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2025 DAILYLAW 39816 (KAR)

NAYEEM AHMED I v. STATE OF KARNATAKA BY

CRL.P/12125/2025 · 2025-08-23

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12125 OF 2025 C/W CRIMINAL PETITION NO. 4354 OF 2025 IN CRL.P NO. 12125/2025 BETWEEN: NAYEEM AHMED I AGED ABOUT 39 YEARS S/O ILYAS AHMED. NO.16, M.T. STREET, 8TH CROSS, 8TH MAIN, MARAMMA TEMPLE, VASANTH NAGAR, BENGALURU NORTH, BENGALURU, G.P BENGALURU - 560 001 AS PER AADHAR CARD …PETITIONER (BY SRI. VIDYA SAGAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CENTRAL WOMEN POLICE STATION BANGALORE. REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU - 560 001. 2. SMT. ASMA MUBEENA W/O NAYEEM AHMED ILIYAS, AGED ABOUT 29 YEARS, Digitally signed by SWAPNA V Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 R/AT NO.7/1, 2ND MAIN, T.V TOWER ROAD, M.R PALYA J.C NAGAR, BANGALORE CITY KARNATAKA - 560 006 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 SRI. FAYAZ ULLA KHAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AS AGAINST THE PETITIONER IN CR.NO.09/2025 PENDING ON THE FILE OF 6TH ACMM COURT AT BENGALURU FOR THE O/P/U/S 498A, 504, 506 R/W 149 OF IPC AND SEC.3 AND 4 OF D.P ACT. IN CRL.P NO. 4354/2025 BETWEEN: 1. SRI. ILIYAS AHMED @ ILYAS AHMED S/O ABDUL GAFFOOR AGED ABOUT 70 YEARS (71 YEARS AADHAAR) R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, 18 BENGALURU CITY, KARNATAKA - 560 052 AS PER AADHAAR CARD R/AT NO.16, M.T. STREET, 8TH CROSS, 8TH MAIN, MARAMMA TEMPLE, VASANTH NAGRA, BANGALORE - 560 001 2. MUNIRA BEGUM W/O ILIYAS AHMED @ ILYAS AHMED AGED ABOUT 65 YEARS, R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, - 3 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 18 BENGALURU CITY, KARNATAKA - 560 052 AS PER AADHAAR CARD R/AT NO. 16, M.T. STREET, 8TH CROSS, 8TH MAIN. MARAMMA TEMPLE, VASANTH NAGRA, BANGALORE - 560 001 3. NADEEM AHMED S/O ILIYAS AHMED @ ILYAS AHMED AGED ABOUT 45 YEARS (43 YEARS AS PER AADHAAR). R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, 18 BENGALURU CITY, KARNATAKA - 560 052 AS PER AADHAAR, R/AT NO.16, ASHIYAN BUILDING, 8TH CROSS, 8TH MAIN, VASANTH NAGRA, BANGALORE NORTH, BANGALORE G P O BANGALORE - 560 001 PRESENTLY AS PER PROVISIONAL DRIVING LICENSE, R/AT FLAT 8, 2B, ALEXANDRA ROAD, HOUNSLOW, TW3 1LX LONDON PIN-NOW8OSN 4. SMT. MOHSINA KHANUM (MOHSINA KHAN AS PER PASSPORT) W/O NADEEM AHMED AGED ABOUT 35 YEARS (34 AS PER PASSPORT) R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, 18 BENGALURU CITY, KARNATAKA - 560 052 AS PER AADHAAR, R/AT NO.16, 8TH CROSS, 8TH MAIN, VASANTH NAGRA, BANGALORE, BANGALORE - 560052 - 4 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 PRESENTLY RESIDING WITH HUSBAND AT, R/AT FLAT 8, 2B, ALEXANDRA ROAD, HOUNSLOW, TW3 1LX, LONDON PIN-NOW8OSN 5. SMT. SABA ANJUM D/O ILYAS AHMED AGED ABOUT 36 YEARS (38 YEARS AS PER AADHAAR), R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, 18 BENGALURU CITY, KARNATAKA - 560 001 AS PER AADHAAR R/AT NO.16, 8TH CROSS, 8TH MAIN, VASANTH NAGRA, BANGALORE NORTH, BANGALORE G P BANGALORE - 560 001 6. SHAIK MOHAMMED IRFAN (SHAIK MOHAMMAD ERFAN AS PER DRIVING LICENSE) S/O SHAIK MOHAMMED AGED 36 YEARS (35 YEARS AS PER DRIVING LICENSE) R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, 18 BENGALURU CITY, KARNATAKA - 560 001 AS PER AADHAAR, R/AT NO.16, ASHIYAN BUILDING, 8TH CROSS, 8TH MAIN, VASANTH NAGRA, BANGALORE NORTH, BANGALORE G P O BANGALORE - 560 001 PRESENTLY AS PER NATIONAL ADDRESS, R/AT EKDA7514 BUILDING NO. 7514, PRINCE SALMAN IBN ABDULAZIZ. SECONDARY NO. 2741, DISTRICT - 5 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 AL KHUBAR ASH SHAMALIYAH DIST. POSTAL CODE - 34426 CITY AL KHOBAR, KINGDOM OF SAUDI ARABIA 7. NAHIDA TABASSUM W/O NASRULLA KHAN AGED ABOUT 47 YEARS (45 YEARS AS PER AADHAAR) R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, 18 BENGALURU CITY. KARNATAKA - 560 001 AS PER AADHAAR R/AT NO.16/1, 1ST MAIN ROAD, AMC ROAD, BASAVANAGAR, K.G HALLI, BANGALORE NORTH BANGALORE - 560 045 8. NASRULLA KHAN S/O ZIAULLA KHAN AGED ABOUT 52 YEARS (55 YEARS AS PER AADHAAR), R/AT NO.401, VISTA AUBURN, 3RD FLOOR, MILLERS ROAD, 18 BENGALURU CITY, KARNATAKA - 560 001 AS PER AADHAAR, R/AT NO.16/1, 1ST MAIN ROAD, AMC ROAD, BASAVANAGAR, K.G HALLI, BANGALORE NORTH BANGALORE - 560 045 …PETITIONERS (BY SRI. VIDYA SAGAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CENTRAL WOMEN POLICE STATION BANGALORE. REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT - 6 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 COMPLEX, BENGALURU - 560 001. 