Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:18077 CRL.P No. 6720 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 6720 OF 2025 (482(Cr.PC) / 528(BNSS)) BETWEEN:
SRI. FARAZ AHMED S/O IMTIYAZ AHMED, AGED ABOUT 39 YEARS, R/AT 63-C, 6TH FLOOR, CITY LIGHTS LIBERTY BUILDING, BELLANDUR OUTER RING ROAD, BANGALORE-560 103. …PETITIONER (BY MS. SOFIYA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY BELLANDURU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560 001.
2.
SMT. AFSHAN, W/O FARAZ AHMED, AGED ABOUT 33 YEARS, R/AT 32, BRUNDAVANA APARTMENT, 9TH CROSS, HMT LAYOUT, VV NAGAR, RT NAGAR, BANGALORE-560 032. …RESPONDENTS
(BY SRI. RAHUL RAI K., HCGP FOR R-1;
SRI. MIRZA FAIZAN ASSAD, ADVOCATE FOR R-2)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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NC: 2025:KHC:18077 CRL.P No. 6720 of 2025
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS PRAYING TO: (i) QUASH THE ENTIRE PROCEEDINGS IN CC.NO.26961/2022, ARISING OUT OF CRIME NO.102/2022 OF 1ST RESPONDENT BELLANDURU POLICE STATION, NOW PENDING ON THE FILE OF XLI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 504 R/W SECTION 34 OF THE INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT (ANNEXURE-A); (ii) QUASH THE ENTIRE CHARGE SHEET IN CC.NO.26961/2022, ARISING OUT OF CRIME NO.102/2022 OF 1ST RESPONDENT BELLANDURU POLICE STATION, NOW PENDING ON THE FILE OF XLI ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BANGALORE, FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 504 R/W SECTION 34 OF THE INDIAN PENAL CODE AND SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT, (ANNEXURE-B).
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ
ORAL ORDER
Petitioner/accused No.1 has preferred this petition under Section 482 of Cr.P.C., seeking the following prayers:-
“(i) Quash the entire proceedings in CC.NO.26961/2022, arising out of Crime No.102/2022 of 1st Respondent Bellanduru Police Station, now pending on the file of XLI Additional Chief Judicial Magistrate, Bangalore for the offences punishable under Section
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NC: 2025:KHC:18077 CRL.P No. 6720 of 2025
498(A), 504 R/W Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act (Annexure-A); (ii) Quash the entire charge sheet in CC.No.26961/2022, arising out of Crime No.102/2022 of 1st Respondent Bellanduru Police Station, now pending on the file of XLI Additional Chief Judicial Magistrate, Bangalore, for the offences punishable under Section 498(A), 504 R/W Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, (Annexure-B). (iii) Pass such other order as deemed fit in view of
facts and circumstances of the case in the interest of justice and equity.”
2. Respondent No.2 herein lodged a complaint with the police against the petitioner and his parents alleging offences punishable under Section 498A of IPC and Section 3 and 4 of the Dowry Prohibition Act, on the basis of which a case in Crime No.102/2022 was registered at Bellandur Police Station, Bengaluru City.
3. The Police have filed charge sheet against accused Nos.1 to 3 for offences punishable under Section
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NC: 2025:KHC:18077 CRL.P No. 6720 of 2025
498A, 504 r/w 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act.
4.
Learned counsel for petitioner has filed a joint memo under Section 320 r/w 482 of Cr.P.C., wherein it is stated that, during pendency of the case, the parties have compromised and entered into a settlement agreement before Karnataka Mediation Centre in G & WC No.34/2022. It is further stated that the marriage between the petitioner and respondent No.2 has been dissolved by way of Khula and both the parties have voluntarily accepted the same without any force, coercion or undue influence. 5. Petitioner as well as respondent No.2 are present before the Court. They are identified by their learned Advocates. 6. Respondent No.2 submits that in view of the compromise, she has no objection to quash the proceedings pending against the petitioner. - 5 -
NC: 2025:KHC:18077 CRL.P No. 6720 of 2025
7. Joint memo is supported by the affidavits of the petitioner as well as respondent No.2. At para No.5 of the affidavit, respondent No.2 has stated that as per the terms and conditions of the compromise, she has agreed to withdraw the criminal case and the entire charge sheet in C.C.No.26961/2022, on the file of XLI Additional Chief Metropolitan Magistrate, for the offence punishable under Section 498A, 506 r/w 34 of IPC and Section 3 and 4 of the Dowry Prohibition Act. She is therefore, seeking to compound the offence. 8. In Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013 (2) Crimes 90 (SC), the Hon’ble Apex Court has held that, the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is
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NC: 2025:KHC:18077 CRL.P No. 6720 of 2025
satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR. 9.
In the case of B.S.Joshi v. State of Haryana reported in (2003) 4 SCC 675, the Hon’ble Apex Court has upheld the powers of the High Court under Section 482 of the code to quash criminal proceedings, where dispute is of a private nature and a compromise is entered into between the parties who are willing to settle their differences amicably. 10. Matter arises out of a matrimonial dispute. The parties have entered into a settlement. Respondent No.2, present before the Court has submitted that she is not willing to proceed further against the petitioner and other accused persons and she has no objection to quash the pending proceedings. 11. In view of the same, no purpose will be served in keeping the proceedings pending. In the interest of
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NC: 2025:KHC:18077 CRL.P No. 6720 of 2025
justice, criminal proceedings initiated against the petitioner deserves to be quashed. Accordingly, the following:
ORDER
Petition is allowed.
The entire proceeding, as against the petitioner, pending in C.C.No.26961/2022 on the file of XLI Additional Chief Metropolitan Magistrate, Bengaluru (Crime No.102/2022 of Bellandur Police Station, Bengaluru City) is quashed.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB List No.: 4 Sl No.: 72 CT:ar