Ameer Mohammad and Others Vs. the State of Karnataka and Another - Court Judgment

(Prayer: This Criminal Petition Is Filed Under Section 482 Of Cr.P.C., Praying To Quash The Entire Proceedings Pending On The File Of The Iv Additional C.M.M., Bangalore In Crime No.87/13 For The Offences Punishable Udner Section 406, 498a, 506 R/W 34 Of Ipc A/W Sec. 3 And 4 Of D.P.Act, Produced At Annexure-A.)

(Prayer: This Criminal Petition Is Filed Under Section 482 Of Cr.P.C., Praying To Quash The Entire Proceedings Pending On The File Of The Vii Additional C.M.M., Bangalore In Crime No. 187/13 (Pcr No.23198/13) For The Offences P/U/S 506 Of Ipc Produced At Annexure - A.)

1. These two petitions are related to the marital dispute of Mrs. Sheena Syed and Rizwan Ameer and also with reference to the custody oi the child born in the wedlock of them and consequential dispute which has risen between themselves and other family members of both the parties.

2. Coming to the first petition, i.e., Crl.P.5827/ 13 is concerned, it is filed by the accused Nos. 1 to 3 in Crime No.87/ 13 registered by Jalahalli Police Station within the jurisdiction of 4th Additional C.M.M., Bangalore, wherein the complaint, is registered for the offence punishable under Section 406. 498-A. 506 read with 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. The complainant in Crime No.87/2013 is wife Smt. Sheena Rizwan @ Sheena Syed. The present petition Crl.P.5827/13 is filed by husband seeking quashing of proceedings in Crime No.87/13 on the file of the 4th Additional C.M.M.

3. So far as Crl.P.No.7683/13 is also filed by accused Nos. 1 to 3 in Crime No, 187/20] 3 registered by Additional C.M.M., Bangalore for the offences punishable under Section 506 of IPC. This complaint is lodged by one Mr.Syed M.Rawther, who is father-in-law of first petitioner and besides these two petitions there are other five litigations pending between the parties. The first of that is a complaint registered in NCR 73/2014 which came to be registered on 25.02.2014 for the offence punishable under section 506 of IPC by the Sanjayanagar Police Station, where the said complaint is neither given any Crime number nor registered as FIR but it is registered as NCR 73/2014. In the said complaint, the accused are very same accused who are petitioners in both the petitions and it is against Rizwan Ameer and others. The second one is Crl.R.P.335/13 pending on the file of the Sessions Court which is filed challenging the interim order passed by this Trial Court in Crime No.87/2013 so far as it pertains to granting interim custody of gold ornaments which were seized from the joint bank locker belonging to the complainant Smt. Sheena Syed and her husband Rizwan Ameer and given to the custody of Smt. Sheena Rizwan and so far as the third one is concerned, it is petition in GandWC 71/2013 filed under Section 12 of Guardian and Wards Act seeking custody of a minor child, namely Ayan, born in the wedlock to Mrs. Sheena Syed and Mr. Rizwan Ameer and pending consideration on the file of the 4th Additional Family Court, Bangalore. The fourth one is an original suit filed in O.S.No.228/13 by wife Smt.Sheena Rizwan against her husband Rizwan Ameer, which is pending on the file of the Fourth Additional Family court, Bangalore. The fifth one is Crl.Misc. No.22/2014 filed under Section 12 of Domestic Violence Act and filed by wife Smt. Sheena Syed against her husband, in-laws and his other relatives which is pending on the file of the 5th Traffic, MMTC, Bangalore.

4. Out of the two present criminal petitions, Crl.P. No.5827/13 is already admitted and it is at the stage of Final Hearing. So far as Crl.P. No.7863/ 13 is concerned, it is at the stage of Admission. This matter had come up before the court, consecutively on more than two occasions in the past one week. On the last occasion, when it was taken up for arguments, a suggestion was put to the parties to settle the dispute between themselves amicably. Pursuant to the suggestion made by the court, learned senior Counsel Sri. M.T.Nanaiah appearing for the wife, Smt. Sheena Syed, took the lead in bringing around a discussion between the parties, with the assistance of Sri.Dawlai Venkatesh appearing for the husband and his family members. After prolonged deliberation between the parties in camera, the parties mutually agreed to settle the dispute on certain terms, which is reduced in the form of joint memo of settlement and filed into the court his day.

