Dismissed

Dasthageer Pasha v. State of Karnataka

Karnataka HC6 Jun 2023CRL.P/528/2023

Case brief

AI extract

What is this about?

In two joined criminal petitions filed under Section 482 Cr.P.C. by a husband and wife against their respective spouses and the State, the High Court of Karnataka quashed the pending FIR numbers and criminal proceedings after the parties filed a joint memo settling all disputes and agreeing not to file future cases against each other.

What did the court decide?

The criminal petitions are disposed and the proceedings in the respective Criminal Cases stand quashed in view of the settlement between the parties.

Dasthageer Pasha Vs State of Karnataka — Quashing and FIR | Karnataka HC (2023)

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NC: 2023:KHC:19159 CRL.P No. 528 of 2023 C/W CRL.P No. 9208 of 2022

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 6^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. 528 OF 2023

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C/W

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CRIMINAL PETITION NO. 9208 OF 2022

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In CRIMINAL PETITION NO. 528 OF 2023

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BETWEEN:

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DASTHAGEER PASHA, S/O MOHAMMED HASHIM, AGED ABOUT 52 YEARS,

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RIHANA BANU, W/O DASTHAGIR PASHA, AGED ABOUT 48 YEARS,

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

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JABI ULLA, S/O DASTHAGIR PASHA, AGED ABOUT 27 YEARS,

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NASEER, S/O MUNEER AHAMED, AGED ABOUT 27 YEARS, PETITIONERS NO.1 TO 4 ARE R/O 81, 82, RICHMOND TOWN, RESIDENCY ROAD, BANGALORE – 560 025.

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IMRAN, S/O BAPU,

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AGED ABOUT 48 YEARS,

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NC: 2023:KHC:19159 CRL.P No. 528 of 2023 C/W CRL.P No. 9208 of 2022

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NO.14, SLATER HOUSE ‘G’ STREET SHIVAJINAGAR,

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BENGALURU – 560 051.

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MANSOOR, S/O ABBAS, AGED ABOUT 37 YEARS, NO.15-1, 15^TH CROSS, DAVIS ROAD, BENGALURU – 560 084.

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AMREEN BANU, D/O DASTHAGIR SAB, AGED ABOUT 22 YEARS, R/AT NO.81, 82, RICHMOND TOWN, RESIDENCY ROAD, BENGALURU – 560 025.

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…PETITIONERS

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(BY SRI. JOSHUA HUDSON SAMUEL, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY THILAK PARK POLICE STATION, TUMKUR – 572 101. REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA,

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MR. MOHAMED IRFAN, S/O PYAREJAN, AGED ABOUT 25 YEARS, R/AT 3^RD CROSS, TUDA LAYOUT, TUMAKURU – 572 106.

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…RESPONDENTS

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(BY SMT. K.P.YASHODA, HCGP FOR R-1;

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NC: 2023:KHC:19159 CRL.P No. 528 of 2023 C/W CRL.P No. 9208 of 2022

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SRI. MARUTHI S. H., ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR REGISTERED IN CR.NO.45/2021 DATED 03.07.2021 FOR REGISTERED U/S P/U/S 143, 147, 323, 324, 504, 506, 427 R/W 149 OF IPC REGISTERED BY THE RESPONDENT NO.1, i.e., THILAK PARK POLICE STATION. AND CONSEQUENTLY THE PROCEEDINGS IN CR.NO.45/2021 PENDING ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND J.M.F.C., TUMAKURU.

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IN CRIMINAL PETITION NO. 9208 OF 2022

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BETWEEN:

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MOHAMMED IRFAN, S/O PYAREJAN, AGED ABOUT 35 YEARS, MUSLIM, NO.3, 2^ND CROSS, RAJEEVGANDHI NAGAR, TUMKURU RING ROAD, TUMKURU - 572 105.

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FAMEEDA, W/O PYAREJAN, AGED ABOUT 35 YEARS, MUSLIM, NO.3, 2^ND CROSS, RAJEEVGANDHI NAGAR, TUMKURU RING ROAD, TUMKURU - 572 105.

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YOUSUF, S/O PYAREJAN, AGED ABOUT 40 YEARS,

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NC: 2023:KHC:19159 CRL.P No. 528 of 2023 C/W CRL.P No. 9208 of 2022

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MUSLIM, NO.3, 2^ND CROSS, RAJEEVGANDHI NAGAR, TUMKURU RING ROAD, TUMKURU - 572 105.

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SHANU @ MAHABOOBJAN W/O AFROJ, AGED ABOUT 40 YEARS, MUSLIM, NO.3, 2^ND CROSS, RAJEEVGANDHI NAGAR, TUMKURU RING ROAD, TUMKURU - 572 105.

