CC.No 899/2021 in Crime No.43/2020, registered by the 1^st respondent police under section 498-A, 323, 506, 34 of IPC 1860 and section 3 and 4 of the Dowry Prohibition Act 1961 pending on the file of the II Additional Senior Civil Judge and JMFC, Chikkamagaluru and dismiss the complaint made by the respondent No.2 against the petitioner for the offences punishable under section 498-A, 323, 506, 34 of IPC 1860 and section 3 and 4 of the Dowry Prohibition Act 1961.

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we state that we have settled the disputes in RPFC 246/2022 and RPFC 247/2022 before this Hon'ble court by way of filing joint memo and as per the terms of the joint memo 3 cheques are also issued in favour of the 2^nd respondent towards maintenance of the 2^nd respondent and baby as full and final settlement as per condition No.2 of the joint memo dated 6-1-2023 the 2nd respondent has also given "KHULA" to the petitioner and the certificate is also issued by the DARUL QAZA IMARAT-E-SHARIAH, CHIKKAMAGALURU District, Karnataka.

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CRL.P No. 2400 of 2023

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We state that the 2^nd respondent herein filed case for maintenance in Cri. Misc. 113/2021 and Cri. Misc. 79/2022, before Principal Family Court, Chikkamagaluru, under the provisions of the DV Act and the petitioner herein was directed to pay the Maintenance of Rs. 3000/- per month to the child and in Cri Misc 114/2021 and Crl. Misc.78/2022 the petitioner was directed to pay maintenance of Rs.7,000/- per month to the 2^nd respondent vide common order dated 16-12-2021. The petitioner challenged the same before this Hon'ble court in RPFC 246/2022 and RPFC 247/2022 and both ended in a compromise by filling a joint memo dated 6-12023 and the petitions in RPFC 246/2022 and RPFC 247/2022 are allowed vide order of this Hon'ble Court dated 6-1-2023.

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5.we state that the parties have hereby withdrawn the allegations made against each other in view of the amicable settlement. The matter bearing CC.No.899/2021 in Crime No.43/2020, filed against the petitioner may kindly be quashed."

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4. Taking into consideration the judgment of the

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Hon'ble Supreme Court in the case of Gian Singh Vs.

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State of Punjab and another reported in (2012) 10

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SCC 303 , I am of the considered view that, it is a fit case

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5 - CRL.P No. 2400 of 2023

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where the inherent power of this Court under Section 482 of Cr.P.C. is required to be exercised to quash the proceedings against the petitioner which is pending in C.C. No.899/2021 before the II Additional Senior Civil Judge and JMFC, Chikmagalur, since the parties, who are husband and wife have settled all the disputes pending between themselves and decided to reside separately and accordingly, the following:

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ORDER

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i. The criminal petition is hereby allowed.

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ii. The entire proceedings in C.C. No.899/2021 arising

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out of Crime No.43/2020 registered by respondent No.1 police, which is pending on the file of the II Additional Senior Civil Judge and JMFC, Chikmagalur for the offence punishable under Sections 498A, 323, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 is hereby quashed.

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Sd/-

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JUDGE

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MBM

Faisal Khan v. State by

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Faisal Khan v. State by

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