Extracted from the PDF above. The PDF is authoritative.
- 1 -
NC: 2025:KHC:17784 CRL.P No. 6556 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.6556 OF 2025
BETWEEN:
1.
SYED MUBASHEER AHMED S/O SYED MUSHEER AHMED AGED ABOUT 30 YEARS
2.
NOOR AFZA W/O SYED MUSHEER AHMED AGED ABOUT 63 YEARS.
3.
SYED MUSHEER AHMED S/O SYED ABDUL LATHIPH AGED ABOUT 67 YEARS.
PETITIONERS 1 TO 3 ARE R/AT. NO.6, 1ST CROSS NEAR SULTHAN BAKERY LASHKAR MOHALLA MYSORE-570 021.
4.
SYED MISBAH D/O SYED MUSHEER AHMED AGED ABOUT 27 YEARS R/AT. NO.296, RAJKUMAR ROAD SATHGALI, VTC, RAJEEVNAGAR MYSORE-570 019. …PETITIONERS
(BY SRI. MOHAMMED UMMAR FAROOQ, ADV.,)
Digitally signed by ARSHIFA BAHAR KHANAM Location: High Court of karnataka
- 2 -
NC: 2025:KHC:17784 CRL.P No. 6556 of 2025
AND:
1.
STATE BY BASAVANGUDI WOMEN POLICE STATION REP. BY ITS STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE-560001.
2.
FARHEEN SHARIFF W/O MUBASHEER AHAMED AGED ABOUT 29 YEARS NO.8, 1ST CROSS, B BLOCK NEAR R.K. PALACE, KANAKANAGAR BENGALURU. DIST-560032. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1 SRI. M.G. RIYAZULLA KHAN, ADV., FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.419/2023 (CR.NO.229/2022) IN THE FILE OF XXXVII ACJM AT BENGALURU, REGISTERED BY THE BASAVANAGUDI WOMEN POLICE STATION, FOR THE OFFENCE P/U/S 498A, 323 AND 506 OF IPC AND SEC. 3 AND 4 OF D.P. ACT, BY ALLOWING THE PETITION IN THE INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER
1. The learned High Court Government Pleader (HCGP) accepts notice on behalf of Respondent No.1.
2. Sri M.G. Riyazulla Khan, learned counsel, files vakalat on behalf of Respondent No.2.
- 3 -
NC: 2025:KHC:17784 CRL.P No. 6556 of 2025
3. The petitioners, who have been charge-sheeted for offences punishable under Sections 498A, 323, 504, and 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, are before this Court seeking relief.
4. The prosecution alleges that Accused No.1 (husband), Accused Nos.2 and 3 (parents-in-law), and Accused No.4 (sister-in-law) subjected the complainant to physical and mental cruelty and also demanded money from her parental home.
5. The parties are present before this Court and have filed a joint affidavit stating that Accused No.1 and the complainant have amicably resolved the dispute, and in terms of the settlement, the complainant has reunited with Accused No.1 and is now leading a cordial marital life. Respondent No.2 has agreed to withdraw all allegations and has no objection to the quashing of the impugned proceedings.
6. The joint affidavit is taken on record.
7. Although the offences alleged are cognizable and non-compoundable, considering that the parties have amicably settled the matter, it would be futile to subject the petitioners to trial as the probability of conviction is
- 4 -
NC: 2025:KHC:17784 CRL.P No. 6556 of 2025
remote and unlikely in light of the settlement. In such circumstances, continuation of the criminal proceedings would amount to an abuse of the process of law.
8. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.419/2023 on the file of the XXXVII Additional Chief Judicial Magistrate, Bengaluru, are hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BSR List No.: 1 Sl No.: 173