High Court of Karnataka allowed a criminal petition seeking quashing of FIR filed under sections 498A and others due to settlement between petitioners and respondent woman, conditioned on payment of alimony.
Criminal proceedings in CC.No.131/2021 quashed subject to payment of balance Rs.4,00,000/- by January 2024.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 24TH DAY OF NOVEMBER, 2023
BEFORE
THE HON'BLE MR JUSTICE R. NATARAJ CRIMINAL PETITION NO. 9108 OF 2021
BETWEEN:
Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA
BOTH ARE R/O 2ND CROSS, 3RD MAIN, NEAR MAIMUNNA MOSQUE, WADI-E-HUDA, SHIMOGA-577 203.
DRIVER
BOTH ARE R/O 2ND CROSS, 3RD MAIN, NEAR MAIMUNNA MOSQUE, WADI-E-HUDA, SHIMOGA-577203
…PETITIONERS
(BY SRI. SANDESH P NADIGER, ADVOCATE)
AND:
…RESPONDENTS (BY SMT. WAHEEDA M.M., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1;
SMT . SHAHIDA KHANAM J., ADVOCATE FOR RESPONDENT NO.2)
THIS CRL.P IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.131/2021 ON THE FILE OF J.M.F.C.-II COURT, SHIVAMOGGA FILED AGAINST THE PETITIONERS FOR THE
OFFENCES PUNISHABLE UNDER SECTIONS 498A, 354, 323, 506, 114 READ WITH 34 OF IPC IN CR.NO.85/2020 BY THE WOMEN POLICE STATION, SHIVAMOGGA.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners have challenged the prosecution launched against them in C.C.No.131/2021 for the offences punishable under Sections 498A, 354, 323, 506, 114 read with Section 34 of IPC pending trial before the JMFC - II Court, Shivamogga.
"The Counsel for the Petitioners and Respondent No.2 humbly submits that the Petitioners and Respondent No.2 have amicably settled the dispute. The Petitioner No.1 has agreed to pay Rs.11,00,000/- (Rupees Eleven Lakh only) to Respondent No.2 towards permanent alimony and Respondent No.2 has also agreed to receive the same and withdraw the Criminal case pending against the Petitioners in CC No.131/2021 on the
file of the JMFC II Court, Shivamogga for the offences punishable under Sections 498A, 354, 323, 506, 114 read with section 34 of the IPC, 1860 filed by the Mahila Police, Shivamogga. The Petitioner No.1 has paid Rs.3,00,000/- (Rupees Three lakhs only) by way of cash and Rs.4,00,000/- (Rupees Four lakhs only) by way of cheque to Respondent No.2 and undertakes to pay the balance in the month of January, 2024. Respondent No.2 also acknowledges the same.
Hence, it is prayed that this Hon'ble Court may be pleased to allow the Petition and quash the FIR, Chargesheet and the entire proceedings there on pending in CC No.131/2021 on the file of the JMFC II Court, Shivamogga for the offences punishable under Sections 498A, 354, 323, 506, 114 read with section 34 of the IPC, 1860 filed by the Mahila Police, Shivamogga in the interest of justice."
a sum of Rs.3,00,000/- is paid by cash and Rs.4,00,000/- is paid by way of cheque to respondent No.2. The balance sum of Rs.4,00,000/- shall be paid in the month of January, 2024.
NC: 2023:KHC:42578 CRL.P No. 9108 of 2021
List No.: 1 Sl No.: 39
Sd/JUDGE
PMR
2 issues framed by the court
Whether criminal proceedings under Sections 498A and others be quashed upon settlement
Whether proceedings can be quashed subject to performance of payment obligations
2 provisions across 2 enactments
SHRI. JAMEEL BASHA S/O ABDUL RAHIM
SHT. JABEENA W/O FAIROZ HUSEN
SMT. HASEENA W/O MOHAMMED DASTAGIR
SMT. RUKSANA TABSUM W/O SYED HAFIZA
SHRI FAIROZ HUSEN S/O SULTAN MUHIDDIN
SHRI MOHAMMED DASTAGIR
R. NATARAJ
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
