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High Court of Karnataka · body

2025 DAILYLAW 13808 (KAR)

MR MOHAMMED TOUSIF v. THE STATE OF KARNATAKA

CRL.P/757/2025 · 2025-02-05

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:5746 CRL.P No. 757 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 757 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR MOHAMMED TOUSIF S/O. MR. MOHAMMED SAIFULLA, AGED ABOUT 25 YEARS, 2. MR.MOHAMMED SAIF @SAIFULLA S/O. LATE ABDUL AJIJ, AGED ABOUT 55 YEARS 3. MRS. TABASSUMA W/O. MOHAMMED SAIFULLA AGED ABOUT 43 YEARS PETITIONER NO.1 TO 3 ARE R/AT NO.190/1 SAPPING ROAD, BRADSHAW ROAD, NEHARUPURAM SHIVAJI NAGAR, BENGALURU 560 051. 4. MR. MEHABOOB PASHA S/O. ABDUL WAJID AGED ABOUT 57 YEARS R/AT 190/1 BROADSHAW STREET NEHARUPURAM, SHIVAJI NAGAR, BENGALURU 560 001. …PETITIONERS (BY SRI. SHAKEEL AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHO BHARATHI NAGAR POLICE STATION, REP. BY ITS STATE PUBLIC PROSECUTOR. 2. MR. SHYAMIR KHAN S/O. LATE ANWAR KHAN AGED ABOUT 48 YEARS, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5746 CRL.P No. 757 of 2025 R/AT NO.12-C STREET, 2ND CROSS, TIMMAIAH ROAD, BENGALURU. …RESPONDENTS (BY SRI. THEJESH.P, HCGP FOR R-1 SRI. MOHAMAD WAZEER, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE PROCEEDINGS WHICH HAVE BEEN INITIATED BY THE SECOND RESPONDENT, BEFORE THE FIRST RESPONDENT POLICE I.E BHARATHI NAGAR POLICE STATION, BANGALORE. AS PER ANNEXURE D WHICH IS PENDING BEFORE THE 11TH ADDITIONAL CHIEF JUDICIAL MAGISTRATE MAYO HALL COURT AT BANGALORE IN CC NO. 53058/2024 UNDER THE PROVISION OF SECTION 498(A), R/W SECTION 34 OF IPC AND SECTION 4 OF DOWRY PROHIBITION ACT 1961. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief: “WHEREFORE, the petitioners most humbly pray that this Hon’ble Court may be pleased to quash the entire proceedings which have been initiated by the second respondent before the first respondent police i.e. Bharathi Nagar Police station, Bangalore. As per Annexure-D which is pending before the 11th Additional Chief Judicial Magistrate, Mayo Hall Court at Bengaluru in C.C.No.53058/2024 under the provision of Section 498A R/w 34 of Indian Penal Code and Section 4 of the Dowry Probation Act in the interest of justice.” - 3 - NC: 2025:KHC:5746 CRL.P No. 757 of 2025 2. Learned counsel for the petitioners – accused Nos. 1 to 4 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit dated 05.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel. The same is taken on record. 3. Petitioners – accused Nos. 1 to 4 and respondent No.2- complainant are physically present before the Court and they admit the contents of the aforesaid Joint Affidavit, which reads as under:- JOINT AFFIDAVIT We, 1. Mr.Mohammed Tousif, S/o. Mr.Mohammed Saifulla, Aged about 25 years, 2. Mr. Mohammed Saif @ Saifulla, S/o. Late Abdul Ajij, Aged about 55 years, 3. Mrs. Tabassuma, W/o Mohammed Saifulla, Aged about 43 years, 4. Mr.Mehaboob Pasha, S/o. Abdul Wajid, Aged about 57 years, Petitioner No.1 to 3 are R/at No.190/1, Sapping Road, Bradshaw Road, Neharupuram, Shivaji Nagar, Bengaluru – 560 051. Petitioner No.4 is R/at No.190/1 Broadshaw street, Neharupuram, Shivaji Nagar, Bengaluru – 560 001. 5. Mr.Shyamir Khan S/o. Late Anwar Khan, Aged about 48 years, R/at No.12, C street 2nd Cross, Tanaary Road, Bharathi Nagar, Bengaluru – 56005, the second respondent herein do hereby solemnly affirm and state on oath as follows :- 1. We submit that, petitioners 1 to 4 have filed accompanying criminal petition seeking for quash the entire - 4 - NC: 2025:KHC:5746 CRL.P No. 757 of 2025 proceedings initiated against the petitioners in CC No.53058/2024 pending on the file of 11th Additional Chief Judicial Magistrate, Mayo Hall at Bengaluru punishable under section 498(A) r/w section 34 of IPC and 4 of Dowry Prohibition Act 1961, and among other reliefs. In the said proceedings the 5th of us is the complainant before the first respondent police. 