AMEER MOHAMMAD Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) 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.

(2.) 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 under Section 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 under Section 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 under Section 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 under Section 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.

(3.) 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.