2. SMT. ASMA MUBEENA W/O NAYEEM AHMED ILIYAS, AGED ABOUT 29 YEARS, R/AT NO.7/1, 2ND MAIN, T.V TOWER ROAD, M.R PALYA J.C NAGAR, BANGALORE CITY KARNATAKA - 560 006 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1 SRI. FAYAZ ULLA KHAN, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AS AGAINST THE PETITIONERS IN CR.NO.09/2025 PENDING ON THE FILE OF 6TH ADDL. CMM COURT, AT BENGALURU FOR THE OFFENCES P/U/S 498A, 504, 506 R/W 149 OF IPC AND SEC.3 AND 4 OF D.P ACT. THESE CRIMINAL PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER These two criminal petitions are filed by the husband and his in-laws seeking quashing of the proceedings in Crime No.09/2025, which is pending for the offences punishable under Sections 498A, 504, 506 read with Section 149 of the Indian Penal Code, 1860 (for short, - 7 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 "IPC") and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. During the course of hearing, a joint affidavit has been placed on record, duly sworn to by the petitioners as well as by respondent No.2 – the complainant. On being specifically queried by this Court, respondent No.2-complainant has categorically stated that the matrimonial discord between her and the petitioners has been amicably resolved. In terms of the settlement, the husband has agreed to pay a sum of Rs.4,00,000/- to respondent No.2. Out of this agreed amount, a sum of Rs.2,00,000/- has already been paid to the complainant today in the open Court, which she acknowledges and confirms. She further acknowledges that the remaining sum of Rs.2,00,000/- shall be paid at the time of recording settlement in the pending matrimonial case. She therefore submits that in view of such amicable settlement, she has no objection for quashing the proceedings in Crime No.09/2025. - 8 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 3. On perusal of the terms of settlement, this Court is satisfied that the dispute in the present case is essentially a matrimonial dispute between the wife on the one hand, and the husband and his family members on the other. Since the parties have voluntarily arrived at a settlement and the complainant herself has consented to give a quietus to the dispute, and further since the husband and wife have also agreed to dissolve their marriage by mutual consent, this Court is of the considered opinion that continuation of the criminal proceedings in Crime No.09/2025 would serve no fruitful purpose. 4. It is also to be noted that the offences alleged are not of a heinous nature affecting society at large, but are primarily personal in character arising out of matrimonial discord. In view of the settlement, and in order to prevent abuse of the process of law and to secure the ends of justice, this Court finds it just and proper to quash the proceedings pending against the petitioners. - 9 - HC-KAR NC: 2025:KHC:33143 CRL.P No. 12125 of 2025 C/W CRL.P No. 4354 of 2025 5. For the reasons stated above, this Court proceeds to pass the following: ORDER i. The criminal petitions are hereby allowed. ii. The proceedings in Crime No.09/2025 pending on the file of the VI Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed insofar as the petitioners are concerned, in terms of the settlement recorded through the joint affidavit. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE BH CT:VS List No.: 2 Sl No.: 14