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AFROZ S/O SARDAR, AGED ABOUT 45 YEARS, MUSLIM, NO.3, 2^ND CROSS, RAJEEVGANDHI NAGAR, TUMKURU RING ROAD, TUMKURU – 572 105.

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…PETITIONERS

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(BY SRI. BIKKANNAVAR,ADVOCATE)

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AND:

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STATE OF KARNATAKA

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BY EAST ZONE WOMEN POLICE STATION, PULAKESHINAGAR, (REPRESENTED BY LEARNED

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HIGH COURT GOVT. PLEADER) - 560 102.

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SMT. AMREEN BANU, W/O MOHAMMED IRFAN, AGED ABOUT 22 YEARS, HOUSEWIFE, MUSLIM, NO. 81-82, RICHMOND ROAD,

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NC: 2023:KHC:19159 CRL.P No. 528 of 2023 C/W CRL.P No. 9208 of 2022

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ASHOK NAGAR, BENGALURU - 560 025.

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…RESPONDENTS

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(BY SMT. K.P.YASHODA, HCGP FOR R-1; SRI. MARUTHI S. H., ADVOCATE R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.37374/2021 OF WEST ZONE P.S., FOR THE OFFENCE P/U/S 498A, 504, 506B, 354C, 323 R/W 34 OF IPC AND ALSO UNDER SEC.3 AND 4 OF D.P ACT PENDING TRIAL ON THE FILE OF 6^TH ADDL.C.M.M COURT, NRUPATUNGA ROAD, BENGALURU.

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THESE CRIMINAL PETITIONS, COMING ON FOR FINAL HEARING, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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Petitioners in Crl.P.No.528/2023 - husband and his family

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are before this Court calling in question the proceedings in C.C.No.22420/2021, pending before the III Additional Civil Judge and JMFC, Tumkur, for the offences under Sections 143, 147, 323, 324, 504, 506, 427 r/w. 149 of the IPC. Petitioners in Crl.P.No.9208/2022 - wife and her family members are before this Court calling in question the proceedings in C.C.No.37374/2021, pending before the 6^th Additional C.M.M., Court, Nrupatunga Road, Bengaluru, for the offences under Sections 498A, 504, 506B, 354C, 323 r/w. 34 of the IPC.

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NC: 2023:KHC:19159 CRL.P No. 528 of 2023 C/W CRL.P No. 9208 of 2022

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Learned counsel appearing for the petitioners and respondent No.2 in both the petitions in unison would submit that the parties to the lis have settled the disputes among themselves and a joint memo to that effect is filed before this Court. The conditions of the settlement also recognize the present proceedings impugned in both the petitions.

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The terms of the joint memo, read as follows:

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“i. The Respondent No.2 agrees and state that he has no objection to quash the proceedings in CC No.22420/2021 pending before the III Additional Civil Judge and JMFC, Tumkur for the offences punishable under Section 143, 147, 323, 324, 504, 506, 427 of Indian Penal Code against the Petitioners in Criminal Petition No.528/2023.

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ii. The Petitioner No.7 also agrees and state that she has no objection to quash the proceedings in CC No.37374/2021 pending before the VI Additional Chief Metropolitan Magistrate Bangalore for the offences under section 313, 323, 506(B). 354. 498A and 504 of Indian Penal Code against the Petitioners in Criminal Petition No.9208/2022.

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iii. The Petitioners and Respondent No.2 in Criminal Petition 528/2023 and the Petitioners and Respondent No.2 in Criminal Petition 9208/2022 have agreed and undertaken that they will be have no claims whatsoever against each other, and they will not indulge in filing any cases, complaints against each other on whatsoever grounds.”

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In the light of the settlement arrived at between the parties, in both the petitions, I deem it appropriate to dispose

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NC: 2023:KHC:19159 CRL.P No. 528 of 2023 C/W CRL.P No. 9208 of 2022

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the petitions by quashing the impugned proceedings initiated against each other.

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For the aforesaid reasons, the following:

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ORDER

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a. The criminal petitions are disposed.

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b. The proceedings in C.C.No.22420/2021, pending on the file of the III Additional Civil Judge and JMFC, Tumkur and the proceedings in C.C.No.37374/2021, pending on the file of the VI Additional C.M.M., Benglauru, stand quashed.

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Sd/JUDGE

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NVJ List No.: 1 Sl No.: 139 CT:SS

Dasthageer Pasha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Dasthageer Pasha v. State of Karnataka

Case brief

What is this about?

What did the court decide?

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