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2025 DAILYLAW 26804 (KAR)

MOHAMMED SHABAZ ALAM v. STATE OF KARNATAKA

CRL.P/7221/2025 · 2025-05-29

Suraj Govindaraj

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:18437 CRL.P No. 7221 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 29TH DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE SURAJ GOVINDARAJ CRIMINAL PETITION NO. 7221 OF 2025 BETWEEN: 1. MOHAMMED SHABAZ ALAM, S/O. MOHAMMED GHOUSE ALIAS DAULATH AGED ABOUT 31 YEARS, NO.410, 13TH CROSS, ALSHIAF MEDICAL OPPOSITE, ILIYAZ NAGAR, BANASHANKARI, BENGALURU CITY-560070, KARNATAKA. 2. SYEDA ALMAS BANU W/O. MOHAMMED GHOUSE ALIAS DAULATH, AGED ABOUT 65 YEARS, NO.410, 13TH CROSS ALSHIAF MEDICAL OPPOSITE, ILIYAZ NAGAR, BANASHANKARI, BENGALURU CITY-560070, KARNATAKA. 3. MOHAMMED YAHEYA S/O. MOHAMMED GHOUSE ALIAS DAULATH AGED ABOUT 25 YEARS, NO.410, 13TH CROSS ALSHIAF MEDICAL OPPOSITE, ILIYAZ NAGAR, BANASHANKARI, BENGALURU CITY-560070, KARNATAKA. …PETITIONERS (BY SRI. KALEEM SABIR., ADVOCATE) Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18437 CRL.P No. 7221 of 2025 AND: 1. STATE OF KARNATAKA BY J. C. NAGAR PS BENGALURU CITY-560046 REP BY THE LEARNED STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-560001 2. UMME HUDA W/O. MOHAMMED SHABAZ ALAM AGED 19 YEARS, NO. 92, MRR LANE, KALASIPALYA, BENGALURU CITY, KARNATAKA-560002. …RESPONDENTS (BY SMT. WAHEEDA M M, HCGP FOR R1, SMT. LIKITHA M, ADVOCATE ALONG WITH SRI RAKSHITH R, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND FURTHER PROCEEDING IN FIR IN CR.NO.46/2025 OF J.C.NAGAR P.S., BENGALURU CITY, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 118(1), 126(2), 3(5), 351(2), 352 OF THE BNS, 2023, PENDING ON THE FILE OF 8th ACMM COURT, BENGALURU AS AN ABUSE OF PROCESS OF LAW. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ - 3 - HC-KAR NC: 2025:KHC:18437 CRL.P No. 7221 of 2025 ORAL ORDER 1. The petitioners are before this Court seeking following reliefs. "1. To Quash the FIR and further proceeding in F.I.R in Crime No. 46/2025 of J. C. Nagar Police Station, Bengaluru City, for offence under Sections 115(2), 118(1), 126(2), 3(5), 351(2), 352 of THE BHARATIYA NYAYA SANHITA(BNS), 2023, which is now pending on the file of Hon'ble 8th Addl. Chief Metropolitan Magistrates Court, Bengaluru as an abuse of process of law. 2. To grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstance of the case, in the ends of Justice." 2. Petitioner No.1 and respondent No.2 are husband and wife. Petitioner No.2 and 3 are relatives of the petitioner No.1. Certain disputes having arisen on account of the matrimonial relationship, two separate complaints have been filed. One of them being subject matter of Crl.P.No.7218/2025, the same has been disposed of today. The other complaint in Cr.No.46/2025, which is the subject matter of the above proceedings. In view of the settlement, which has been arrived at in Crl.P.No.7218/2025, the same would also enure to the benefit of the parties in the present matter. As such, I proceed to pass the following: - 4 - HC-KAR NC: 2025:KHC:18437 CRL.P No. 7221 of 2025 ORDER (i) Criminal petition is allowed. (ii) FIR in Cr.No.46/2025 registered by J.C.Nagar Police Station, Bengaluru City for the offences punishable under Sections 115(2), 118(1), 126(2), 3(5), 351(2), 352 of Bharatiya Nyaya Sanhita, 2023, pending on the file of 8th Additional Chief Metropolitan Magistrate Court, Bengaluru, is hereby quashed. SD/- (SURAJ GOVINDARAJ) JUDGE BH List No.: 3 Sl No.: 66