Disposed

Mrs Shaguffa Sheriff v. the State of Karnataka

Karnataka HC13 Sept 2024CRL.P/7966/2024

Case brief

AI extract

What is this about?

Family members facing charges of cheating, forgery and conspiracy arising from civil litigation disputes settled the matter amicably with the complainant. The court accepted their joint affidavit seeking compounding despite some offences being non-compoundable, since the dispute was between private parties with no allegations against the State, and quashed the FIR.

What the court decided

AI extract

Mrs Shaguffa Sheriff Vs the State of Karnataka — Quashing and FIR | Karnataka HC (2024)

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1 - NC: 2024:KHC:37876 CRL.P No. 7966 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 13^TH DAY OF SEPTEMBER, 2024

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BEFORE

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THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7966 OF 2024

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BETWEEN:

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MRS. SHAGUFFA SHERIFF W/O AHMED SHERIEF D/O LATE ABDUL AZEEZ AGED ABOUT 43 YEARS.

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MRS. FARZENA BEGUM W/O TABSEEN D/O LATE ABDUL AZEEZ AGED ABOUT 53 YEARS.

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AJAZ AHMED S/O LATE ABDUL AZEEZ AGED ABOUT 57 YEARS, RESIDING AT S-2, 2^nd FLOOR, LUXOR APT, ROBERTSON ROAD, FRAZER TOWN, BENGALURU.

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Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA

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MOHAMED MUFSEER S/O LATE ABDUL AZEEZ AGED ABOUT 36 YEARS, RESIDING AT NO. 7054, TOWER -7 5^th FLOOR, PRESTIGE BAGAMANE TEM, RAJARAJESHWARI NAGAR, BENGALURU – 98.

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SHAFI @ MOHAMMED SHAFFIULLA S/O MOHAMMED SHAFFI,

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NC: 2024:KHC:37876 CRL.P No. 7966 of 2024

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AGED ABOUT 50 YEARS, ,

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1, 2 & 5 ARE RESIDING AT NO. 16, 7^th CROSS, VASANTHANAGAR BENGALURU – 01.

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…PETITIONERS

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(BY SRI SUBRAMANYA H.V., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA

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BY HIGH GROUND POLICE STATION, BENGALURU.

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REPRESENTED BY

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STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU – 560 001.

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MRS. TANVEER SAMIULLA SHARIEF W/O LATE ABDUL AZEEZ, AGED ABOUT 56 YEARS, RESIDING AT NO.29, SHARIEF MANZIL, 5^TH MAIN ROAD, SK GARDEN, BENSON TOWN POST, BENGALURU – 560 004.

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…RESPONDENTS

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(BY SMT.SOWMYA R., HCGP FOR R-1; SRI S.RAJU, ADVOCATE FOR R-2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,(528 OF BNSS) PRAYING TO QUASH THE FIR AND FURTHER PROCEEDINGS IN CR.NO.4/2024 FOR THE OFFENCES P/U/S 420, 468, 471, 120B R/W SEC.34 OF IPC OF HIGH GROUND P.S. PENDING ON THE FILE OF THE 8^TH A.C.M.M AT BENGALURU AS AGAINST THE PETITIONERS.

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NC: 2024:KHC:37876 CRL.P No. 7966 of 2024

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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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ORAL ORDER

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The petitioners are before this Court calling in question registration of crime in Crime No.4/2024, pending before the VIII Additional Chief Metropolitan Magistrate, Bengaluru, for the offences under Sections 420, 468, 471, 120B r/w. 34 of the IPC.

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Learned counsel for the petitioners and learned counsel for respondent No.2 submits that during the pendency of the petition, the parties to the lis have settled the dispute among themselves amicably and have filed a joint memo along with a joint affidavit seeking permission to compound the aforequoted offences.

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The joint affidavit of the parties, reads as under:

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“1. We are the Petitioners 1 to 5 and 2^nd Respondent in the above Criminal Petition and we are fully conversant with the facts of the case. Hence, we are jointly swearing to this affidavit.

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2. We submit that the averments made in the above Criminal Petition may kindly be read as part and parcel of this Joint affidavit to avoid repetition of facts.

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NC: 2024:KHC:37876 CRL.P No. 7966 of 2024

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3. We further submit that the Respondent No.1 police have registered a case against us the Petitioners in Crime No.4/2004 for the offences punishable under Sections 420, 468, 471, 120B r/w Sec.34 of IPC and submitted FIR before the 8^th Addl. Chief Metropolitan Magistrate at Bangalore.

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4. We the Petitioners and Respondent No.2 submit that the said incident was happened due to civil litigations in O.S.No.25026/2024 and O.S.No.8487/2023. We both the parties have agreed to compromise the above said civil litigations.

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5. We further submit that on the intervention of elders and well wishers, we have arrived at settlement in civil litigation, in view of this, we are ready to compromise the proceedings pending in Crime No.4/2004 which is the subject matter of the present petition.

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6. We further submit that some of the alleged offences are non compoundable in nature, they may not able to compromise the case before the trial Court. Hence we are filing this Joint affidavit with a prayer to accept this affidavit and thereby quash the entire proceedings pending in Crime No.4/2024 on the file of the 8^th Addl. Chief Metropolitan Magistrate, Bangalore.

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7. We further submit that though the Respondent No.1 police have registered the case against the Petitioners for the offences punishable under Sections 420, 468, 471, 120B r/w Sec.34 of IPC, there are no ingredients to attract any of the offences and hence there is no any legal embargo to accept this Joint Affidavit and thereby quash the proceedings.

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8. We further submit that there is no coercion, undue influences, threat from either of the parties or third parties from any angle to enter into compromise and we both the parties have voluntarily agreed and filed this joint affidavit for quashing of the proceedings. Both the parties have read over the contents, understood the same and signed this Joint Affidavit.

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9. We further submit that if this Joint Affidavit is accepted and entire proceedings are quashed, no harm or

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5 - NC: 2024:KHC:37876 CRL.P No. 7966 of 2024

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prejudice will be caused to either of the parties especially to the Respondent No.1- Investigating Agency. On the other hand, if this Joint Affidavit is not considered and proceedings are not quashed, we the Petitioners and Respondent No.2 will be put to greater hardship and mental agony.”

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In the light of the afore-quoted joint affidavit of both the parties, though the offences alleged against the petitioners, few of which are non-compoundable, I deem it appropriate to accept the joint memo and terminate the impugned proceedings, as the dispute is between private parties and the allegations are not against the State.

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For the aforesaid reasons, the following:

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ORDER

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a. The criminal petition is disposed.

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b. The impugned Crime No.4/2024, pending before the VIII Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed.

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Sd/(M.NAGAPRASANNA)

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JUDGE

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NVJ List No.: 1 Sl No.: 91

Mrs Shaguffa Sheriff v. the State of Karnataka

Case brief

What is this about?

What the court decided

Mrs Shaguffa Sheriff v. the State of Karnataka

Case brief

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What the court decided

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