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2020 DIGILAW 2139 (KAR)

P. B. Abdul Hameed v. State Of Karnataka

2020-11-02

SURAJ GOVINDARAJ

body2020
JUDGMENT Suraj Govindaraj, J. - The petitioner is before this Court seeking for quashing of the FIR registered in Crime No.26/2020 of Bantwala Town Police for offences punishable under Sections 376(2) (f), 376(2) (n), 506, 504, 323 of IPC pending on the file of Additional Civil Judge (Jr.Dvn.) and JMFC., Bantwal, D.K.District. 2. Respondent No.2 - complainant has filed an affidavit stating that she is engaged to be married and in view thereof, she does not want to continue the above proceedings. Respondent No.2 - complainant is before this Court by video conferencing and on enquiry she reiterates the averments made in the affidavit and she further submits that she has herself come forward to withdraw the above complaint since she does not want any complications in her future life. 3. However, her requests not having been accepted, she has filed an affidavit before this Court stating no objection to quash all the above proceedings against the petitioner. 4. Respondent No.2 complainant Smt.Karishma Banu is identified by her counsel Sri.Syed Akbar Pasha, learned counsel for respondent No.2 and the petitioner P.B.Abdul Hameed, who is also present before this Court by video conferencing is identified by his counsel Sri.Lethif B., learned counsel for the petitioner. 5. Accepting the affidavit filed by respondent No.2 and the statement made by her that she does not intend to continue with the proceedings any further and also taking into consideration the decisions of this Court in Crl.P 5922/2019 disposed of on 11.09.2019 [Gowardan and others vs. The State of Karnataka], Crl.P No.3162/2018 disposed of on 18.06.2018 [Ramanand Pattath and State of Karnataka and another] as also the judgment of the Hon'ble Apex Court in the case of Gian Singh vs. State of Punjab and another, (2012) 10 SCC 303 , wherein it has been held that even as regards offences as alleged herein to the parties have settled their dispute between themselves, this Court would have the necessary power to quash any criminal action arising out of the said offences. 6. In view thereof, Criminal Petition is allowed. The proceedings in Crime No.26/2020 of Bantwala Town Police for offences punishable under Sections 376(2) (f), 376(2) (n), 506, 504, 323 of IPC pending on the file of Additional Civil Judge (Jr.Dvn.) and JMFC., Bantwal, D.K.District are hereby quashed.