Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:21776 CRL.P No. 5088 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5088 OF 2023 (482(Cr.PC)/528(BNSS))
BETWEEN:
1.
MR. SAYED IRFAN KAZI S/O SAYED GHOUSE BABAJAN KAZI, AGED ABOUT 35 YEARS,
2.
MRS. NOOR JEHAN KAZI W/O SAYED GHOUSE BABAJAN KAZI, AGED ABOUT 70 YEARS,
BOTH R/AT FLAT 1, NORHAM END, NORHAM ROAD, OXFORD-OX2 6SG, UNITED KINGDOM, ALSO R/OF FLAT NO.1706, GLEN GATE C WING, HOUSE OF HIRANANDANI, KODIGEHALLI MAIN ROAD, HEBBAL, BANGALORE-560092. …PETITIONERS (BY SRI. SADANAND G SHASTRI., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY WOMEN POLICE, EAST ZONE HONBLE HIGH COURT OF KARNATAKA, BANGALORE.
2.
DR. NOOR FATHIMA KAZI W/O SAYED IRFAN KAZI, D/O MOHAMED TAMEEM ANSARI,
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:21776 CRL.P No. 5088 of 2023
AGED ABOUT 34 YEARS, R/AT NO.563, IST MAIN, KARAMCHAND LAYOUT, LINGARAJAPURAM, BANGALORE, KARNATAKA-560084. …RESPONDENTS (BY SRI. JAGADEESHA B.N., ADDL. SPP FOR R1 SRI. YALEEN BABU., ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING THIS HONOURABLE COURT TO QUASH THE CHARGE SHEET FILED BY WOMEN POLICE EAST ZONE, BANGALORE FOR THE OFFENCE P/U/S 498A, 504, 506 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT IN C.C.NO.36651/2022 BEFORE THE VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, NRUPATHUNGA ROAD, BENGALURU AND ETC.
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 petitioner seeks the following reliefs:
"WHEREFORE, the Petitioners most humbly and respectfully pray that this Hon'ble Court may kindly be pleased to quash the Charge Sheet filed by Women's Police, East Zone Bangalore, under Sections 498(A), 504, 560 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, in C.C.No.36651/2022 before the VIth Additional Chief Metropolitan
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HC-KAR NC: 2025:KHC:21776 CRL.P No. 5088 of 2023
Magistrate Court, Nrupatunga Road, Bangalore and grant such other relief as this Hon'bile Court may deem fit under the facts and circumstances of the above case by allowing this Criminal Petition in toto, in the interest of justice."
2. Heard the learned Counsel for the petitioners, learned High Court Government Pleader for respondent No.1-State and learned Counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record would indicate that respondent No.2-Defacto complainant, is the wife of petitioner No.1/accused No.1, who is mother of petitioner No.2/accused No.2. Respondent No.2 filed the instant complaint against the petitioners on 08.08.2022, which was registered as an FIR in Crime No.138/2022, pursuant to which, the respondent-Police have conducted investigation and filed a charge sheet in C.C.No.36651/2022 before the Trial Court. - 4 -
HC-KAR NC: 2025:KHC:21776 CRL.P No. 5088 of 2023
4. Learned counsel for the petitioners submits that the petitioners have already filed an application seeking discharge in the said C.C.No.36651/2022 and the matter is posted before the Trial Court on 10.10.2025. It is submitted that the present petition may be disposed of directing the Trial Court to prepone/advance the case from 10.10.2025 to 30.06.2025 with a direction to the Trial Court to dispose of the Discharge application filed by the petitioners within a stipulated timeframe by keeping open all contentions. 5. In view of the aforesaid facts and circumstances, though several contentions have been urged by both sides in support of their respective claims, having regard to the undisputed fact that the Discharge application has been filed by the petitioners in C.C.No.36651/2022, which stands posted to 10.10.2025, without expressing any opinion on the merits/demerits of the rival contentions, I deem it appropriate to dispose of the present petition by issuing certain directions to the Trial Court. - 5 -
HC-KAR NC: 2025:KHC:21776 CRL.P No. 5088 of 2023
6.
Accordingly, this Court proceeds to pass the following:
ORDER (i) The Criminal Petition is hereby disposed of. (ii) The Trial Court before whom C.C.No.36651/2022 is pending, i.e., VI Additional Chief Metropolitan Magistrate, Bengaluru, is directed to prepone/advance the case from 10.10.2025 to 30.06.2025. (iii) The Trial Court shall dispose of the Discharge application filed by the petitioners in accordance with law within a period of two weeks from 30.06.2025. (iv) Liberty is granted in favour of the petitioners to approach this Court, subsequently if the occasion so arises. (v) All rival contentions on all aspects of the matter are kept open and no opinion is expressed on the same.
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HC-KAR NC: 2025:KHC:21776 CRL.P No. 5088 of 2023
7. Pending Interlocutory Application(s), if any, stand(s) disposed of.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
DL List No.: 4 Sl No.: 2