Disposed

Mohammed Irfan K S S/O K S Abdul Samad v. the State of Karnataka

Karnataka HC18 Sept 2024CRL.P/101340/2023

Case brief

AI extract

What is this about?

Accused Nos.1 to 5 sought quashing of proceedings for offences under Sections 498A, 323, 504, 506, 114 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. Following mediation, husband and wife settled disputes with Rs.14 lakh permanent alimony and agreed terms. The complainant-wife had no objection to quashing; proceedings were quashed and petition disposed of.

What did the court decide?

Proceedings against the petitioners in CC No.1154/2023 pending before Principal Civil Judge and JMFC Court, Hosapete were quashed in view of the parties' settlement.

Mohammed Irfan K S S/O K S Abdul Samad Vs the State of… — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC-D:13684 CRL.P No. 101340 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 18^TH DAY OF SEPTEMBER 2024

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BEFORE

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THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 101340 of 2023

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BETWEEN:

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MOHAMMED IRFAN K S S/O K S ABDUL SAMAD AGE: 30 YEARS, OCC: ENGINEER, R/O: 16TH WARD, NEAR SAPTAGIRI SCHOOL, BASAVESHWARA BADAVANE, HOSAPETE, VIJAYANAGARA DISTRICT. PIN 583201

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K S ABDUL SAMAD S/O K S ABDUL RAHIM AGE: 58 YEARS, OCC: LECTURER GOVERNMENT JUNIOR COLLEGE T B DAM, R/O: 16TH WARD, NEAR SAPTAGIRI SCHOOL,

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BASAVESHWARA BADAVANE, HOSAPETE, VIJAYANAGARA DISTRICT. PIN 583201

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YASHAVANT NARAYANKAR

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Location: HIGH COURT OF KARNATAKA

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SMT. SAYIDA MUBEENA W/O K S ABDUL SAMAD AGE: 57 YEARS, OCC: GOVERNMENT SCHOOL TEACHER, R/O: 16TH WARD, NEAR SAPTAGIRI SCHOOL, BASAVESHWARA BADAVANE, HOSAPETE, VIJAYANAGARA DISTRICT, PIN 583201

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MOHAMMED FARHAN K S S/O K S ABDUL SAMAD AGE: 25 YEARS, OCC: GOVERNMENT DOCTOR IN PHC CHITTWADIGI, R/O: 16TH WARD, NEAR SAPTAGIRI SCHOOL, BASAVESHWARA BADAVANE, HOSAPETE, VIJAYANAGARA DISTRICT, PIN 583201

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SYED JAKEER ALIAS SYED MAHABOOB ALI S/O SYED AMANULLA, AGE: 53 YEARS, R/O: BANAGAR STREET, 12TH WARD,

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2 - NC: 2024:KHC-D:13684 CRL.P No. 101340 of 2023

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CHITTAWADIGI, HOSAPET, VIJAYANGAR DISTRICT, PIN 583211

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…PETITIONERS

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(BY SRI. G N NARASAMMANAVAR, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY CHITTAVADAGI POLICE STATION, TQ: HOSAPET, DIST: VIJAYANAGAR, R/BY SPP HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD

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SMT. T SUMAIA R/O: H.NO.461 NEAR DR. PERUMAL HOUSE, 16TH WARD, BASAV, PRESENT OFFICIAL COLONY, T B DAM, VIJAYANAGAR DISTRICT PIN 583201

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…RESPONDENTS

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(BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. PRASHANT S. KADADEVAR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO CALL FOR RECORDS IN THE CC NO. 1154/2023 PENDING ON THE FILE OF PRL. CIVIL JUDGE AND J.M.F.C. COURT HOSAPETE, BALLARI, ALLOW THIS PETITION AND QUASH THE COMPLAINT, FIR AND ENTIRE PROCEEDINGS AGAINST THE ACCUSED/ PETITIONERS IN HOSAPETE CC NO. 1154/2023 FOR THE OFFENCE U/SEC. 498A, 323, 504, 506, 114 R/W SEC. 34 OF IPC AND 3 AND 4 OF D.P. ACT PENDING ON THE FILE OF PRL. CIVIL JUDGE AND J.M.F.C. COURT HOSAPETE BALLARI.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE

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COURT MADE THE FOLLOWING:

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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3 - NC: 2024:KHC-D:13684 CRL.P No. 101340 of 2023

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ORAL ORDER

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This petition is filed by accused Nos.1 to 5 under Section 482 Cr.P.C praying to quash the proceedings in CC No.1154/2023 registered for offence punishable under Sections 498-A, 323, 504, 506 and 114 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act pending on the file of Principal Civil Judge and JMFC Court, Hosapete.

