Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 39337 (KAR)

MR. FAYAZ AHMED v. STATE OF KARNATAKA

CRL.P/13655/2025 · 2025-09-25

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:38970 CRL.P No. 13655 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13655 OF 2025 BETWEEN: MR. FAYAZ AHMED S/O LATE AJAZ AHMED, AGED ABOUT 38 YEARS, RESIDING AT NO. 8082, 1ST FLOOR, 2ND MAIN, THANISANDRA MAIN ROAD, NEAR MARUTHI HOUSE, THANISANDRA, BANGALORE - 560 077 …PETITIONER (BY SRI. CHAND PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION REPRESENTED 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 BANGALORE - 560 077. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. SPARSH SHETTY, ADVOCATE FOR R-2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:38970 CRL.P No. 13655 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HON'BLE COURT MAY BE PLEASED TO QUASH THE CHARGE SHEET IN C.C.NO.16918/2021 FILED BY THE 1ST RESPONDENT AT ANNEXURE C AND CONSEQUENTLY QUASH ALL THE FURTHER PROCEEDINGS IN C.C.NO.16918/2021 FOR THE O/P/U/S/ 498A, 504 R/W 34 OF IPC, AND ALSO U/S 3 AND 4 OF D.P ACT, PENDING ON THE FILE OF XI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT, BANGALORE SO FAR AS AGAINST THE PETITIONER/ACCUSED NO.1 HEREIN ARE CONCERNED, ETC. THIS CRL.P., COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Today, an application is filed under Section 320 Cr.P.C. along with joint affidavit of petitioner/husband and second respondent/wife, requesting the Court to allow the parties to compound the offence in Crime No.129/2020 for the offence punishable under Sections 498A, 504, read with Section 34 IPC and also under Sections 3 and 4 of Dowry Prohibition Act. - 3 - HC-KAR NC: 2025:KHC:38970 CRL.P No. 13655 of 2025 2. This petition has been filed by the husband seeking quashing of the proceedings pending in C.C. No.16918/2021, arising out of Crime No.129/2020. In the application filed under Section 320 Cr.P.C., it is stated that the matter between the parties has been amicably settled, and that the second respondent/wife has rejoined the petitioner/husband, and they are now leading a happy and cordial marital life. The second respondent/wife is personally present before this Court and, on being queried, has confirmed that the matter has been amicably settled. She further states that she has rejoined the marital home and is happily living with her husband. In these circumstances, she requests this Court to quash the proceedings so that their marital life is not adversely affected by the pendency of the criminal case. 3. Though the offence under Section 498A IPC is ordinarily non-compoundable, the fact that the wife has voluntarily given a quietus to the dispute and the parties are now leading a harmonious marital life makes this a fit - 4 - HC-KAR NC: 2025:KHC:38970 CRL.P No. 13655 of 2025 case to exercise the inherent powers of this Court under Section 482 Cr.P.C. to quash the proceedings in the interest of justice. 4. Accordingly, this Court passes the following: ORDER (i) The petition is allowed. (ii) The proceedings pending in C.C. No.16918/2021, arising out of Crime No.129/2020, for offences punishable under Sections 498A, 504 read with Section 34 IPC, and Sections 3 and 4 of the Dowry Prohibition Act, now pending before the learned XI Additional Chief Judicial Magistrate, Bangalore, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BMV* List No.: 2 Sl No.: 65 CT: BHK