SAMEERULLA RAHAMATH Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) This petition is filed by the petitioner/accused under Sec. 482 of Cr.P.C for quashing the criminal proceedings in C.C.No.1668/2020 arising out of Crime No.163/2019 registered by the Suddaguntepaly police station for the offence punishable under Sec. 498A of IPC and Sec. 4 of the Muslim Women (Protection of Rights on Marriage Act , 2019) on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru.

(2.) Heard the learned counsel for petitioner and learned HCGP for the state and learned counsel for respondent No.2 remained absent.

(3.) Learned counsel for petitioner submits after filing of the complaint by the respondent No.2 on 15/8/2019 there was compromise between the parties in deed of compromise, dissolution of Marriage on 30/11/2019 and as per the compromise the petitioner agreed to pay the alimony of Rs.9.00 lakhs and agreed to pay Rs.20,000.00 as monthly maintenance and he was paying throughout 19 months. Thereafter petitioner and respondent No.2 filed the petition before the High Court in Crl.P.No.689/2021 and a joint compromise application also filed before the court. But later she refused to appear and therefore the petitioner is forced to withdraw the petition on 24/11/2021. Subsequently he approached the trial court where she also once again not appeared, therefore the matter was referred to the Mediation Centre, even in the Mediation Centre respondent No.2 did not appear. Therefore, the petitioner is before this court.