Allowed

Mrs. Fouzia Saleem v. the State of Karnataka

Karnataka HC11 Nov 2024CRL.P/1435/2021

Case brief

AI extract

What is this about?

In-laws of the de facto complainant sought quashing of a charge sheet under Sections 498A and 506 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act after amicable settlement. The Court permitted compounding under Sections 320(2) and 320(8) Cr.PC with Section 482 and quashed the proceedings.

What did the court decide?

Criminal proceedings in CC No.20675/2020 against petitioners/accused Nos.2 and 3 quashed; parties permitted to compound the offence.

Mrs. Fouzia Saleem Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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1 - NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 11^TH DAY OF NOVEMBER, 2024

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BEFORE

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THE HON'BLE MRS JUSTICE M G UMA

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CRIMINAL PETITION NO. 1435 OF 2021

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BETWEEN:

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MRS. FOUZIA SALEEM W/O. MR. MOHAMMED ZAKRIYA @ SALEEM AGED ABOUT 53 YEARS

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MR. MOHAMMED ZAKRIYA @ SALEEM S/O. OSMAN AGED ABOUT 36 YEARS

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ALL ARE RESIDING AT FLAT NO.16, BATCHMAL ROAD, "TUSCAN ELEGANCE", FALT, NO.202, 2^ND FLOOR, COX TOWN, BENGALURU - 560 005

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…PETITIONERS

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Digitally signed by SWAPNA V Location: high court of karnataka

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(BY SRI. ASLAM KHAN .M., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY EAST ZONE WOMEN P.S. BENGALURU, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU - 560 001.

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MRS. SHAIK FATHIMA NAJEEB @ SADIYA WAJID, W/O MR. ABDUL WAJID, NO. 4/1, 'A' STREET, NANJAPPA CIRCLE, SHANTHINAGAR BENGALURU - 560 027

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. S.P.P. FOR R1 SRI. SRINIVASA .T., ADVOCATE

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(FAIZ PASHA & ASSTS.) FOR R2 (VK FILED))

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2 - NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE IMPUGNED CHARGE SHEET AND SET ASIDE THE COMPLAINT DATED 29.02.2020 IN CR.NO.32/2020 AND CHARGE SHEET IN C.C.NO.20675/2020 BY WHICH COGNIZANCE WAS TAKEN BY THE RESPONDENT POLICE HAD REGISTERED A CASE UNDER SEC.498A, 506 R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT AND WHICH IS PENDING BEFORE THE HON'BLE COURT OF 6^TH A.C.M.M., BENGALURU.

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THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS JUSTICE M G UMA

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ORAL ORDER

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Sri.Aslam Khan, learned counsel for the petitioner and Sri Srinivasa T, learned counsel for respondent No.2 respectively have filed the petition under Section 482 R/w Section 320(2) and 320(8) of Cr.PC seeking permission to compound the offence and also to quash the criminal proceedings pending in CC No.20675/2020 on the file of the learned XI Additional Chief Judicial Magistrate, Mayohall, Bengaluru City, for the offences punishable under Sections 498A and 506 R/w Section 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act.

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Petitioner Nos.1 and 2 and respondent No.2 are present before the Court and they are identified by their respective counsels.

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3 - NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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3. The joint affidavit reads as under:

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JOINT AFFIDAVIT

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"We, 1) Mrs. Fouzia Saleem W/o. Mr. Mohammed Zakriya @ Saleem Aged about 53 years, 2) Mr. Mohammed Zakriya @ Saleem S/o. Osman Aged about 36 years Both are residing at No. 16, Bacthmal Road, "Tuscan Elegance", Flat No.202, 2^nd Floor, Cox Town, Bengaluru - 560 005. And Mrs. Shaik Fathima Najeeb @ Sadiya Wajid W/o. Mr. Abdul Wajid R/at No.4/1. 'A' Street, Nanjappa Circle, Shanthinagar, Bengaluru-560027 do hereby solemnly affirm and state on oath as follows:

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1. We submit that, the petitioner No.1 and 2 have preferred this petition to quash the Charge sheet filed against the petitioners/accused no.2 and 3 in east zone women p.s. in CC No.20675/2020 for the alleged offence punishable U/Sec 498A, 506 R/w Sec 34 of IPC and Sec 3 & 4 of D.P. Act on the file of the learned XI Additional Chief Judicial Magistrate, Mayo Hall, Bengaluru City. The respondent No.2 is wife of son of petitioners i/e Mr. Abdul Wajid.

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2. We submit that the marriage between son of petitioners i/e Mr. Abdul Wajid with the respondent No.2 with solemnized on 14/06/2012 and Two daughters were born to them.

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4 - NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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3. We submit that at the instance of elders and wellwishers the petitioners and respondent No. 2 have amicably settled all our differences, litigations and disputes and decided to live together with love and affection, Accordingly, the son of petitioners i/e Mr Abdul Wajid and the respondent No.2 have decided to lead happy marital life with their children.

