- 1 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 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. 7218 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. SYED ALAMS 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. SANIYA, D/O. MOHAMMED GHOUSE ALIAS DAULATH, AGED ABOUT 28 YEARS, NO.410, 13TH CROSS, ALSHIAF MEDICAL OPPOSITE, ILIYAZ NAGAR, BANASHANKARI, BENGALURU CITY-560070, KARNATAKA. Digitally signed by SHWETHA RAGHAVENDRA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 of 2025 4. YAHIYA, 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) AND: 1. STATE OF KARNATAKA, BY SOUTH WOMEN POLICE STATION, BENGALURU CITY- 560070. 2. UMME HUDA, W/O. MOHAMMED SHABAZ ALAM, NO. 92, MRR LANE, KALASIPALYA, BENGALURU CITY, KARNATAKA-560002. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R-1, SMT.LIKITHA M., ADV. FOR SRI. RAKSHITH R. ADV. FOR R-2) CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR AND FURTHER PROCEEDINGS IN FIR IN CRIME NO.42/2025 OF SOUTH WOMEN POLICE STATION, BENGALURU CITY FOR OFFENCE U/S 85, 115(2), 352, 351(2), 351(3), 3(5) OF THE BHARATIYA NYAYA SANHITA 2023 R/W SECTIONS 3 AND 4 OF - 3 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 of 2025 THE DOWRY PROHIBITION ACT, 1961 WHICH IS NOW PENDING ON THE FILE OF 37TH ADDL.CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU AS AN ABUSE OF PROCESS OF LAW AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE SURAJ GOVINDARAJ ORAL ORDER 1. Petitioners are before this Court seeking for the following reliefs. "1. To Quash the FIR and further proceeding in F.I.R in Crime No. 42/2025 of South Women Police Station, Bengaluru City, for offence under Sections 85, 115(2), 352, 351(2), 351(3), 3(5), of THE BHARATIYA NYAYA SANHITA(BNS), 2023, R/w. Sections 3 and 4 of the DOWRY PROHIBITION ACT, 1961 which is now pending on the file of 37th Addl. Chief Metropolitan Magistrate 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. The proceedings that have been initiated by respondent No.2 against the petitioners on the basis of the allegations made by respondent No.2 for the offences punishable under Sections 85, 115(2), 352, 351(2), - 4 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 of 2025 351(3), 3(5) of the Bharatiya Nyaya Sanhita (for short 'BNS'), 2023 R/w Sections 3 and 4 of Dowry Prohibition of Act, 1961. 3. During the pendency of the above matter, petitioners and respondent No.2 have resolved the dispute among themselves. An application under Section 359 R/w Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 has been filed, which has been accompanied by a joint affidavit filed by all the petitioners and respondent No.2. The application reads as under: "1. The Petitioner. No.1 to 4 and Respondent. No.2 have amicably arrived for a settlement with regard to the complaint given by the Respondent No.2 before respondent No. 1. 2. It is submitted that the Respondent No.1 registered FIR in Crime.No.42/2025 of South Women Police Station, Bengaluru City, for offences under Sections 85, 115(2), 352, 351(2), 351(3), 3(5), of THE BHARATIYA NYAYA SANHITA(BNS), 2023, R/w. Sections 3 and 4 of the DOWRY PROHIBITION ACT, 1961, which is now pending on the file of 37th Addl. Chief Metropolitan Magistrates Court, Bengaluru. 3. It is alleged in the complaint that the Complainant married Mohammed Shabaz Alam i.e. the Petitioner No. 1/Accused No.1 on 26-07-2024 as per Muslim customs at Palace Maidan, Bangalore. At the time of marriage the Complainant alleges that her father gave Rs. 30,00,000/- (Thirty Lakh Rupees), 750 grams of gold jewelry, 25 pairs of clothes, 10 pairs of shoes, 1 Royal N Field two-wheeler, household items - 5 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 of 2025 and spent around 2.5 Crores on the demand of the husband. 