5. Broadly the settlement arrived at between the parties that is in between the wife Smt.Sheena Syed and her husband Sri. Rizwan Ameer is in withdrawing the complaint which are pending consideration in Crime No.87/13 and 187/13 out of which the present two criminal petitions have arisen. So far as the other proceedings are conc erned, being the off shoot of these, the parties have stated in the joint memo that they would be making necessary arrangements for withdrawal of the same. The joint memo is taken on record. Though the offence alleged in these proceedings are non- compoundable in nature and settlement is not permissible, since the dispute between the parties being matrimonial in nature following the ruling of the Hon'ble Apex Court in the case of "Gian Sing Vs. State of Punjab and Another reported in (2012) 10 SCC 303", this court in exercise of its inherent power under Section 482 Cr.P.C. taking note of the settlement arrived at between the parties quash the proceedings in Crime Nos. 87/13 and 187/13 registered by Jalahalli Police Station within the; jurisdiction of the 4th Additional C.M.M, and 7 th Additional C.M.M.

6. While quashing the said proceedings, it is hereby made clear that on production of certified copy of this order, the Sanjayanagar police who have recorded the complaint given by the father-in-law, Syed Rawther for the offeree punishable undei Section 506 of IPC against Rizwan Ameer and Others in NCR 73/14 is concerned the same shall be closed by the said police and thereafter closure report is required to be filed in the court by the police.

7. So far as Crl.RP No.335/13 is concerned, this is arising out of interim order passed in Crime No.87/ 13. Since Crime No.87/13 being quashed, the Crl.RP.No.335/13 filed by husband Sri. Rizwan Ameer does not survive for consideration. On production of the certified copy of this order, the learned Sessions Judge, shall close the same. While doing so, he shall pass an order that the gold ornaments which are given to the interim custody of Ms. Sheena Syed (complainant) shall continue to be with her as her absolute property end she shall not be under an obligation to return the same to her husband or to produce before any court with reference to the proceedings in Crime Nos. 87/13 or in any other proceedings.

8. So far as G and WC No.71/2013 and O.S.No.223/13, both, which are pending on the file of the 4th Additional Family court, Bangalore, are concerned, on production of certified copy of this order, the Family Court without waiting for appearance of the parties, shall record that the custody of the minor child Ayan shall be with his mother Smt. Sheena Syed and her husband Sri. Rizwan Ameer who is the father of the minor child has given up all his rights including visitorial rights of his child permanently which was earlier ordered in the said proceedings and thereby close the said G and WC with the aforesaid observation.

9. In so far as O.S.228/13 is concerned, since the parties have stated that in accordance with the religious custom Rizwan Ameer having declared Taiak in dissolving the marriage between himself and Smt. Sheena Syed in the presence of Moulvi and the witnesses the same has come into force that both the parties have accepted that marriage between them is dissolved according to the practice under their personal law which is governing them so far as the marriage is concerned. Which fact shall be taken note by the Fourth Additional Family Court and accordingly the Original Suit shall be decieed as allowed pursuant to the Talak which is already granted by husband Sri. Rizwan Ameer with reference to his marriage with Smt.Sheena Syed.

10.  So far as the proceedings in Crl.Misc.No.22/14 which is filed under Section 12 of D.V.Act pending on the file of the fifth Traffic MMTC, as the proceedings in crime No.87/13 and 187/13 are closed, this proceedings also stands closed and the; learned Magistrate on production of certified copy of this proceedings shall record the closure of dispute between the parties and dismiss the petition as it has become infructuous.

With the aforesaid observa Lions, with reference to the five separate proceedings which are pending in different courts and as well as these two criminal petitions filed by the wife and her parents all the proceedings between the parties are quashed and it is resolved that there are no disputes subsisted between the family of Smt. Sheena Syed and her ex-husband Sri. Rizwan Ameer and his other family members.