Zubair Anwar and Nausheen Hussain vs State of Karnataka

C.R. Kumaraswamy, J.—Petitioners and their Counsel are present. Petitioner No. 2 has filed an affidavit.

Learned High Court Government Pleader is directed to take notice on behalf of State. He submits that suitable order may be passed.

The affidavit of Petitioner No. 2 reads as under:

I, Nausheen Hussain, d/o aged about 40 years, R/at No. G3, Akaled Apartments, Millers Road, Benson Town, Bangalore - 560 049, do hereby solemnly affirm and state as follows:

I state that I am the Petitioner No. 2 in the above case and am well conversant with the facts involved herein.

I state that the Petitioner No. 1 and I have filed the above petition for the relief''s mentioned therein and the averments in the petition may kindly be treated as part and parcel of this affidavit for the sake of brevity and in order to avoid repetition of facts.

I state that I was married to the 1st Petitioner on 07/06/2002 in accordance with Islamic rites and customs at Bangalore. From this marriage, we have a daughter Haniya Zubair, born on 01/03/2003.

I state that the lst Petitioner and I were incompatible. However, we managed to stay together till December 2003 and thereafter we resided separately since December 2003. On 10/04/2004,. I lodged a police complaint for the offences u/s 498A of IPC P/w Section 3 & 4 of Dowry Prohibition Act against the Petitioner No. 1 and his family members before the Ulsoorgate Women Police Station, Bangalore. The FIR was registered in Crime No. 19/2004 and the same has been pending adjudication in C.C. No. 15885/2004 before the Hon''ble VI ACMM, Bangalore. It is submitted that charge sheet was filed only against the 1st Petitioner and proceedings were dropped against all the other family members.

I state that the 1st Petitioner vide a Talaqnama dated 25/05/2004 pronounced Triple Talaq and accordingly my marriage with the 1st Petitioner, stood dissolved as per Islamic rites.

I state that I filed a petition against, Petitioner No. 1 before the Family Court, Bangalore in G&WC 48/2004 for appointing myself as guardian and for permanent custody of minor daughter Haniya Zubair. The 1st Petitioner filed G&WC No. 65/2004 for appointing himself as guardian and for handing over the custody of minor child Haniya Zubair. I also filed a C. Misc. No. 246/2004 on behalf of myself and minor child Haniya Zubair Seeking for maintenance. During the course of the proceedings in G&WC 48/2004, G&WC No. 65/2004 and C. Misc. No. 246/2004, all three cases have been referred to mediation and in course of mediation; an amicable settlement came to be arrived between Petitioners. One of the terms and conditions of the Agreement u/s 89 was as follows:

The Petitioners have agreed to approach the Hon''ble High Court of Karnataka for quashing the proceedings in C.C. No. 15885/2004 pending before the Hon''ble VI ACMM, Bangalore.

I state that the FIR was registered at my instance due to differences and a case was registered in C.C. No. 15885/2004 is pending trial before the VI ACMM, Bangalore. Now, the disputes between them have been resolved. I am not keen on prosecuting in C.C. No. 15885/2004.

I state that the 1st Petitioner and I have approached this Hon''ble Court invoking the inherent powers u/s 482 of the Cr.P.C for quashing of the proceedings in C.C. No. 15885/2004, on the file of the VI ACMM. Hence this affidavit.

WHEREFORE, in view of the above said facts and circumstances I pray that this Hon''ble Court be pleased to accept the above petition, compound the offences, and consequently quash the criminal proceedings in C.C. No. 15885/2004, and the FIR Crime No. 19/2004, pending before VI ACMM, initiated by the Respondent pending before VI ACMM, Bangalore, in the interest of justice and equity.

At para 7 of the affidavit, it is mentioned that disputes have been resolved and Petitioner No. 2 is not interested in prosecuting the case in C.C. No. 15885/2004 pending on the file of VI Addl. CMM, Bangalore.

The dispute is between Petitioner No. 1 and Petitioner No. 2 who were husband and wife. Since the deponent is not interested in prosecuting C.C. No. 15885/2004, this Criminal Petition deserves to be allowed.

In the result, I pass the following:

ORDER

a) This Criminal Petition is allowed in terms of the affidavit of Petitioner No. 2.

b) Consequently, C.C. No. 15885/2004 pending on the file of VI Addl. CMM, Bangalore is hereby quashed.