Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:1544 CRL.P No. 12862 of 2024 C/W CRL.P No. 13427 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 12862 OF 2024 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 13427 OF 2023
IN CRL.P No. 12862/2024
BETWEEN:
MOHAMMED RAMEEZ, AGED ABOUT 30 YEARS, S/O K P USMAN, NO.1-171/1, KUKKAVU HOUSE, MITHABAGILU, DAKSHINA KANNADA, KAARNATAKA – 574 214. …PETITIONER (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)
AND:
1. WOMENS POLICE STATION, NAER RTO OFFICE, PANDESHWAR, MANGALURU – 575 001. 2. SMT FARIDA JASMINE, 3-2908, J R COTTAGE,
THIPPE PADAVU, KONAJE,
MANJANADI, MANGALURU CITY,
KARNATAK – 574 237. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1 SRI. AFWAN B., ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR AND THE CHARGE SHEET REGISTERED BY MANGALURU WOMEN P.S., IN CRIME NO.76/2023 FOR THE OFFENCE P/US/ 498-A, 505 AND 34 OF IPC AND SEC.4 OF MUSLIM WOMEN PROTECTION OF RIGHTS
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:1544 CRL.P No. 12862 of 2024 C/W CRL.P No. 13427 of 2023
ON MARRIAGE ACT 2019 AND SAME IS GOT NUMBERED AS C.C.NO.4055/2023 WHICH IS PENDING IN THE 3rd JMFC AT MANGALURU D.K.
IN CRL.P NO. 13427/2023
BETWEEN:
1. K P USMAN S/O LATE B S FAKRUDDEEN, AGED ABOUT 56 YEARS, R/AT NO.1-171/1, KUKKAVU HOUSE, MITHABAGILUM, DAKSHINA KANNADA,
KARNATAKA – 574 214
2. K U FATHIMATH RUMAIZA W/O MOHAMMAD MUSTHAFA AGED ABOUT 25 YEARS R/AT 4-78(1), MUDDIGE HOUSE, ARASINAMAKKI, KODDADA, DAKSHINA KANNADA - 574198
3. AYISHATH RAMZEENA K U W/O HAMZA IRFAN B, AGED ABOUT 24 YEARS, COMPOUND, SANJAYANAGAR,
COURT ROAD, BELTHANGADY TALUK, DAKSHINA KANNADA - 574214 ...PETITIONERS (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)
AND:
1. WOMEN’S POLICE STATION, NEAR RTO OFFICE, PANDESHWAR,
MANGALURU - 575001
2. SMT FARIDA JASMINE
AGED ABOUT 23 YEARS, 3-2908, J R COTTAGE, THIPPE PADAVU, KONAJE, MANJANADI, MANGALURU CITY, KARNATAKA-574237 ...RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL.
SPP FOR R1 SRI AFWAN B., ADVOCATE FOR R2)
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NC: 2025:KHC:1544 CRL.P No. 12862 of 2024 C/W CRL.P No. 13427 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE FIR AND THE COMPLAINT REGISTERED IN CR.NO.76/2023 FOR THE OFFENCE P/U/S 498A, 506, 34 OF IPC OF MANGALURU WOMEN P.S. AND SEC.4 OF MUSLIM WOMEN’S PROTECTION OF RIGHTS ON MARRIAGE ACT OF 2019 WHICH IS PENDING IN THE 3RD J.M.F.C AT MANGALURU D.K.
THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
Crl.P.No.12862/2024 is filed by the petitioner - accused No.1 and Crl.P.No.13427/2023 is filed by the petitioners - accused Nos.2 to 4, seeking quashing of the FIR in Crime No.76/2023 registered by the 1st respondent – Police for the alleged offences punishable under Sections 498-A, 506, 34 of IPC and under Section 4 of the Muslim Women’s Protection of Rights on Marriage Act, 2019, pending on the file of III JMFC Court, Mangalore, Dakshina Kannada District.
2. Learned counsel for the 2nd respondent – complainant has filed a common Memo dated 15.01.2025 accompanied by the Affidavit of 2nd respondent and both are taken on record. Both the
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NC: 2025:KHC:1544 CRL.P No. 12862 of 2024 C/W CRL.P No. 13427 of 2023
learned counsel for petitioners and learned counsel for 2nd respondent identifies the 2nd respondent – complainant.
3. Respondent No.2 – complainant is physically present before the Court and she admits the contents of the aforesaid Memo, which reads as under:-
“…Undersigned Counsel for Respondent no.2 most respectfully submits as follows :- It is submitted that the case between petitioners, Husband and in laws of this respondent is settled amicably hence further continuance of the proceedings therein resulting out of the Crime No.76/2023 would amount hardship to petitioners and the this Respondent considering the same this court may please to allow the Respondent no.2 to close the case filed against the Husband and her in laws (Petitioners) in the interest of justice and equity…”
4. In view of the aforesaid settlement entered into between the petitioners-accused in both the petitions and 2nd respondent-complainant , I pass the following:
ORDER
(i) Both the petitions are hereby allowed and disposed of in terms of the Memo dated 15.01.2025.
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NC: 2025:KHC:1544 CRL.P No. 12862 of 2024 C/W CRL.P No. 13427 of 2023
(ii) All further proceedings in C.C.No.4055/2023 arising out of FIR in Crime No.76/2023 registered by the 1st respondent – Police, pending on the file of III JMFC Court, Mangalore, against the petitioners-accused Nos. 1 to 4 respectively in both the petitions are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl. List No.: 1 Sl No.: 136