4. It is further alleged that the Complainant started living with her husband's family in Illyaz Nagar, after marriage and was well taken care off by her husband and in-laws for the 1st month after marriage. However the Complainant alleges that she was mentally and physically abused in the following days and her husband (Petitioner No. 1/ Accused No. 1) would stay at home without work. 5. It is further alleged by the Complainant that her husband kept harassing her, thereafter the Complainant's father gave her husband 13,40,000/- (Thirteen Lakh forty thousand Rupees) once and 5,00,000/-(Five Lakh Rupees) after one month of the marriage in order to do business. It is further submitted by the Complainant that her husband and mother-in-law would pick fights with her for small matters while she was pregnant. On the occasion of a relatives wedding when she asked her husband for her jewelry, he only gave some of it and proceeded to click pictures of it and stated that he had given all her gold back to her. 6. It is further alleged by the complainant that she left her husband's house and came to her parent's home on 12-01-2025 for the future of the child in her womb and unable to bear the harassment and never returned back to home. 7. It is now submitted that the petitioner No. 1 to 3 and Respondent No.2 have mutually agreed to compromise the offences alleged in the FIR in crime No. 46/2025 of South Women Police Station, Bengaluru City, for offences 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 the Hon'ble 8th Addl. Chief Metropolitan Magistrates Court, Bengaluru. 8. The respondent.No.2 and petitioners have decided to Full and final settlement the matter for a total amount of Rs-60,00,000 ( Sixty lakhs rupees only) and Rs-30,00,000) (Thirty lakhs rupees only) the - 6 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 of 2025 petitioner.No.1 have already transferred through RTGS.No. BARBR520250-52300990300 and BARBR520250-52300990356 9. The remaining amount of Rs-30,00,000) (Thirty lakhs rupees only) be will given to respondent No.2 On 20-06-2025 and get mutually divorced and respondent. No.2 will have no claim in future for any anything against petitioner No.1. 10. Now the respondent with her own accord has come forward to compound the offences alleged against the petitioners No.1 to 4 consequently, the respondent No.2 is consenting for quashing of the proceedings against the petitioners in crime No.42/2025 of south women police station, Bengaluru city for offences under sections 85, 115(2), 352, 351(2), 351(3), 3(5), of THE BHARATIYA NYAYA SANTHITA (BNS), 2023, R/W SECTITION 3 AND 4 OF THE DOWRY PROHIBITION ACT, 1961, which is now pending on the file of 37th ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, BENGALURU, to secure ends of justice." 4. Respondent No.2 is personally present before this Court. So also all the petitioners are present before this Court in-person and are identified by their respective counsels. On enquiry with respondent No.2, she submits that petitioner No.1 and respondent No.2 have agreed for dissolution of their marriage and appropriate proceedings are going to be final in relation thereto within 10 days from today. - 7 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 of 2025 5. Respondent No.2 acknowledges having received a sum of Rs.30,00,000/- by bank transfer on 23.05.2025. She submits that further amount of Rs.30,00,000/- has been agreed to be paid by petitioner No.1 to respondent No.2 on a divorce being granted. 6. Petitioner No.1, who is present before this Court undertakes that he will comply with the said undertaking and the said amount would be paid simultaneous with the orders of divorce being passed in the proceedings to be filed. 7. The said statement is taken on record. 8. In view of the settlement of the dispute between the husband and wife, the allegations made having arisen out of matrimonial relationship between them, the other family members are in made as parties as accused in the said proceedings, the dispute between the parties have been resolved, I proceed to pass the following: ORDER (i) The criminal petition is allowed. (ii) FIR in Cr.No.42/2025 registered by the South Women PS, Bangalore City for the offences - 8 - HC-KAR NC: 2025:KHC:18438 CRL.P No. 7218 of 2025 punishable under Sections 85, 115(2), 352, 351(2), 351(3), 3(5) of the Bharatiya Nyaya Sanhita (for short 'BNS'), 2023 R/w Section 3 and 4 of Dowry Prohibition of Act, 1961 is quashed subject to the payments being made as afore indicated. (iii) Liberty is however, reserved to respondent No.2 to revive the proceedings that the payments are not made. SD/- (SURAJ GOVINDARAJ) JUDGE BH List No.: 2 Sl No.: 70