SRI. MUDASEER YUSUF ALI KHAN v. THE STATE OF KARNATAKA
CRL.P/13029/2024 · 2025-01-22
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35367 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35367 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:2787 CRL.P No. 13029 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 13029 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SRI. MUDASEER YUSUF ALI KHAN S/O SRI FAREED KHAN, AGED ABOUT 41 YEARS, R/AT NO. 143 ARMSTRONG ROAD, NEAR TAHA EDUCATION TRUST, BHARATHINAGAR, BANGALORE 5600
2.
SMT UMME HAJIRA AFSAN, W/O SIKANDER YUSUF AYUB KHAN, AGED ABOUT 47 YEARS
3.
SRI SIJANDR YUSUF AYUB KHAN ALIAS AYUB S/O SRI YUSUF KHAN, AGED ABOUT 55 YEARS, R/AT NO. 9, 12TH CROSS,
CHINNAPPA GARDEN, BENSON TOWN, BANGALORE - 560048 …PETITIONERS (BY SRI. RAJESHWARI M., ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA RETD. BY GOVINDPURA POLICE STATION, REP BY ITS LEARNED STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE - 560001
2.
SMT FOUZIA BHANU, D/O AMJAD PASHA, AGED ABOUT 36 YEARS R/AT NO. 239/34, 11TH D CROSS,
MEHBOOB NAGAR,
GOVINDPUR ARABIC COLLEGE POST,
BANGALORE - 560045 …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1 SMT. BHAVYA V., ADVOCATE FOR R2)
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:2787 CRL.P No. 13029 of 2024
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN (FIR NO.11/2024) C.C.NO.60531/2024, FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A R/W 34 OF IPC, SECTION 3 AND 4 OF D.P. ACT AND 3 AND 4 OF MUSLIM WOMAN PROTECTION OF RIGHTS ON MARRIAGE, PENDING ON THE FILE XI ACMM, MAYO HALL, BANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
“a) Quash the entire proceedings in (FIR No.11/2024), CC No. 60531/2024, for the offence punishable U/s. 498A, R/W 34 of IPC, 3 & 4 of DP Act and 3 & 4 of Muslim Woman Protection of Rights on Marriage pending on the file XI ACMM, Mayo Hall, Bangalore;
b) Grant such other relief or reliefs as this Hon’ble court deems fit, in the interest of justice and equity.”
2.
Learned counsel for the petitioners – accused Nos.1 to 3 and learned counsel for respondent No2 – complainant have filed a Joint Memo duly signed by petitioner No.1, respondent No.2 and their respective counsel and the same is taken on record.
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NC: 2025:KHC:2787 CRL.P No. 13029 of 2024
3. Petitioner No.1 - accused No.1 and respondent No.2 - complainant and their counsel are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:-
“The 1st petitioner and 2nd respondent submits as follows:
1) The 1st petitioner and the 2nd respondent are husband and wife and that, the 2nd respondent has filed a complaint as against the 1st petitioner, sister and brother –in-law , of the 1st petitioner in FIR No. 11/2024 for the offence punishable U/s 498A R/W 34 of IPC 3 and 4 of Muslim Woman protection on Rights of Marriage and the police has filed the charge sheet in C.C.No. 60531/2024 pending on the file of XI ACMM.
2) Both the parties submits that in view of the amicable settlement between the spouses/husband and wife both the parties have agreed to settle their dispute amicably among themselves and accordingly the 2nd respondent has undertaken to withdraw the compliant filed against the petitioner and his family members (Petitioner No. 1 to 3).
3) The 2nd respondent herein/ complainant has agreed to put-forth her signature with a free WILL and WISH without any threat or coercion as the 2nd respondent is agreed to withdraw the complaint and further that, the 2nd respondent has no claims whatsoever either, past, present or future.
4) Since both the parties are living happily the 2nd respondent herein has agreed to withdraw the complaint and
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NC: 2025:KHC:2787 CRL.P No. 13029 of 2024
hence, both the parties have put forth their signatures in the joint memo by stating that, both the parties will live happily without any allegations as against each other.
Therefore, under these circumstances the 1st petitioner and the 2nd respondent herein pray that, this Hon’ble court be pleased to dispose the above petition in terms of Joint Memo, in interest of justice and equity.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) The petition is disposed of in terms of Joint Memo dated 22.01.2025.
(ii) The proceedings in C.C.No.60531/2024 (arising out of Crime No.11/2024 of 1st respondent – Police), pending on the file of XI ACMM, Mayo Hall, Bengaluru, insofar as the petitioners are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
BMC List No.: 1 Sl No.: 70