SHRI. SYED AHAMED HUSSAIN HAKEEM v. STATE OF KARNATAKA
CRL.P/157/2025 · 2025-01-24
S R Krishna Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36338 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36338 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:3257 CRL.P No. 157 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 157 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN:
1.
SHRI. SYED AHAMED HUSSAIN HAKEEM S/O SYED ABDUL HAKEEM AGED ABOUT 35 YEARS, RESIDING AT NEW NO.4
KUMARSAMY STREET ANNASALAI, CHENNAI TAMIL NADU-60000.
2.
SHRI SYED ABDUL HAKEEM S/O SYED ABDUL HAKEEM AGED ABOUT 68 YEARS, RESIDING AT NEW NO.4
KUMARSAMY STREET ANNASALAI, CHENNAI TAMIL NADU-60000.
3.
SMT HUSNARA BEGUM D/O SYED ABDUL HAKEEM AGED ABOUT 33 YEARS, RESIDING AT NEW NO.4
KUMARSAMY STREET ANNASALAI, CHENNAI TAMIL NADU-60000.
4.
SHRI MOHAMMED AASHIQ M AGED 37 YEARS, S/O A M MOHAMMED ALI RESIDING AT NO.19/75 JEEVAN BHIMA NAGAR ANNA NAGAR, WESTERN EXTENSION TRIVULLUR, TAMIL NADU-600 101.
5.
SMT. MAHAJABEENA ASIF K AGED 63 YEARS, S/O A M MOHAMMED ALI RESIDING AT NO.94/1-1 INFANTRY ROAD, SHIVAJI NAGAR,
Digitally signed by LEELAVATHI S R Location: High Court of Karnataka
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NC: 2025:KHC:3257 CRL.P No. 157 of 2025
BEHIND KARNATAKA BANK BANGALORE-560 001.
6.
SHRI MOHAMMED ASIF K AGED 63 YEARS, S/O M. ABDUL KHADER RESIDING AT NO.94/1-1 INFANTRY ROAD, SHIVAJI NAGAR BEHIND KARNATAKA BANK BANGALORE-560 001. …PETITIONERS (BY SRI. SHAHNAWAZ M. MAMADAPUR.,ADVOCATE) AND:
1.
STATE OF KARNATAKA BY SOUTH EAST WOMEN POLICE STATION, MADIVALA SUB DIVISION BANGALORE-560 030.
REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 001.
2.
SMT SADIYA FARHEEN W/O SYED AHAMED HUSSAIN HAKEEM D/O M N NAYEEM AGED YEARS, R/O NO.-7, 1ST FLOOR, K R NANJAPPA LAYOUT, OPP NAAYANA E TECHNO SCHOOL KORAMANGALA, 8TH BLOCK BANGALORE-560 095. …RESPONDENTS
(BY SRI. VINAY MAHADEVAIAH, HCGP FOR R-1 SRI. GANESH KUMAR.R., ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED 08.08.2024 IN CRIME NO.0062/2024 (ANNEXURE-A) AND THE PROCEEDINGS IN CR.C.NO.34465/2024 ON THE FILE OF THE HON’BLE XXXIX ADDL. METROPOLITAN MAGISTRATE, BANGALORE ALONG WITH THE CHARGESHEET FILED IN CR.NO.0062/2024 (ANNEXURE-D).
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
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NC: 2025:KHC:3257 CRL.P No. 157 of 2025
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
“WHEREFORE, the Petitioners pray that this Hon’ble Court may be pleased to quash the First information Report dated 08.08.2024 in Crime No.0062/2024 (Annexure-A) and the proceedings in Criminal Case No.34465/2024 on the file of the Hon’ble XXXIX Additional Metropolitan Magistrate, Bangalore along with the Charge Sheet filed in Crime No.0062/2024 (Annexure-D) and grant such other or further relief / reliefs as this Hon’ble Court may deem fit in the circumstances of the case.”
2.
Learned counsel for the petitioners – accused Nos.1 to 6 and learned counsel for 2nd respondent – complainant have filed a Joint Memo dated 24.01.2025 duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record.
3. Petitioners – accused Nos.1 to 6 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:-
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NC: 2025:KHC:3257 CRL.P No. 157 of 2025
JOINT MEMO
“1. The above-named Petitioner No.1 and Respondent No.2 submits before this Honorable Court that they have settled the dispute between themselves and hence they have mutually decided to get released mutually from each other by ending their marriage mutually solemnized on 01.11.2020 by way of Mubaratanama duly executed by them on 21.01.2025. The copy of the Mubaratanama dated 21.01.2025 is produced herewith as Document No.1.
2. The Respondent No.2 has no objection to allow the top noted petition and to close the criminal case in CC.No.34465/2024against the Petitioners pending before the Hon’ble 39th Additional Chief Metropolitan Magistrate, Bengaluru, in the interests of justice and equity.
3. That as the Petitioner No.1 and Respondent No.2 herein have mutually not released from each other from their wedlock and their marriage solemnized on 01.11.2020 at Chandrodaya Convention Center, Bannergatta Road, Bengaluru – 560029 as per the rites, rituals and customs of Mohammedan Law / Law of Shariyat and got annulled by way of Mubaratanama, as per the norms prescribed under the personal law / shariyat law.
4. That both the parties hereby agree that they have no claim and complaint whatsoever against each other and that they have executed the Mubaratanama dated 21.01.2025 with their free will and having full sound of mind, without any force, coercion, duress or undue influence from any quarters or from anybody.”
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NC: 2025:KHC:3257 CRL.P No. 157 of 2025
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) Petition is disposed of in terms of the Joint Memo dated 20.01.2025.
(ii) The impugned proceedings in C.C.No.34465/2024 (arising out of Crime No.62/2024 of 1st respondent – Police) registered for the offences punishable under Sections 498-A, 420, 506, 323, 504 r/w 34 of IPC, pending on the file of 39th Addl.CMM, Nrupathunga Road, Bangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE
Srl. List No.: 4 Sl No.: 10