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2025 DAILYLAW 14264 (KAR)

A VASEEM v. STATE BY CHITRADURGA WOMEN PS,

CRL.P/652/2023 · 2025-02-10

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:6161 CRL.P No. 652 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 652 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. A. VASEEM, (MOHMED VASIM IN FIR) S/O MD. ASMATH, AGED ABOUT 48 YEARS, NO.869, TEACHERS COLONY, 2ND CROSS, NEAR AMRUTHA AYURVEDIC COLLEGE, CHITRADURGA - 577 501 2. AKHIYA JABEEN ARA (NAZEEM IN FIR) W/O A. VASEEM, AGED ABOUT 42 YEARS, NO.869, TEACHERS COLONY, 2ND CROSS, NEAR AMRUTHA AYURVEDIC COLLEGE CHITRADURGA - 577 501 …PETITIONERS (BY SRI. BASAVARAJ, SENIOR ADV. FOR SRI. GOUTHAM A.R., ADVOCATE) AND: 1. STATE BY CHITRADURGA WOMEN PS, CHITRADURGA, REPPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560001 2. SYEDA RUBEENA NAAZ W/O MD. VALIULLA, AGED ABOUT 28 YEARS, R/AT NEHRU NAGAR, 1ST CROSS, MECCA MASJID ROAD, HOLALKERE ROAD, CHITRADRUGA - 577 501 …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 SRI. B.M. SIDDAPPA, ADV. FOR R2) Digitally signed by LEELAVATHI S R Location: High court of Karnataka - 2 - NC: 2025:KHC:6161 CRL.P No. 652 of 2023 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE FIR BEARING CR.NO.133/2022 REGISTERED IN THE CHITRADURGA WOMEN POLICE STATION, FOR THE OFFENCE PUNISHABLE UNDER SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AND SECTION 149, 498A, 504 AND 506 OF IPC PENDING BEFORE THE I ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C, CHITRADURGA IN SO FAR AS THE PETITIONERS ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: a) To quash the F.I.R. bearing Crime No.133/2022 registered in the Chitradurga Women Police Station for offences punishable under Sections 3 and 4 of the Dowry Prohibition Act and Sections 149, 498A, 504 and 506 of the Indian Penal Code pending before the I Additional Senior Civil Judge and JMFC, Chitradurga, in so far as the petitioners are concerned. b) To pass such other order, relief’s or orders deemed fit and proper in the facts and circumstances of the above petition, in the interest of justice and equity. 2. Heard learned counsel for the petitioner, learned HCGP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. - 3 - NC: 2025:KHC:6161 CRL.P No. 652 of 2023 3. A perusal of the material on record will indicate that respondent No.2 - complainant is the wife of Md. Valiulla, who was arrayed as accused No.1 in Crime No.133/2022 before respondent No.1-Police. In the said proceedings, Akhiya Jabeen Ara @ Nazeem was arrayed as accused No.6 and she is petitioner No.2 in the petition. So also, her husband A. Vaseem @ Mohmed vasim is arrayed as accused No.5 and he is petitioner No.1 in the petition. The dispute between respondent No.1-complainant and her husband ended in compromise vide settlement dated 15.03.2024 passed in Crl.Mis.No.24/2022 to which the petitioners are also parties and the said proceedings initiated by respondent No.2- complainant against the petitioners as well as her husband was disposed of as settled. Under these circumstances, the question of continuing the present proceedings would not arise and the same deserves to be quashed. 4. In the result, I pass the following: ORDER (i) The Petition is allowed. (ii) The impugned criminal proceedings in Crime No.133/2022 registered by respondent No.1-Police, pending on the file of the I Additional Senior Civil - 4 - NC: 2025:KHC:6161 CRL.P No. 652 of 2023 Judge and JMFC, Chitraudrga, in so far as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 2