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2025 DAILYLAW 33620 (KAR)

IMTIYAZ AHMED v. STATE OF KARNATAKA

CRL.P/10657/2023 · 2025-06-05

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:19002 CRL.P No. 10657 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 10657 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. IMTIYAZ AHMED S/O RAHIM SAHEB, AGED ABOUT 65 YEARS, R/AT 63-C, 6TH FLOOR, CITY LIGHTS LIBERTY BUILDING, BELLANDUR OUTER RING ROAD, BANGALORE-560103. 2. SMT. TABASSUM ARA W/O IMTIYAZ AHMED AGED ABOUT 65 YEARS, R/AT 63-C, 6TH FLOOR, CITY LIGHTS LIBERTY BUILDING, BELLANDUR OUTER RING ROAD, BANGALORE-560103. …PETITIONERS (BY SRI. SOFIYA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BELLANDURU POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-560001. Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19002 CRL.P No. 10657 of 2023 2. SMT. AFSHAN W/O FARAZ AHMED, AGED ABOUT 33 YEARS R/AT 32, BRUNDAVANA APATMENT, 9TH CROSS, HMT LAYOUT, VV NAGAR, RT NAGAR, BANGALORE-560032. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH, HCGP FOR R1; SRI.MIRZA FAIZAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO 1) QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.26961/2022, ARISING OUT OF CR.NO.102/2022 OF BELLANDURU POLICE STATION, NOW PENDING ON THE FILE OF XLI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE ARISING OUT OF CR.NO.102/2022 OF RESPONDENT NO.1 BELLANDURU POLICE STATION FOR THE OFFENCES P/U/S 498(A), 504 R/W SEC. 34 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, (DP ACT)(ANNEXURE-A) AND 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 Petitioners/accused Nos.2 and 3, respondent No.2 and their respective counsel and learned High Court Government Pleader for respondent No.1 are present. - 3 - HC-KAR NC: 2025:KHC:19002 CRL.P No. 10657 of 2023 2. A joint memo of compromise under Section 320 r/w 482 Cr.P.C, duly signed by both petitioners/accused Nos.2 and 3 and respondent No.2 and their respective counsel is filed. It is supported by joint affidavit of the petitioners/accused Nos.2 and 3 and respondent No.2. The terms and conditions of the joint memo reads thus: "1. The 2nd Respondent and the Accused No.1 got married on 17.08.2013 as per the Muslim religious and customs and same was an arranged marriage. 2. It is submitted that, there arose matrimonial dispute between the Accused No.1 and the 2nd Respondent and the 2nd Respondent filed a complaint before the 1st Respondent Police, which registered FIR in Crime No. 102/2022 and after completing investigation, filed charge sheet and the Trial court below has taken cognizance of the offences punishable under Sections 498 (A), 506 r/w Section 34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act in C.C.No 26961/2022, now pending on the file of XLI Additional Chief Judicial Magistrate. 3. It is submitted that, above Petition has been filed by the Petitioners seeking to quash the entire criminal case and Chargesheet in C.C.No 26961/2022, on the file of XLI Additional Chief Judicial Magistrate, for the offences punishable under Sections 498 (A), 506 r/w Section 34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act. 4. It is submitted that, during the pendency of the case, the Accused No.1 and the 2nd Respondent have compromised and entered into a settlement - 4 - HC-KAR NC: 2025:KHC:19002 CRL.P No. 10657 of 2023 agreement before Karnataka Mediation Centre in G and WC No.34/2022 and as per the terms of compromise, the criminal case is required to be closed. 5. It is further submitted that, as per the compromise, the Criminal Case is required to be closed and hence, filing this present joint memo along with affidavits of the Petitioners and the 2nd Respondent along with their identity proofs/Aadhar Card, seeking indulgence of this Hon'ble Court in closure of the case by way of quashing of same in view of the compromise between myself and the Accused No.1 and these petitioners. 6. It is submitted that, pursuant to compromise between Accused No.1 and Respondent No.2, Respondent No.2 has already given her no objection towards quashing of the case in Crl P No. 6720/2025, which petition is allowed vide order of this Hon'ble Court dated 02.05.2025. WHEREFORE, it is prayed that, this Hon'ble Court may be pleased allow the petition in terms of the settlement between the parties, and quash the entire proceedings and Criminal Case in C.C.No 26961/2022 (arising out of FIR in Crime No. 102/2022) for the offense punishable under Sections 498 (A), 506 r/w Section 34 of the Indian Penal Code and Sections 3 & 4 of the Dowry Prohibition Act, pending on the file of XLI Additional Chief Judicial Magistrate, Bangalore, in the interest of justice and equity." 3. Respondent No.2 admit the compromise and submits that she has no objection to allow the petition and quash the criminal proceedings initiated against petitioners/accused Nos.2 and 3. The terms and conditions - 5 - HC-KAR NC: 2025:KHC:19002 CRL.P No. 10657 of 2023 of compromise petition are legal and equitable. The same is accepted and accordingly, following: ORDER (i) The petition filed under Section 482 Cr.P.C is allowed. (ii) The criminal proceedings in C.C.No.26961/2022 on the file of XLI Addl.Chief Metropolitan Magistrate, Bengaluru arising out of Cr.No.102/2022 of Bellanduru Police, is hereby quashed Sd/- (J.M.KHAZI) JUDGE RR List No.: 1 Sl No.: 53