2. We submit that, at the instance of the elders, relatives and family friends, both the petitioners and Daughter of the 2nd respondent have arrived at a mutual understanding and have decided to settle the matter amicable among over selves. We submit that, now we are intending to compromise the matter and our personal differences in manifestation of best understanding for determination to resolve our dispute amicably, accordingly we both i.e. petitioners and respondent No.2 have filed this compromise petition as following terms:- a. Both the petitioners and 2nd respondent have agreed and undertaken that, 2nd respondent shall withdraw the complaint lodged against the petitioners who are arrived as accused No.1 to 4 before the 1st respondent police as the petitioners have not committed any offence as alleged against them. b. The Daughter of the 2nd respondent has also agreed and undertaken that, she has consented to withdraw the complainant filed against the petitioners which is filed before the first respondent police through her father the 5th of - 5 - NC: 2025:KHC:5746 CRL.P No. 757 of 2025 us here in, as the charge sheet is submitted by the first respondent police against the petitioners. c. Further, the daughter of the 2nd respondent has offered the Khula i.e. Divorce to the first petitioner as per Mohammedan Law, seeking to dissolve her marriage by way of Khula. The first petitioner being her husband has also agreed and accepted the Khula offered by the Daughter of the second respondent on 05/02/2025. Accordingly their marriage is dissolved as per terms of Kula offered by the daughter of 5th of us. d. We submit that the first petitioner and the Daughter of the second respondent have received and taken back all their respective jewelries, house hold articles, personal belongings etc. For the same the eighter and the other parties have no claim against each other in future concerning the same. e. Further, the Daughter of the 2nd respondent and the second respondent have agreed and undertaken that, there are no monetary claims against the petitioners in any manner in future as all the disputes have come to an end through the present Joint Affidavit and the terms of settlement have been agreed in the presence of well wishers of both the parties. f. We submit that uncertainly any complaints are pending against each other's, the same shall be withdrawn by the either and the other parties. Uncertainly the presence of petitioners and the Daughter of the second respondent is required CC No.53058/2024 the file of the learned 11th - 6 - NC: 2025:KHC:5746 CRL.P No. 757 of 2025 Additional Chief Metropolitan Magistrate Mayo hall at Bengaluru, we under take to appear as and when required. g. The petitioners and the Daughter of the second respondent shall not approach any courts, police stations or any other authorities claiming any reliefs against each other concerning the marriage in question. h. We submit that, the petitioners and the second respondent have understood all the contents of the present Affidavit as the same were explained to them in both English and Urdu Language known to them, after understanding the same they have signed on this day to the joint affidavit without any coercion, undue influence and the same is out of free will and wish. WHEREFORE, we, the petitioners and Daughter of 2nd respondent respectfully prays that this Hon'ble Court may be pleased to quash the entire proceedings initiated by the respondent No.1 based on the complaint lodged by the respondent No.2 against the petitioners in C.C.No.53058/2024 in pending on the file of 11th Additional Chief Judicial Magistrate Court at Bengaluru for the offence punishable Under Section 498A, R/w 34 of Indian Penal Code and Section 4 of the Dowry Prohibition Act in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: - 7 - NC: 2025:KHC:5746 CRL.P No. 757 of 2025 ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 05.02.2025. (ii) All further proceedings in C.C.No.53058/2024 arising out of Crime No.136/2022 registered by the 1st respondent – Police for the offences punishable under Section 498-A r/w 34 IPC and Section 4 of the D.P.Act, pending on the file of XI ACJM, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.