Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.4853 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
TASMIYA TURABI W/O ASIF ALI TURABI.
AGED ABOUT 40 YEARS.
R/AT NO.07, JERMAIAH ROAD, FRAZER TOWN.
BANGALORE – 560 046
2.
SADIA @ SADIA FATIMA W/O FAROOQ SHAIK, AGED ABOUT 44 YEARS, R/AT NO.6025 B, 1ST CROSS, RAVINDRANAGAR, HASSAN – 573 201
3.
TARANNUM @ SUMIYA TARANNUM, W/O MOHAMMED RIZWAN ALI, AGED ABOUT 36 YEARS, R/AT NO.99, GROUND FLOOR, ROBERTSON ROAD, NEAR G.K. VALE, FRAZER TOWN, BENGALURU – 560 005
4. NASEEMUNNISA W/O FIAZ AHMED SHARRIF, AGED ABOUT 64 YEARS, R/AT NO.3305, H N PURA ROAD SHARIFF COLONY, HASSAN – 573 201
5.
FAROOQ SHAIK S/O LATE SHAIK ABDUL GAFFOOR AGED ABOUT 45 YEARS, R/AT NO.1081, 2ND CROSS, RAVINDRA NAGARA,
RAKSHANAPURAM, HASSAN – 573 201.
* Retyped and replaced vide Chamber order dated 22.01.2025
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024
6.
SHEERAZ AHMED SHARIEF,
S/O FAIZ AHAMED SHARIEF,
AGED ABOUT 35 YEARS,
RESIDING AT NO.6205-B,
1ST CROSS, RAVINDRA NAGAR,
HASSAN – 573 201. …PETITIONERS (BY SRI. NITHYANANDA K.R. AND SRI. VYDYESWARA S, ADVOCATES)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY EAST ZONE WOMEN POLICE STATION, BANGALORE THROUGH THE OFFICE OF STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001
2.
SMT RUKHSAR MUSTAFA SHARIF, W/O SHEERAZ AHMED, AGED ABOUT 33 YEARS, R/AT PRISHA ORCHIDS, NO.202 A - BLOCK, 2ND FLOOR, OPP.MANIPAL ACADEMY, BHARTIYA CITY ROAD, CHOKKANAHALLI, BANGALORE – 560 064 …RESPONDENTS (BY SMT. M.M.WAHEEDA, ADV. FOR R1;
SRI. RAMESH H.E., ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE COMPLIANT DATED 03.09.2021 AND FIR DATED 03.09.2021 REGISTERED IN CRIME NO.94/2021 BEFORE VI ACMM, BENGALURU CITY NOW TRANSFERRED TO 11TH ACJM, MAYOHALL, BENGALURU, FOR OFFENCE P/U/S 498-A, 504, 506, 323 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT IN SO FAR AS PETITIONERS ARE CONCERNED (ANNEXURES – A AND B) AND ETC. * Retyped and replaced vide Chamber order dated 22.01.2025
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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024
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, the petitioners seek the following reliefs:
“a) Quash the Complaint dated 03.09.2021 and FIR dated 03.09.2021 registered in Crime No.94/2021 before VI ACMM Bengaluru City transferred to 11 ACJM, Mayohall, Bengaluru, for offences punishable under Sections 498A, 504, 506, 323 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act in so far as petitioners are concerned (Annexures – A and B) b) Quash the charge sheet dated 26.11.2022 in CC No.33610/2021 before VI ACMM, Bengaluru City, transferred to 11 ACJM, Mayohall, Bengaluru, for the offence punishable under Sections 498A, 504, 506, 323 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act in so far as petitioners are concerned (Annexure-C). c) Set aside the impugned order of cognizance dated 26.11.2021 culminating in CC No.33610/2021 before VI ACMM, Bengaluru City, transferred to 11 ACJM, Mayohall, Bengaluru, for the offence punishable under Sections 498A, 504, 506, 323 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act in so far as petitioners are concerned (Annexure-D).” * Retyped and replaced vide Chamber order dated 22.01.2025
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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024
2.
Learned counsel for the petitioners – accused Nos.1 to 6 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos.1 to 6 and their counsel, 2nd respondent and her counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:-
“JOINT AFFIDAVIT I, Maseemunnisa W/o Faiz Ahamed Sharief, aged about 64 years, R/at No.3305, HN Pura Road, Shariff Colony, Hassan, now at Bengaluru, do hereby solemnly affirm and state on oath as follows : a. Tasmiya Turabi W/o Asif Ali Turabi b. Sadia @ Sadia Fatime W/o Farooq Shaik
c. Tarannum and Sumiya Tarannum,
d. Farooq Shaik
e. Sheeraj Ahmed Shariff
I, Rukhsar Mustafa Sharif W/o Sheeraz Ahmed Sharif, aged about 33 years, R/at Prisha Orchids, No.202-A Block, 2nd Floor, Opp. Manipal Academy, Bhartiya City Road, Chokkanahalli, Bengaluru – 560 064, do hereby solemnly affirm and state on oath as follows : * Retyped and replaced vide Chamber order dated 22.01.2025
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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024
We state that, the petitioner No.4 is the mother and Nos.1, 2, 3, 4, 5 and 6 are my daughters and daughters-in- laws and son.
I am the respondent No.2 in the above case and I know the facts of the case.
It is submitted that, the petitioners and respondent No.2 at the intervention of elders and well wishers have amicably settled the dispute. It is submitted that, respondent No.2 had filed divorce petition in OS No.11/2025 before the 1st Addl. Family Judge Court, at Bengaluru and wherein before mediation she has agreed to withdraw all her pending cases between herself and her husband be receiving Meher amount Rs.3,00,000/- DD No.831495 dtd. 10.01.2025, State Bank of India, Benson Town, Bengaluru. It is submitted that, in view of the said facts and circumstances the above petition may be allowed quashing entire proceedings initiated by Respondent No.2, in the interest of justice.”
4. In view of the aforesaid compromise entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Affidavit dated 10.01.2025.
(ii) The Complaint dated 03.09.2021 and FIR in Crime No.94/2021 dated 07.09.2021 of East Zone Women Police Station, * Retyped and replaced vide Chamber order dated 22.01.2025
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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024
Bengaluru City and C.C.No.33610/2021 pending on the file of the 11th Addl. Chief Judicial Magistrate, Mayohall, Bengaluru City, in relation to the petitioners are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SRL List No.: 1 Sl No.: 103
* Retyped and replaced vide Chamber order dated 22.01.2025