- 1 - HC-KAR NC: 2025:KHC:24345 CRL.P No. 7937 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 7937 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI MAHATHEER MOHAMMED M K @ MEHATHU AGED 31 YEARS S/O. MOHAMMED KHAJA R/AT NO. 401, 4TH FLOOR PALACE APARTMENTS SARIAPALYA, THANISANDRA MAIN ROAD BENGALURU - 560 077 ADDRESS AS PER THE F.I.R NO. 76/7, 17TH E CROSS, 16TH MAIN ROAD N S PALYA, BTM LAYOUT II STAGE BENGALURU CITY - 560 076 …PETITIONER (BY SRI. PALLAVA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY EAST ZONE WOMEN PS SHIVAJI NAGAR, BENGALURU CITY-560051 REP. BY LEARNED S.P.P HIGH COURT OF KARNTAKA BENGALURU - 560001 2. SMT. BIBI KHUTEJA MAJOR (AGE NOT KNOWN TO THE PETITIONER) W/O. MUDASSIR PASHA Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24345 CRL.P No. 7937 of 2023 ADDRESS AS PER THE F.I.R NO. 41, 7TH CROSS S R NAGAR, DAIRY CIRCLE BANNERGHATTA ROAD BENGALURU CITY - 560 030 ADDRESS AS PER THE COMPLAINT 16TH MAIN ROAD, N S PALYA BTM LAYOUT, NEAR KAVYA PACKAGING BENGALURU - 560 076 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH., HCGP FOR R-1; R-2 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER Section 482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.111/2023 REGISTERED BY THE Ist RESPONDENT EAST ZONE WOMEN P.S., AS AGAINST THIS PETITIONER BY ARRAYING HIM AS ACCUSED NO.5 FOR THE OFFENCE PUNISHABLE UNDER Section 498-A,323,504,506 READ WITH Section 34 OF IPC AND UNDER Section 3,4 OF DP ACT 1961 ON THE FILE OF VI ACMM, BENGALURU WHICH IS GIVEN HEREIN AT ANNEXURE A, ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER Petitioner who is arraigned as accused No.5 has filed this petition under Section 482 of the Code of Criminal Procedure, seeking quashing of criminal proceedings initiated against him in Cr.No.111/2023 of - 3 - HC-KAR NC: 2025:KHC:24345 CRL.P No. 7937 of 2023 the East Zone Women PS for the offences punishable 498A, 323, 504, 506, r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. 2. In support of the petition, the petitioner has contended that petitioner is the cousin of accused No.1 Muddassirpasha. The marriage of accused No.1 and respondent No.2/complainant was solemnized on 12.01.2023 at Bengaluru. Petitioner attended the said marriage. Except this he has nothing to do with their matrimonial life. He is residing elsewhere. Such being the case, unnecessarily he is implicated. There are no specific allegation against the petitioner. He is working in a reputed German based private company M/s.Manna+humme L which is company involved in manufacture of filtration. With malafide intention he is implicated. Continuation of the proceedings would amount to abuse of the process of the Court and hence the petition. - 4 - HC-KAR NC: 2025:KHC:24345 CRL.P No. 7937 of 2023 3. On the other hand learned HCGP submitted that the marriage of accused No.1 and respondent No.2 was celebrated on 12.01.2023. On very next date of marriage she was hit by accused No.1. Her mother in law told her to convince her father to transfer his property in the name of accused No.1 and start business and hand it over to accused No.1. Even when she was pregnant she was ill- treated. Accused No.1 is in the habit of disclosing their confidential matter of the bedroom to his friends and family. He went to the extent of saying that he is not the father of the child. He was not providing sufficient provisions to run the family and chew pan parag and spray the fumes on her face. He used to abuse and a make video record and blackmailing her. He used to take money from her for petrol. They used to challenge that if complaint is filed they will get accused No.1 released on bail even by spending of Rs.10-20 lakhs. They have taken away her jewels. Accused No.1 tried to kill respondent No.2, 3-4 times. He used to tell family members of respondent No.2 - 5 - HC-KAR NC: 2025:KHC:24345 CRL.P No. 7937 of 2023 that she is not keeping him happy. At the marriage 15-20 lakhs were spent and gold ornaments, motor bike, watch, finger ring were given to accused No.1. Similarly gold ornament were given to respondent No.2. Based on the complaint concerned policed registered the case and taken up investigation. Matter requires thorough investigation and prayed to dismiss the petition. 4. Heard arguments and perused the record. 5. Thus petitioner who is arraigned as accused No.5 is seeking quashing of criminal proceedings against him on the ground that except the fact that he is the cousin of accused No.1,he has nothing to do with the allegations made in the complainant. Unnecessarily he has been implicated. 6. From the complainant averments it is evident that the marriage of accused No.1 and respondent No.2 was celebrated on 12.01.2023. Serious allegation have been made by complainant against accused No.1 and his immediate family members. However, petitioner who is a - 6 - HC-KAR NC: 2025:KHC:24345 CRL.P No. 7937 of 2023 cousin of accused No.1 is not residing with him and there are no allegation against him. In the complaint, the complainant has specified that the accused No.1 to 6 which includes the petitioner and broker. However, there are no allegation against the petitioner, but the concerned police have arraigned all of them are accused. Since the petitioner is not residing with accused No.1 and 2 and there are no specific allegation against him, this court of the considered opinion that continuation of the proceedings against him would amount to abuse of the process of the Court and it required to be quashed and accordingly, the following: ORDER (i) Petition filed by petitioner/accused No.5 under Section 482 of Cr.P.C is hereby allowed. (ii) The criminal proceedings against petitioner/accused No.5, in Cr.No.111/2023 registered by East Zone - 7 - HC-KAR NC: 2025:KHC:24345 CRL.P No. 7937 of 2023 Women P.S, on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial court through e-mail. In view of disposal of the petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE ASN List No.: 1 Sl No.: 39