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2025 DAILYLAW 16633 (KAR)

UMAIR AHMED v. STATE OF KARNATAKA

CRL.P/1937/2025 · 2025-04-26

Hemant Chandangoudar

body2025

Judgment text

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- 1 - NC: 2025:KHC:17236 CRL.P No. 1937 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 1937 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. UMAIR AHMED S/O NAZEER AHMED AGED ABOUT 28 YEARS 2. UMME ASMA AGED ABOUT 52 YEARS W/O NAZEER AHMED 3. NAZEER AHMED AGED ABOUT 56 YEARS S/O ABDUL HAFEEZ 4. MISBHA W/O SHAFIQ AGED ABOUT 28 YEARS D/O NAZEER AHMED 5. SALLU AGED ABOUT 54 YEARS S/O SYED SHAFIULLA 6. KALEEM AGED ABOUT 52 YEARS S/O SYED SHAFIULLA 7. ASLAM AGED ABOUT 43 YEARS S/O SYED SHAFIULLA Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:17236 CRL.P No. 1937 of 2025 8. NAYAZ AGED ABOUT 45 YEARS S/O ABDUL HAFEEZ 9. SAMIULLA AGED ABOUT 57 YEARS S/O SYED SHAFIULLA PETITIONER NO.1 TO 9 ARE RESIDING AT NO.18, RAGHUVENAHALLI, KANAKPURA MAIN ROAD, BANGALORE - 68. …PETITIONERS (BY SRI. SHAHBUDDIN MUJTABA FOUJDAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SUDDAGUNTE PALYA POLICE STATION NO.42, 4TH MAIN RD, K.M.LAYOUT, BALAJI NAGAR, S.G. PALYA, REPRESENTED BY SPP HIGH COURT OF KARNATAKA, BANGALORE - 560 001. 2. BUSHRA TARANNUM D/O MOHAMMED KALEEM, AGED ABOUT 20 YEARS, R/AT NO.5/2, 3RD CROSS, VIRAT NAGAR, BOMMANAHALLI, BANGALORE - 68. …RESPONDENTS (BY SRI. M.V.ANOOP KUMAR, HCGP FOR R1; SRI. SYED SALEEM, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDING IN P.C.R. NO.11285/2024 IN CRIME NO.332/2024 OF SUDDAGUNTE PALYA POLICE STATION PENDING BEFORE HON'BLE CHIEF JUDICIAL MAGISTRATE AT BANGALORE FOR OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 504, 506 R/W SEC. 34 OF I.P.C. AND SEC 3 AND 4 OF THE D.P ACT. - 3 - NC: 2025:KHC:17236 CRL.P No. 1937 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for the offences punishable under Sections 498A, 323, 504, and 506 read with Section 34 of the Indian Penal Code, 1860 (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961, have approached this Court seeking relief. 2. The prosecution alleges that accused No.1, who is the husband of the de facto complainant, along with other accused persons, who are the relatives of accused No.1, subjected the de facto complainant to cruelty, both mental and physical, and demanded money from her parental home. 3. The learned Special Public Prosecutor (SPP) accepts notice for the respondent – State. 4. The petitioners have produced a copy of the memorandum of settlement entered into under Section 89 of the Code of Civil Procedure, 1908, read with Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005. A perusal of the memorandum of settlement reveals - 4 - NC: 2025:KHC:17236 CRL.P No. 1937 of 2025 that the marriage between accused No.1 and the de facto complainant has been dissolved mutually by a decree of divorce passed in O.S. No.452/2024. As per the terms of settlement, accused No.1 has agreed to pay a sum of Rs.8,00,000/- (Rupees Eight Lakhs only) towards permanent alimony to the de facto complainant, which amount has already been paid before the Trial Court. 5. Respondent No.2, who is present before this Court, has stated that she has settled the dispute amicably with the petitioners, has no subsisting grievance against them, and has no objection to the quashing of the impugned criminal proceedings. 6. Considering that the parties have amicably resolved their disputes, continuation of the criminal proceedings would serve no useful purpose. In view of the settlement arrived at between the parties, the possibility of securing a conviction is remote and bleak. Therefore, further continuation of the proceedings would amount to an abuse of the process of law and would only result in unnecessary harassment and waste of judicial time. 7. Accordingly, the petition is allowed. The impugned proceedings arising out of the charge sheet filed against - 5 - NC: 2025:KHC:17236 CRL.P No. 1937 of 2025 the petitioners in connection with the above case are hereby quashed. ORDER i) Criminal petition is allowed; ii) The impugned proceedings in Crime No.332/2024, pending on the file of Chief Judicial Magistrate at Bangalore, insofar as it relates to petitioners herein stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE SRK List No.: 1 Sl No.: 4 CT:SK