Ameer Mohammad vs State of Karnataka

S.N. Satyanarayana, J.—These two petitions are related to the marital dispute of Mrs. Sheena Syed and Rizwan Ameer and also with reference to the custody of the child born in the wedlock of them and consequential dispute which has risen between themselves and other family members of both the parties. Coming to the first petition, i.e., Cri. P. No. 5827 of 2013 is concerned, it is filed by the accused 1 to 3 in Crime No. 87 of 2013 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 Sections 406, 498-A and 506 read with Section 34 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961. The complainant in Crime No. 87 of 2013 is wife Smt. Sheena Rizwan alias Sheena Syed. The present petition Cri. P. No. 5827 of 2013 is filed by husband seeking quashing of proceedings in Crime No. 87 of 2013 on the file of the 4th Additional C.M.M.

So far as Cri. P. No. 7683 of 2013 is also filed by accused 1 to 3 in Crime No. 187 of 2013 registered by Additional C.M.M., Bangalore for the offences punishable u/s 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 No. 73 of 2014 which came to be registered on 25-2-2014 for the offence punishable u/s 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 No. 73 of 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 Cri. R.P. No. 335 of 2013 pending on the file of the Sessions Court which is filed challenging the interim order passed by this Trial Court in Crime No. 87 of 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 G and W.C. No. 71 of 2013 filed u/s 12 of Guardians and Wards Act, 1890 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 of 2013 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 Cri. Misc. No. 22 of 2014 filed u/s 12 of the Protection of Women from Domestic Violence Act, 2005 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.

Out of the two present criminal petitions, Cri. P. No. 5827 of 2013 is already admitted and it is at the stage of final hearing. So far as Cri. P. No. 7863 of 2013 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 Dalwai 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 this day.

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 Nos. 87 and 187 of 2013 out of which the present two criminal petitions have arisen. So far as the other proceedings are concerned, 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 Singh Vs. State of Punjab and Another, , this Court in exercise of its inherent power u/s 482 of Criminal Procedure Code, 1973 taking note of the settlement arrived at between the parties quash the proceedings in Crime Nos. 87 and 187 of 2013 registered by Jalahalli Police Station within the jurisdiction of the 4th Additional C.M.M. and 7th Additional C.M.M.

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 offence punishable u/s 506 of IPC against Rizwan Ameer and others in NCR No. 73 of 2014 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.

So far as Cri. R.P. No. 335 of 2013 is concerned, this is arising out of interim order passed in Crime No. 87 of 2013. Since Crime No. 87 of 2013 being quashed, the Cri. R.P. No. 335 of 2013 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 Smt. Sheena Syed (complainant) shall continue to be with her as her absolute property and 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 No. 87 of 2013 or in any other proceedings.

So far as G and W.C. No. 71 of 2013 and O.S. No. 228 of 2013, 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 W.C. with the aforesaid observation.

Insofar as O.S. No. 228 of 2013 is concerned, since the parties have stated that in accordance with the religious custom Rizwan Ameer having declared Talak 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 decreed as allowed pursuant to the Talak which is already granted by husband Sri Rizwan Ameer with reference to his marriage with Smt. Sheena Syed. So far as the proceedings in Cri. Misc. No. 22 of 2014 which is filed u/s 12 of Domestic Violence Act pending on the file of the Fifth Traffic MMTC, as the proceedings in Crime Nos. 87 and 187 of 2013 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 observations, 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.