Husband and in-laws faced 498A/504/323/506 proceedings; parties settled and mutually divorced. Wife filed affidavit supporting quashing; court accepted compounding of offences and quashed proceedings against petitioners.
Proceedings in C.C.No.1577/2022 quashed qua the petitioners on compounding of offences.
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.
NC: 2024:KHC:19232 CRL.P No. 313 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF JUNE, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 313 OF 2023
BETWEEN:
S/O SHEIKH LATHEEF AGED ABOUT 29 YEARS, R/AT KALANDER MANDIR MULIYAR POST, POVVAL KASARAGOD, KERALA STATE - 671 542.
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
S/O SHEIKH PEER SAHEB AGED ABOUT 43 YEARS, R/AT SHAHANAZ MANZIL, NAYABAZAR, MANGALPADY KASARAGOD KERALA STATE - 671324
…PETITIONERS
(BY SRI. LETHIF B., ADVOCATE)
AND:
BY MANGALURU WOMEN POLICE STATION MANGALURU CITY REP. BY THE SPP, HIGH COURT BUILDING, BANGALORE 560 001.
…RESPONDENTS
(BY SRI. HARISH GANAPATHI, HCGP FOR R1; SRI. PAVANA B.K., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN C.C.NO.1577/2022 ON THE FILE OF THE JMFC III COURT, MANGALURU OF MANGALURU WOMEN POLICE STATION D.K., FOR THE OFFENCE P/U/S.498-A,504,323,506 R/W SEC.34 OF IPC.
NC: 2024:KHC:19232 CRL.P No. 313 of 2023
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
The petitioners are before this Court calling in question proceedings in C.C.No.1577/2022, pending before the JMFC III Court, Mangaluru of Mangaluru Women's Police Station, Dakshina Kannada District for the offences under Sections 498A, 504, 323, 506 read with Section 34 of IPC.
concerns the present lis in support of an affidavit filed by respondent No.2, reads as follows:
NC: 2024:KHC:19232 CRL.P No. 313 of 2023
“ AFFIDAVIT
I Smt Afrin Banu D/o Azeem w/o Thousif aged about 26 years, R/of Mathrushree Building, 2nd Flor, Madooru, kotekar post, Mangaluru Taluk Mangaluru District - 5750019, do hereby solemnly affirm and state on oath as follows:
1. I state that I am the 2nd respondent in the above case and I know the facts and circumstances of the case and as such I am deposing as hereunder.
2. I state that, myself and 1st respondent entered into a deed of mutual divorce and signed the deed by dissolving our marriage.
3. I state that, I agreed to withdraw the criminal case in crime No.99/2021 and signed the deed in the presence of witnesses.
4. I state that, after obtaining the divorce from 1st petitioner got married again.
5. I state that, I have no objection to quash the proceedings against the petitioners .
What is stated above are true and correct to the best of my knowledge and belief.
parties and the offences not being against the State, I deem it appropriate to accept the application seeking compounding of the offence and quash the proceedings, qua the petitioners.
NC: 2024:KHC:19232 CRL.P No. 313 of 2023
ORDER
Sd/JUDGE
KG List No.: 1 Sl No.: 73
1 issue framed by the court
Whether criminal proceedings under Sections 498A, 504, 323, 506 r/w 34 IPC can be quashed upon settlement and compounding of offences between the parties.
2 provisions across 2 enactments
Sheikh Asif
Sheikh Asif Koppala
The State of Karnataka by Mangaluru Women Police Station
Smt. Afrin Banu
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
