Full Judgment
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IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 2ND DAY OF DECEMBER, 2024 BEFORE THE HON'BLE MRS JUSTICE M G UMA CRIMINAL PETITION NO.6276 OF 2022 BETWEEN:
1. RAHAMATHULLA SHARIFF S/O MOHAMMED PEER AGED ABOUT 70 YEARS R/AT NO.888/2 GUTTALU COLONY SAFDARIA MOHALLA MANDYA PIN-571403
2. BIBI AYESHA
W/O RAHAMATHULLA SHARIFF AGED ABOUT 51 YEARS R/AT NO.888/2 GUTTALU COLONY Digitally signed VTC MANDYA PO by ALBHAGYA Location: HIGH GUTHAL COURT OF MANDYA DISTRICT KARNATAKA PIN -571403 …PETITIONERS (BY SRI. SHARATH J M, ADVOCATE (ABSENT)) AND:
1. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR -2- HIGH COURT BUILDING BENGALURU-560001
2. SAMEENA TAJ W/O SAIF ULLA SHARIFF AGED ABOUT 33 YEARS R/AT NO.1113 5TH CROSS, TRIVENI ROAD K N EXTENSION YASHWANTHAPURA BENGALURU PIN-560022 …RESPONDENTS (BY SMT.RASHMI JADHAV, ADDL. SPP FOR R.1; SRI.OMAR SHARIFF, ADVOCATE FOR R.2 (ABSENT)) THIS CRL.P IS FILED U/SEC.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONERS PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN CR.NO.128/2022 FOR THE OFFENCE P/U/SEC.498A OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT NOW PENDING ON THE FILE OF XXXVII ADDL. C.M.M., BENGALURU AS AGAINST THE PRESENT PETITIONERS HEREIN NO.1 TO 2 (ACCUSED NO.2 TO 3) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MRS JUSTICE M G UMA -3-
ORAL ORDER
Learned counsel for the petitioners and respondent No.2 are absent. Learned Additional SPP for respondent No.1 is present.
2. The report dated 03.08.2024 is received from the
Karnataka Mediation Centre with the Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 filed by petitioner Nos.1 and 2 and respondent No.2.
3. The Memorandum of Settlement reads as under;
"I. The above petition is filed by the petitioner seeking for quashing of the proceedings in Crime No. Addl. CM Magistrate, Bangalore for an offence punishable under Section 498-A of IPC and 3 and 4 of the DP Act 1961 which was initiated by the 2nd Respondent herein. II. The above matter was referred for mediation so as to enable the parties to resolve their dispute in so far as the matter in Crime No.128/2022 amicably with the assistance of the Mediator. The parties agree to submit that the matter was initiated by the -4-
2nd respondent having raised the dispute with her husband Saifulla Shariff, son of the Petitioners herein and now that the husband of the petitioner also participated in the mediation proceedings, the parties have decided to amicably settle the matter in so far as Crime No.128/2022, and allow the petitioners to compound the offence to the satisfaction of this Hon'ble Court considering the amicable settlement between the parties hereto and the Saifulla Shariff, husband of the 2nd respondent having participated in the mediation proceedings and under the guidance of elders of the family of the petitioners and the 2nd respondent herein.
III. The 2nd respondent had filed a complaint before the 1st respondent against her husband Saifulla Shariff which came to be registered as Crime No. 128 of 2022 and matter is under investigation by the 1st respondent. The marriage of the 2nd respondent and Saifulla Shariff was solemonised on 26.12.2020 and after the marriage, the 2nd respondent left to Mandya to stay with her husband and the petitioners herein. Now in view of the settlement, the 2nd respondent has no objection to attend and co-operate for ensuring quashment of Crime No.128 of 2022.
IV. The petitioners, the 2nd respondent and her husband Saifulla Shariff had initially approached the local Masjid committee to help them to resolve the -5-
dispute and an understanding was arrived on 5th March 2022 to exchange the jewellary and movables to facilitate future talks. The parties accordingly agree to abide by the same and the copy of the said understanding with details of the jewelery proposed to be exchanged is attached herewith as ANNEXURE - A and the same shall form part and parcel of this settlement. The parties agree there are no other jewellary or valuables in their possession belonging to the other party other than mentioned in Annexure-A and the petitioners agree and undertake on behalf of their son Saifulla Shariff to handover all the articles mentioned in Annexure-A to the 2nd respondent at Court Premises within 7 days from the date of this settlement and also both parties herein have agreed to facilitate to Khula formalities.
V. In view of the settlement entered into between the parties, it is prayed that this Hon'ble Court may be pleased to compound the offence in Crime No.128/2022 and pass appropriate orders in the interest of justice and equity. VI. Parties will appear before the Hon'ble Court for passing necessary orders in terms of the agreement."
4. Satisfied with the terms of the memorandum of settlement, the same is accepted. -6-
5. Accordingly, I proceed to pass the following;
ORDER
(i) The criminal petition is allowed.
(ii) The criminal proceedings in Crime
No.128/2022 for the offence punishable under Section 498A of IPC and 3, 4 of the Dowry Prohibition Act, 1961 now pending on the file of XXXVII Additional CMM Court, Bengaluru, against the present petitioners are hereby quashed.
(iii) Pending applications, if any, are also disposed off. Sd/- (M G UMA) JUDGE NBM List No.: 2 Sl No.: 9