- 1 - NC: 2025:KHC:16708 CRL.P No. 3025 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 3025 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. MR SYED BURHAN S/O SYED ZAMEER AGED ABOUT 32 YEARS, R/AT NO.49-1, 2ND A CROSS, OLD MADIWAL ROAD, BENGALURU - 560 068, CORRECT ADDRESS R/AT R/AT NO. 13, 2ND CROSS, 3RD MAIN BEHIND, HANUMAN TEMPLE, HOSUR MAIN ROAD, MADIVALA, BENGALURU - 560 068. 2. MR. SYED ZAMEER S/O SYED SAHIB AGED ABOUT 65 YEARS, R/AT NO.49-1, 2ND A CROSS, OLD MADIWAL ROAD, BENGALURU - 560 068, CORRECT ADDRESS R/AT R/AT NO.13, 2ND CROSS, 3RD MAIN BEHIND, HANUMAN TEMPLE, HOSUR MAIN ROAD, MADIVALA, BENGALURU - 560 068. 3. MRS. HAMEEDA BANU W/O SYED ZAMEER AGED ABOUT 56 YEARS, R/AT NO.49-1, 2ND A CROSS, OLD MADIWAL ROAD, BENGALURU - 560 068, CORRECT ADDRESS R/AT R/AT NO. 13, 2ND CROSS, 3RD MAIN BEHIND, HANUMAN TEMPLE, HOSUR MAIN ROAD, MADIVALA, BENGALURU - 560 068. 4. NAZHATH MRS. NAZHAT ARA (CORRECT NAME) W/O SAKLAN PASHA AGED ABOUT 36 YEARS R/AT NO.49-1, 2ND A CROSS, AGED ABOUT 36 YEARS, OLD MADIWAL ROAD, Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:16708 CRL.P No. 3025 of 2025 BENGALURU - 560 068, CORRECT ADDRESS R/AT 13, 2ND CROSS, 3RD MAIN BEHIND, HOSUR MAIN ROAD, HANUMAN TEMPLE, MADIVALA, BENGALURU - 560 068. 5. KUBRA MRS. KUTHAJA UL KUBRA (CORRECT NAME) D/O SYED ZAMEER W/O S JAFAR AGED ABOUT 32 YEARS R/AT NO.49-1, 2ND A CROSS, OLD MADIWAL ROAD, BENGALURU - 560 068, CORRECT ADDRESS R/AT R/AT NO 35, 2ND CROSS, 3RD MAIN, HOSUR ROAD, MADIVALA, BENGALURU SOUTH BENGALURU, KARNATAKA - 560 068. 6. SHAIK JAFAR MR. S JAFAR (CORRECT NAME) S/O. M S HANEEF, AGED ABOUT 39 YEARS R/AT NO.49- 1, 2ND A CROSS, OLD MADIWAL ROAD, BENGALURU - 560 068, CORRECT ADDRESS R/AT PERMANENT R/AT NO.6-234, GUDIYATTAM ROAD, PALAMANER, CHITOOR, ANDHRA PRADESH - 511 7408. …PETITIONERS (BY SRI. SHAHIDA KHANAM J., ADVOCATE) AND: 1. STATE BY SOUTH EAST WOMEN P S REP BY HCGP HIGH COURT BUILDING BENGALURU - 560 001. 2. MRS. AALEA THABASSUM D/O. NAZMA SULTANA AGED ABOUT 27 YEARS, R/AT F3, GOVIANU CRECENT, 11TH MAIN ROAD, - 3 - NC: 2025:KHC:16708 CRL.P No. 3025 of 2025 J KURUBRAHALLI, BENGALURU - 560 086. …RESPONDENTS (BY SRI. RAHUL RAI K. HCGP FOR R1, SRI. MOHAMMED SULTAN ADV FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO I. QUASH THE FIRST INFORMATION REPORT FILED BY THE RESPONDENT NO.1 I.E SOUTH EAST WOMEN POLICE STATION IN CRIME NO. 67/2024 DATED 15/09/2024 ETC. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. Learned High Court Government Pleader accepts notice for respondent–State. Sri Mohammad Owais Sultan, learned counsel, undertakes to file vakalath on behalf of respondent No.2. 2. The petitioners, who have been charge-sheeted for the offences punishable under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are before this Court seeking relief. 3. The prosecution alleges that accused No.1, the husband of the de facto complainant, along with the other accused, who are his relatives, subjected the de facto complainant to mental and physical cruelty and demanded money from her parental home. 4. The parties are present before this Court. - 4 - NC: 2025:KHC:16708 CRL.P No. 3025 of 2025 5. The petitioners have annexed 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. 6. On perusal of the memorandum of settlement, it is evident that accused No.1 and the de facto complainant have amicably resolved their dispute, and in terms of the settlement, their marriage has been dissolved by mutual consent in O.S. No.34/2025. It is also noted that accused No.1 has paid a sum of Rs.10,00,000/- towards permanent alimony. Respondent No.2 has agreed to withdraw all allegations against the petitioners and has no objection to quashing the impugned proceedings. 7. Although the offences alleged are cognizable and non- compoundable, considering the fact that the parties have amicably settled the matrimonial dispute, subjecting the petitioners to a criminal trial would serve no fruitful purpose. The likelihood of conviction is remote and bleak in light of the settlement. Hence, the continuation of the criminal proceedings would amount to an abuse of the process of law. ORDER i. Accordingly, petition is allowed. - 5 - NC: 2025:KHC:16708 CRL.P No. 3025 of 2025 ii. The impugned proceedings in C.C.No.2179/2025 on the file of XXXIX Addl. Chief Metropolitan Magistrate, Bangalore is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN List No.: 1 Sl No.: 152