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A case came to be registered against the petitioners on the complaint of respondent No.2 in Crime No.46/2002 of Chittawadigi Police Station for aforesaid offences. The Police after investigation filed charge sheet against the petitioners for the aforesaid offences. On the basis of the charge sheet, a case came to be registered against the petitioners in CC No.1154/2023 pending on the file of Principal Civil Judge and JMFC Court, Hosapete, the proceedings of the said criminal case are sought to be quashed in the present petition. The matter was referred to Mediation Centre. The report of Mediation Centre has

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4 - NC: 2024:KHC-D:13684 CRL.P No. 101340 of 2023

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been received. The parties have entered into memorandum of agreement. The said memorandum of agreement is signed by petitioner Nos.1 to 5 and respondent No.2 and their respective counsels. The terms and conditions of the said settlement are stated in para Nos.3 and 4 of the said memorandum of agreement, which

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reads thus;

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The Petitioners and Respondent No.2 have amicably settled their disputes the terms and conditions of the settlement are as under :-

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a) The Petitioner No.1/ Husband agreed to pay a sum of Rs. 14,00,000/- (Fourteen Lakhs Only) towards full and final settlement and permanent alimony in favour of Respondent No.2. The Respondent No.2/Wife of the Petitioner No.1 agreed to receive a sum of Rs.14,00,000/- (Fourteen Lakhs Only) towards full and final settlement and for her permanent alimony. The Petitioner No.1 and the Respondent No.2 have mutually agreed to file a suit before the competent Court at Hospete seeking for dissolution of their marriage solemnized on 24.10.2021 at Tirumala Iyengar Hall, T.B.Dam. The Petitioner No.1 and Respondent No.2 have mutually agreed to pay and receive the

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5 - NC: 2024:KHC-D:13684 CRL.P No. 101340 of 2023

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above said amount by way of Demand Draft drawn in favour of Respondent No.2, before the competent Civil Court in the original suit for dissolution of their marriage to be filed by the parties within one month from the date of receipt of certified copy of the order in the above case.

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b) The Petitioner No.1 unconditionally agreed to withdraw O.S No.256/2023 pending on the file of III Additional Civil Judge and JMFC, Hospete, which is filed against Respondent No.2 for restitution of conjugal rights same is pending.

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c) The Respondent No.2 unconditionally agreed to withdraw Cri.Misc No.19/2023, pending on the file of the Learned Addl. Civil Judge and JMFC, Hospete, which is filed against Petitioner No. 1 for seeking Maintenance same is pending. d) The Petitioners and Respondent No.2 have no claim whatsoever against each other.

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e) The Respondent No.2 agreed that she will not claim any arrears of maintenance or she will not initiate any Proceedings, Civil or Criminal Cases including property rights etc., against the Petitioner No.1 or against his Family members and his relatives in future. f) If either of the parties fail to withdraw the cases filed against each other as stated above within 2 months from the date of the

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6 - NC: 2024:KHC-D:13684 CRL.P No. 101340 of 2023

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dissolution of their marriage, either of the parties have no objections for dismissal of the above referred cases by either of the parties.

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g) Both the petitioners and respondent No.2 herein shall not have any rights in each other's life and shall never interfere in future and here with shall never invade each other's privacy.

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h) Both the Petitioners and Respondent No.2 herein agreed to destroy all belongings pertaining to them including digital copies, videos, photos and etc and also other belongings if any.

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i) The Petitioner No.1 and Respondent No.2 have mutually agreed to file a suit for dissolution of their marriage and the compromise petition in above terms and conditions.

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The Respondent No.2 has no objections to quash the proceedings in CC No.1154/2023, on the file of the learned Principal Civil Judge and JMFC, Hospete, for the offences punishable under Sections 498A, 323, 504, 506, 114 R/w Section 34 of IPC and Sections 3 & 4 of Dowry Prohibition Act, in view of the above compromise. In the event for any reason the marriage is not dissolved as stated above, the parties are at liberty to revive the above petition.

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7 - NC: 2024:KHC-D:13684 CRL.P No. 101340 of 2023

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The petitioners/ accused Nos.1 to 5 and

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respondent No.2 are present and submits that they have voluntarily entered into an agreement and they are abiding by the terms of the settlement stated in the said agreement. The respondent No.2 is present and submits that in view of the settlement, she has no objections to quash the proceedings in CC No.1154/2023, pending on file of Principal Civil Judge and JMFC Court, Hosapete.

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In view of the above, the proceedings against the petitioners in CC No.1154/2023 pending on the file of Principal Civil Judge and JMFC Court, Hosapete, are quashed. Accordingly, the petition is disposed of.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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PJ CT: CNB List No.: 2 Sl No.: 1

Mohammed Irfan K S S/O K S Abdul Samad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mohammed Irfan K S S/O K S Abdul Samad v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

What the court decided

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