Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39235 CRL.P No. 4935 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 4935 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
SMT AJIMA TAJ W/O LATE AJAZ AHMED AGED ABOUT 62 YEARS R/AT NO.56, SADIQ LAYOUT, ASHWATH NAGAR, 2ND STAGE, THANISANDRA MAIN ROAD, DR SRK NAGAR POST BANGALORE- 560 077.
2.
SMT NASREEN TAJ W/O ZAMEER AHMED AGED ABOUT 33 YEARS
3.
SRI ZAMEER AHMED S/O SHAIK AMANULLA AGED ABOUT 32 YEARS
PETITIONER NO.2 AND 3 ARE R/AT NO.141, 6TH CROSS, KURU MARIYAMMA LAYOUT ARABIC COLLEGE BANGALORE
4.
SMT SEEMA TAJ W/O NADIM PASHA AGED ABOUT 25 YEARS R/AT NIMRA MASJID COFFEE BOARD COLONY D J HALLI, BANGALORE- 560 084.
Digitally signed by LAKSHMINARAYAN N Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39235 CRL.P No. 4935 of 2023
5.
SRI NAWAZ AHMED S/O LATE AJAZ AHMED AGED ABOUT 42 YEARS
6.
SMT YASIM TAJ W/O NAWAZ AHMED AGED ABOUT 36 YEARS
PETITIONER NO.5 AND 6 ARE R/AT NO.12, 1ST CROSS, ASHWATH NAGAR, 2ND STAGE, THANISANDRA MAIN ROAD, 1ST BLOCK, BANGALORE- 560077. …PETITIONERS (BY SRI. GOVARDHAN REDDY.J.S., ADVOCATE FOR SRI. CHAND PASHA, ADVOCATE)
AND:
1.
STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION REP BY SPP HIGH COURT OF KARNATAKA BANGALORE-560 002
2.
SMT ZAIBA SIDDIQA W/O FAYAZ AHMED, AGED ABOUT 29 YEARS R/AT NO.31, 1ST CROSS, NEAR MAMATA CLINIC SADIQ LAYOUT, SARAI PAYA BANGALORE-560 077 …RESPONDENTS (BY SRI. B.LAKSHMAN, HCGP FOR R1;
SRI. SPARSH SHETTY, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE CHARGE SHEET IN C.C.16918/2021 FILED BY THE 1ST RESPONDENT AT ANNEXURE-C AND ETC.
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HC-KAR NC: 2025:KHC:39235 CRL.P No. 4935 of 2023
THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER Since, Sri Chand Pasha, learned counsel has filed NOC vakalath for the petitioners, office is directed to delete the name of Sri Shaik Ismail Zabiulla, learned counsel, who was representing the petitioners. 2. Sri Sparsh Shetty, learned counsel has filed vakalath for respondent No.2. 3. Petitioner Nos.1 to 6 and respondent No.2 as well as their respective counsels are present. 4. This petition is filed by accused Nos.2 to 7 under Section 482 of Cr.P.C to quash all further proceedings in C.C.No.16918/2021, for the offences punishable 498-A, 504 r/w Section 34 of I.P.C and Sections 3 and 4 of the Dowry Prohibition Act pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru. - 4 -
HC-KAR NC: 2025:KHC:39235 CRL.P No. 4935 of 2023
5. Application under Section 320 of Cr.P.C., is filed in the form of compromise petition supported by joint affidavit duly singed by accused Nos.2 to 7 and respondent No.2/complainant. 6. The terms and conditions of settlement arrived at between the parties reads as under:
"JOINT AFFIDAVIT I, Smt. Zaiba Siddiqa, W/o Fayaz Ahmed, Aged about 31 years, Residing at No.31, 1st Cross, near Mamata clinic, Sadiq layout, Sarai Palya, Bengaluru 560 077 do hereby solemnly affirm and state on oath as follows:
1. I state that I am the Respondent no.2 in the above- mentioned criminal petition. 2. I state that Petitioners herein along with myself are filing this joint Affidavit as follows. 3. I state that this criminal petition was filed to quash the charge sheet in CC.No.16918/2021 filed by the 1st respondent and consequently quash all further proceedings in C.C. No. 16918/2021 for the offences under section 498-A, 504 r/w 34 IPC and also under section 3 & 4 of the Dowry Prohibition Act, pending on the file of XI Additional Chief Metropolitan Magistrate Court, Bengaluru, in the interest of justice and equity. - 5 -
HC-KAR NC: 2025:KHC:39235 CRL.P No. 4935 of 2023
4. I state that the Petitioner No.1 is my mother in law, Petitioner No.2 is my sister in law, Petitioner No.3 is the husband of Petitioner No.2, Petitioner No.4 is my younger sister in law, Petitioner No.5 is my elder brother in law and Petitioner No.6 is wife of my elder brother in law. 5.
I state that during the pendency of the aforesaid proceedings, in the interest of the welfare of our child and upon the intervention of well-wishers and family members of both parties, I have decided to rejoin my husband and we have mutually agreed to settle the matter amicably. 6. I undertake to withdraw the proceedings initiated by me under section 12 of the Protection of Woman from Domestic Violence Act against my husband in Crl Misc No.186/2021 and proceedings under section 31 of the Protection of Woman from Domestic Violence Act in Crl Misc No.230/2022, pending on the file of Metropolitan Magistrate Traffic Court-I at Mayohall, Bangalore. 7. I undertake that neither myself, i.e Respondent No.2 nor or any of the family members would not file any other case or claim or initiate any proceedings against the petitioners herein and in the same Petitioners shall withdraw all the pending cases against me if any and shall not file any other case or claim or initiate any proceedings in respect of the subject matter. - 6 -
HC-KAR NC: 2025:KHC:39235 CRL.P No. 4935 of 2023
8. I state that I have no objection to the case being compounded and consequently quashed as the Petitioners herein have amicably settled the matter. WHEREFORE, having settled the matter the Petitioners and I myself, pray that this Hon'ble Court maybe pleased to permit us to compound the instant case and consequently quash the criminal petition was filed to quash the charge sheet in CC. No. 16918/2021 filed by the 1st respondent and consequently quash all further proceedings in C.C. No. 16918/2021 for the offences under section 498-A, 504 r/w 34 IPC and also under section 3 & 4 of the Dowry Prohibition Act, pending on the file of XI Additional Chief Metropolitan Magistrate Court, Bengaluru, in the interest of justice and equity”. 7.
Respondent No.2/complainant admit the compromise and submits that she and her husband/accused No.1 are reunited, she further submits that she has no objections to allow the petition. The terms and conditions of joint affidavit are legal and equitable. The same is accepted. Accordingly I.A.No.1/2025 is allowed. Consequently, the petition is allowed, accordingly the following:
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HC-KAR NC: 2025:KHC:39235 CRL.P No. 4935 of 2023
ORDER (i) The petition filed by the petitioners/accused Nos.2 to 7 under Section 482 of Cr.P.C, is allowed. (ii) The entire proceedings in C.C.No.16918/2021 on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith.
In view of disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required.
Sd/- (J.M.KHAZI) JUDGE
KBM List No.: 1 Sl No.: 32