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High Court of Karnataka · body

2025 DAILYLAW 25603 (KAR)

MR SAMEER AHMED v. THE STATE OF KARNATAKA

CRL.P/5498/2024 · 2025-01-24

S R Krishna Kumar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - NC: 2025:KHC:3183 CRL.P NO.5498 OF 2024 C/W CRL.P NO.5348 OF 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR CRIMINAL PETITION NO.5498 OF 2024 C/W CRIMINAL PETITION NO.5348 OF 2024 IN CRL.P No.5498/2024 BETWEEN: 1. MR. SAMEER AHMED @ SAMEER AHAMED S/O LATE ABDUL SUBHAN AGED ABOUT 49 YEARS, 2. MRS. HAJIRAMBI W/O LATE ABDUL SUBHAN, AGED ABOUT 69 YEARS. PETITIONERS 1 AND 2 ARE R/AT 1ST MAIN, TIPPU NAGAR, DAVANAGERE. 3. MR. ABDUL BASHEER S/O ABDUL KHADAR, AGED ABOUT 66 YEARS, R/AT NO.644 3RD CROSS, KODIHALLI, BENGALURU - 560 008. …PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE) AND: THE STATE OF KARNATAKA BY JEEVAN BHEEMA NAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. …RESPONDENT (BY SMT. M.M. WAHEEDA, HCGP) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:3183 CRL.P NO.5498 OF 2024 C/W CRL.P NO.5348 OF 2024 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE PROCEEDINGS IN CRIMINAL APPEAL NO.1321/2023 PENDING ON THE FILE OF THE LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ARISING OUT OF C.C.NO.22712/2003 REGISTERED BY JEEVAN BHEEMA NAGAR POLICE STATION BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 109 READ WITH SECTION 34 OF THE INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT. IN CRL.P NO.5348/2024 BETWEEN: 1. MR. SAMEER AHMED @ SAMEER AHAMAD S/O LATE ABDUL SUBHAN, AGED ABOUT 49 YEARS. 2. MRS. HAJIRAMBI W/O LATE ABDUL SUBHAN AGED ABOUT 69 YEARS. 3. MR. ABDUL BASHEER S/O ABDUL KHADAR, AGED ABOUT 66 YEARS. ALL ARE RESIDING AT: NO.644, 3RD CROSS, KODIHALLI, BENGALURU - 560 008. ...PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY JEEVAN BHEEMA NAGAR POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATKA, BENGALURU - 560 001. 2. MISS. ARSHIYA JASMIN D/O LATE M.J. AHAMED HUSSAIN AGED ABOUT 46 YEARS, - 3 - NC: 2025:KHC:3183 CRL.P NO.5498 OF 2024 C/W CRL.P NO.5348 OF 2024 R/AT NO.774/B, NEAR DEEPA TILES FACTORY, KODIHALLI, BENGALURU - 560 008. ...RESPONDENTS (BY SMT. M.M. WAHEEDA, HCGP FOR R1 RESPONDENT NO.2 - SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, PRAYING TO QUASH THE PROCEEDINGS IN CRIMINAL APPEAL.NO.341/2022 PENDING ON THE FILE OF LXXI ADDITIONAL CITY CIVIL AND SESSIONS JUDGE, BENGALURU ARISING OUT OF C.C.NO.22712/2003 REGISTERED BY JEEVAN BHEEMA NAGAR POLICE STATION BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A AND 109 READ WITH SECTION 34 OF THE INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT. THESE PETITIONS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR ORAL ORDER Petitioners in these petitions are the husband, mother-in-law and father-in-law of the respondent No.1-Smt. Arshiya Jasmin in Criminal Petition No.5348/2024. 2. It is submitted that the dispute between the parties ended in the compromise in Criminal Appeal No.1321/2023 clubbed with Criminal Appeal No.341/2022 vide final order dated 12th April, 2023. - 4 - NC: 2025:KHC:3183 CRL.P NO.5498 OF 2024 C/W CRL.P NO.5348 OF 2024 3. In view of the settlement arrived at between the parties in Criminal Appeal No.1321/2023 clubbed with Criminal Appeal No.341/2022, the question of continuing the impugned proceedings would not arise in the facts and circumstances of the instant case. 4. In the result, I pass the following: O R D E R 1) Criminal *Petition Nos.5498/2024 and 5348/2024 are allowed; 2) The proceedings in Criminal Appeal Nos.1321/2023 and 341/2022 pending on the file of the LXXI Additional City Civil and Sessions Judge, Bengaluru arising out of C.C. No.22712/2003 registered by Jeevan Bheema Nagar Police Station, Bengaluru qua the petitioners for the offences punishable under Sections 498A and 109 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act are hereby quashed. SD/- (S.R. KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 38 * Corrected vide Chamber order dated: 11.02.2025.