Disposed

Shahnawazali v. State of Karnataka

Karnataka HC20 Aug 2024CRL.P/597/2024

Case brief

AI extract

What is this about?

Husband's family sought quashing of a 498-A IPC and Dowry Prohibition Act case. Parties settled the matrimonial dispute; on an application under Sections 320 and 482 Cr.P.C., the Court accepted compounding and quashed C.C.No.21609/2021 against the petitioners.

What did the court decide?

Proceedings in C.C.No.21609/2021 before XLI ACMM, Bengaluru quashed against petitioners upon compounding of offences.

Shahnawazali Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2024)

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NC: 2024:KHC:33514 CRL.P No. 597 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 20^TH DAY OF AUGUST, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 597 OF 2024

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BETWEEN:

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SHAHNAWAZALI

S/O SADIQ ALI

AGED ABOUT 33 YEARS

R/AT FLAT NO.203

NEAR ELEGANCE DELUXE COLONY

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TOLICHOWKI HYDERABAD - 500008

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GULSHEER BANU

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W/O SADIQ ALI

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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AGED ABOUT 60 YEARS

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R/AT NO.11-6-17, BRESTWARPET RAICHUR DISTRICRT 584101

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SADIQ ALI

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S/O KHURSHID HUSSAIN AGED ABOUT 67 YEARS R/AT NO 11-6-17, BRESTWARPET RAICHUR DISTRICT 584101

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…PETITIONERS

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(BY SRI. CHANDRASHEKAR M.,ADVOCATE)

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2 - NC: 2024:KHC:33514 CRL.P No. 597 of 2024

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AND:

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STATE OF KARNATAKA

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BELANDUR POLICE STATION BENGALURU (REP. BY SPP, HIGH COURT BUILDING COMPLEX

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BANGALORE - 560001)

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SMT SHILPASRINIVAS

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@ SANA ASHFIYA W/O SHANAWAZ ALI AGED ABOUT 33 YEARS R/AT NO.319-A, RWF QUARTERS WEST COLONY, RAILWAY WHEEL FACTORY YELAHANKA BENGALURU - 560064

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…RESPONDENTS

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(BY SRI. THEJESH P., HCGP FOR R1; SRI. KAPIL DIXIT, ADV. FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.21609/2021 PENDING ON THE FILE OF THE 41st ACMM AT BENGALURU INITIATED AS AGAINST THE PETITIONER NO.1 TO 3 BASED ON THE COMPLIANT FILED BY RESPONDENT NO.2 (DE FACTO COMPLAINANT) FOR OFFENCE P/US/.498-A OF IPC R/W SEC.3,4 OF DP ACT 1961.

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THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA

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NC: 2024:KHC:33514 CRL.P No. 597 of 2024

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ORAL ORDER

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The petitioners are before this Court calling in question the proceedings in C.C.No.21609/2021, pending on the file of the XLI Additional Chief Metropolitan Magistrate, Bengaluru.

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During the pendency of this petition, the parties to the lis have settled the dispute amongst themselves and drawn up a memorandum of settlement. The settlement insofar as it germane to the present lis , reads as follows:

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“6. That the petitioner has lodged a complaint before the Bellandur Police Station against the respondent No.1 and his family members namely Sadhiq Ali, Gulsheer Bann, Taranum and Ashaq Hussain for the offence punishable under Section 498-A of IPC R/W Section 3 & 4 of D.P. Act which has culminated in C.C. No.21609 / 2021 pending on the file of 41^st ACMM, Bengaluru. That in view of the settlement arrived herein the petitioner agrees to cooperate with the respondent No.1 and his family members for early disposal of C.C.No. 21609/2021. Further cooperate in the petition to be filed by the respondent No.1 and his family members before the Hon'ble High Court of Karnataka, Bengaluru for quashing of C.C.No. 21609/2021."

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An application is filed before this Court under Section 320 read with Section 482 of Cr.P.C., seeking

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4 - NC: 2024:KHC:33514 CRL.P No. 597 of 2024

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compounding of the offences along with the joint affidavit. The joint affidavit is taken on record.

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In the light of the settlement arrived at between the parties and the offences not being against the State, I deem it appropriate to accept the application seeking compounding of the offence and terminate the proceedings, qua the petitioners.

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For the aforesaid reasons, the criminal petition is disposed. The proceedings in C.C.No.21609/2021 pending on the file of the XLI Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed.

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Sd/(M.NAGAPRASANNA) JUDGE

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KG List No.: 1 Sl No.: 95

Shahnawazali v. State of Karnataka

Case brief

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Shahnawazali v. State of Karnataka

Case brief

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