Full Judgment
1 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH R DATED THIS THE25H DAY OF SEPTEMBER 2018 BEFORE THE HON’BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION No.201429/2017 BETWEEN:
1.
2. MOHAMMED AJAZ S/O QUAZI MOHAMMED ISHAQ AGE:
32. YEARS OCC: BANK EMPLOYEE R/O:
2. 1-111, BEHIND TELEPHONE EXCHANGE ANDROON QUILLA DIST: RAICHUR. QUAZI MOHAMMED FAROOQ S/O QUAZI MOHAMMED ISHAQ AGE:
48. YEARS OCC: TECHNICAL OPERATOR ZP OFFICE, DIST: RAICHUR.
3. SMT.ZABIN W/O QUAZI MOHAMMED FAROOQ AGE:
35. YEARS OCC: HOUSEHOLD ALL ARE R/O:
2. 1-111, BEHIND TELEPHONE EXCHANGE ANDROON QUILLA, DIST: RAICHUR.
4.
5. SMT.ZAKIRA BEGUM W/O MUNEER BAAG AGE:
30. YEARS OCC: TEACHER: NAVODAYA SCHOOL R/O: GOVT. QUARTERS, NEAR IB COLONY DIST: RAICHUR. MUNEER BAAG S/O AMEEN BAAG AGE:
38. YEARS OCC: GOVT. EMPLOYEE R/O: GOVT. QUARTERS, NEAR IB COLONY AGRICULTURE OFFICE, DIST: RAICHUR. … PETITIONERS (BY SRI.ISHWAR RAJ.S.CHOWDAPUR, ADVOCATE) 2 AND:
1.
2. THE STATE OF KARNATAKA (THROUGH SADAR BAZAR P.S. RAICHUR) REPRESENTED BY ADDL. STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA KALABURAGI BENCH. SYEDA SHAGUFTA NAAZ W/O MOHAMMED AJAZ AGE:
21. YEARS OCC: HOUSEHOLD R/O: H.NO.12-11-52, ARABMOHALLA RAICHUR. … RESPONDENTS (BY SRI.P.S.PATIL, HCGP FOR R1 BY SMT.ANITA REDDY, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION482OF CRIMINAL PROCEDURE CODE PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.16/2017 PENDING BEFORE PRL. MUNSIFF AND JMFC COURT, RAICHUR DIST: RAICHUR. THIS PETITION COMING ON FOR ADMISSION THIS DAY, THE COURT MADE THE FOLLOWING:
3. ORDER
The petitioners arrayed as Accused Nos.1, 3 to 6 respectively have filed this petition under Section 482 of Criminal Procedure Code seeking to quash the entire proceedings in C.C.No.16/2017 pending on the file of Prl. Munsiff and J.M.F.C. Court, Raichur.
2. The complainant is one Smt.Syed Shagufta Naaz who is none-other-than the wife of petitioner No.1- Mohammed Ajaz. The charge sheet is filed against 06 accused for the offences punishable under Sections 498A and 504 read with Section 149 of Indian Penal Code and Sections 3, 4 and 6 of Dowry Prohibition Act. Accused No.2 is now reported to be no more.
3. The complainant/respondent No.2 herein is represented by the learned counsel Smt.Anita Reddy and the accused-petitioners are represented by the learned counsel Sri.Ishwa Raj. S. Chowdapur. The learned counsels appearing for the parties submit that, both the parties 4 have settled their dispute amicably and they have filed their respective affidavits reporting the compromise. It is further submitted that, the complainant do not wish to continue the criminal case which she has initiated against the petitioners herein and she has no objection for quashing the proceedings. It is also submitted that, all the cases between the parties have been already compromised, except the present case, which is pending in C.C.No.16/2017 on the file of Prl. Munsiff and J.M.F.C. Court Raichur.
4. The petitioners as well as respondent No.2/complaint viz., Syeda Shagufta Naaz are present before the Court. They are identified by their respective learned counsels. The complainant has no objection to quash the criminal proceedings filed against the petitioners herein. She admits having received a sum of Rs.8,00,000/- and 06 Tolas of Gold and another sum of Rs.30,000/- from petitioner No.1, as permanent alimony. She submits that, she has filed her affidavit on her own volition and without 5 any pressure from anyone and in terms of the said affidavit the petition may be allowed. The affidavits filed by both the parties are placed on record.
5. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others /vs/ Babita Raghuvanshi and another reported in 2013 (2) Crimes 90 (SC) has held that, the inherent powers of the High Court under Section 482 of Criminal Procedure Code are wide and unfettered. It is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR. 6 6. In the case of B.S.Joshi /vs/ State of Haryana reported in (2003) 4 S.C.C. 675, the Hon’ble Supreme Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differences amicably.
7. In the light of above decisions of the Hon’ble Supreme Court, I am of the view that, the present criminal proceedings initiated by respondent No.2/complainant against the petitioners, which arise out of matrimonial dispute is purely private in nature. In view of the amicable settlement between the parties no purpose will be served in continuing the said proceedings. The criminal proceedings deserve to be quashed for the purpose of securing the ends of justice. Accordingly, I proceed to pass the following; 7 ORDER
The entire proceedings in C.C.No.16/2017 on the file of Prl.Munsiff and JMFC Court, Raichur Dist: Raichur is hereby quashed. I.A.No.1/2018 is accordingly disposed off. KJJ Sd/- JUDGE