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4. We submit that, the matter is purely private, personal and matrimonial in nature. In order to facilitate the son of petitioners i/e Mr Abdul Wajid and the respondent No.2 to lead happy married life and move on in the life, it is just and necessary to quash the Charge Sheet filed against the petitioners/ accused No.2 & 3 in East Zone Women P.S in CC No.20675/2020 for the alleged offence punishable U/Sec 498A, 506 R/W See 34 of IPC and Sec 3 & 4 of D.P. Act by exercising the power under section 482 of the Criminal Procedure Code.

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5. We submit that, in view of the settlement between the petitioners and the respondent No.2, the respondent No.2 has no objections to quash the Charge Sheet filed against the petitioners.

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5 - NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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for the alleged offence punishable U/Sec 498A, 506 R/W Sec 34 of IPC and Sec 3 & 4 of D.P. Act on the file of the learned XI Additional Chief Judicial Magistrate, Mayo hall, Bengaluru City, in the interest of justice and equity.

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We do hereby verify and declare that what is stated in this affidavit is true and correct to the best of our knowledge, information and belief and information and to that effect we have signed this affidavit."

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The joint memo filed by the parties reads as under:

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JOINT MEMO IS FILED BY THE PETITIONER NO.1 AND 2 AND RESPONDENT NO.2

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"We, 1. Mrs. Fouzia Saleem W/o. Mr. Mohammed Zakriya @ Saleem Aged about 53 years, 2. Mr. Mohammed Zakriya @ Saleem S/o. Osman Aged about 36 years Both are residing at No.16, Bacthmal Road, "Tuscan Elegance", Flat No.202, 2^nd Floor, Cox Town, Bengaluru - 560 005. And Mrs. Shaik Fathima Najeeb @ Sadiya Wajid W/o. Mr. Abdul Wajid R/at No.4/1. 'A' Street, Nanjappa Circle, Shanthinagar, Bengaluru-560027 do hereby solemnly affirm and state on oath as follows:

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1. We submit that, the petitioner No.1 and 2 have preferred this petition to quash the Charge sheet filed against the petitioners/accused No.2 and 3 in east zone Women P.S. in CC No.20675/2020 for

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6 - NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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the alleged offence punishable U/Sec 498A, 506 R/w Sec 34 of IPC and Sec 3 & 4 of D.P. Act on the file of the learned XI Additional Chief Judicial Magistrate, Mayo Hall, Bengaluru City. The respondent No.2 is wife of accused No.1 i.e., Mr. Abdul Wajid i.e., Mr. Abdul Wajid

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2. We submit that the marriage between son of petitioners i.e Mr. Abdul Wajid with respondent No.2 was solemnised on 14/06/2012 and Two daughters were born to them.

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3. We submit that at the instance of elders and wellwishers the petitioners and respondent No. 2 have amicably settled all their differences, litigations and disputes and decided to live together with love and affection. Accordingly, the petitioners son i/e Mr Abdul Wajid and the respondent No.2 have decided to lead happy marital life with their children.

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NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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Sec 3 & 4 of D.P. Act by exercising the power under section 482 of the Criminal Procedure Code.

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5. We submit that, in view of the settlement between the petitioners and the respondent No.2, the respondent No.2 has no objections to quash the Charge Sheet filed against the petitioners.

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WHEREFORE, we the petitioners and the respondent No.2 most respectfully pray that this Hon'ble Court may be pleased to quash the Charge Sheet filed against the petitioners/ accused No.2 & 3 in East Zone Women P.S in CC No.20675/2020 for the alleged offence punishable U/Sec 498A, 506 R/W Sec 34 of IPC and Sec 3 & 4 of D.P. Act on the file of the learned XI Additional Chief Judicial Magistrate, Mayo hall, Bengaluru City, in the interest of justice and equity."

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Petitioners and respondent No.2 admit the contents of the joint affidavit and joint memo.

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Respondent No.2 has no objection to quash the charge sheet. It is stated that the criminal proceedings against accused No.1, who is the husband of respondent No.2 is already quashed in Crl.P.No.12259/2023 as per the order dated 02.09.2024.

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8 - NC: 2024:KHC:45496 CRL.P No. 1435 of 2021

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In view of the above, I am satisfied with the

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compromise entered into between the parties for the reasons stated in the joint affidavit and the application filed under 482 R/w Section 320(2) and 320(8) of Cr.PC and the parties are permitted to compound the offence. Hence, I proceed to pass the following:

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ORDER

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(i) The petition is allowed .

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(ii) Criminal proceedings in CC No.20675/2020 on the

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file of the learned XI Additional Chief Judicial Magistrate, Mayohall, Bengaluru City, for the offences punishable under Sections 498A and 506 R/w Section 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act, is hereby quashed.

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Sd/(M G UMA) JUDGE

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BH List No.: 2 Sl No.: 15

Mrs. Fouzia Saleem v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mrs. Fouzia Saleem v. the State of Karnataka

Case brief

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What did the court decide?

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