MOHAMMED BIL ALI S/O ALI BIN ABUBAKAR Vs STATE OF KARNATAKA

Sri Mohammed Owais Sultan, learned counsel

files vakalath for respondent no.2 in the above cases.

Petitioners in Crl.P.No.6598/2017 along with

their counsel and respondent no.2 and her counsel in

both cases are present before the Court. Petitioner in

Crl.P. No.9540/2017 is absent.

Joint memos are filed in both the cases

narrating common factual aspects.

Petition in Crl.P.No.6598/2017 is filed seeking

quashing of C.Misc.No.84/2017 filed by the 2nd

respondent against the petitioners under Section 12 of

Protection of Women from Domestic Violence Act, 2005.

Crl.P.No.9540/2017 is filed seeking quashing of

FIR in Crime No.137/2017 filed by the 2nd respondent

on the file of 1st respondent - D.J.Halli Police Station in

turn pending before the 11th Addl. CMM Court,

Mayohall, Bangalore City for the offences under Section

498A IPC and Sections 3 and 4 of Dowry Prohibition

Act.

Joint memos and the factual aspects of the

case discloses that 2nd respondent - Smt.Taranum Iqbal S M

is the wife of one Mr.Nasar Mohammed, S/o Mohammed

Bin Ali, and their arose a family dispute between

themselves due to which it appears 2nd respondent has

filed the above said two cases against the petitioners.

As the matters are settled amongst the parties, there is

no legal impediment to quash the proceedings. In this

context, it is worth to refer to a decision of the Hon''ble

Apex Court in GIAN SINGH vs STATE OF PUNJAB

AND ANOTHER reported in (2012) 10 SCC 303 wherein

it is held as under:

"-Thus, held, heinous and serious offences of mental depravity, murder, rape, dacoity, etc., or under special statutes like Prevention of Corruption Act or offences committed by public servants while working in their capacity as public servants, cannot be quashed even though victim or victim''s family and offender have settled the dispute - Such offences are not private in nature and have a serious impact on society

-But criminal cases having overwhelmingly and predominantly civil flavour stand on a different footing - Offences arising from commercial, financial, mercantile, civil partnership or like transactions or offences arising out of matrimony relating to dowry, etc. or family disputes where the wrong is basically private or personal in nature and parties have resolved their entire dispute, High Court may quash criminal proceedings - High Court, in such cases, must consider whether it would be unfair or contrary to interest of justice to continue with the criminal proceeding or continuation of criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between parties and whether to secure ends of justice, it is appropriate the

criminal case is put to an end - If such question(s) are answered in the affirmative, High Court shall be well within its jurisdiction to quash the criminal proceeding".

This case is also essentially arising out of the

family dispute between the parties and the entire

disputes have been resolved between the parties and in

that context, joint memos have been filed. The parties

who are present before the Court have accepted the

execution of the joint memos.

In pursuance of the above said joint memos,

the petitioners are paying a sum of Rs.5,00,000/- by

way of Demand Draft bearing No.502097 dated

06.12.2017 drawn in favour of the 2nd respondent,

issued by ICICI Bank, Hyderabad. 2nd respondent

acknowledges the receipt of Demand Draft. Respondent

no.2 also submits that she has already received an

amount of Rs.2,50,000/- by cash prior to filing of these

joint memos. 2nd respondent has no objection to quash

the proceedings as prayed by the petitioners.

In view of the above said facts and

circumstances, the following Order is passed:

ORDER

The Criminal Petitions are allowed. The case in

C.Misc.No.84/2017 pending on the file of I MMTC,

Bangalore filed under Section 12 of the Protection of

Women from the Domestic Violence Act, 2005 and also

in FIR No.137/2017 on the file of 1st respondent

D.J.Halli Police Station, Bangalore and in turn the FIR

registered on the file of 11th Addl. CMM Court,

Mayohall, Bangalore City for the offences under Section

498A IPC and Sections 3 and 4 of Dowry Prohibition Act

and all further proceedings in pursuance of the said FIR

are hereby quashed.