Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32712 CRL.P No. 7576 of 2025 C/W CRL.P No. 7578 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.7576 OF 2025 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO.7578 OF 2025 (482(Cr.PC) / 528(BNSS)
IN CRL.P No.7576/2025: BETWEEN:
1. MASUD
S/O UMER, AGED ABOUT 39 YEARS,
2. GULNAZ BEGUM
W/O UMER AGED ABOUT 59 YEARS
PETITIONER NOS.1 & 2 ARE
R/AT NO.1153, 1ST CROSS
1ST BLOCK, HAL 3RD STAGE
NEW TIPPASANDRA
BENGALURU – 560 075. …PETITIONERS
(BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY JEEVAN BHEEMANAGAR POLICE BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001. 2. SMT. ZAINAB JANNET KHAN AGED ABOUT 24 YEARS, W/O MOHAMMED MASUD, R/AT NO.18/02,
Digitally signed by CHANDANA B M Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32712 CRL.P No. 7576 of 2025 C/W CRL.P No. 7578 of 2025
MARIAMMA KOIL STREET, JAI BARATH NAGAR BENGALURU – 560 033. …RESPONDENTS (BY SRI. K. RAHUL RAI, HCGP FOR R-1 R-2 SERVED)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.27656/2024 REGISTERED BY THE JEEVAN BHEEMANAGAR POLICE STATION, BENGALURU / 1ST RESPONDENT FOR THE OFFENCE P/U/S 3 AND 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT 2019, NOW THE CASE IS PENDING ON THE FILE OF THE HON’BLE JUDICIAL MAGISTRATE FIRST CLASS (TRAFFIC COURT-1) BENGALURU. IN CRL.P.NO.7578/2025: BETWEEN:
1. MASUD AGED ABOUT 39 YEARS, S/O UMER
2. SAWUD AGED ABOUT 36 YEARS, S/O UMER
PETITIONER NOS.1 & 2 ARE
R/AT NO.1153, 1ST CROSS
1ST BLOCK, HAL 3RD STAGE
NEW TIPPASANDRA
BENGALURU – 560 075. ...PETITIONERS (BY SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE) AND:
1. THE STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE BENGALURU REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BANGALORE – 560 001. 2. SMT. ZAINAB JANNET KHAN AGED ABOUT 24 YEARS, W/O MOHAMMED MASUD
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R/AT NO.18/02, MARIAMMA KOIL STREET, JAI BHARATH NAGAR BENGALURU – 560 033. ...RESPONDENTS (BY SRI.
K. RAHUL RAI, HCGP FOR R-1;
R-2 SERVED)
THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.24706/2022 REGISTERED BY THE EAST ZONE WOMEN P.S. BENGALURU / 1ST RESPONDENT FOR THE OFFENCE P/U/S 498(A), 323, 504, 506 OF IPC AND SEC.3,4 OF D.P ACT NOW THE CASE IS PENDING ON THE FILE OF THE HON’BLE XI A.C.J.M BENGALURU. THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In Crl.P.No.7576/2005, the petitioners have sought for the following relief:-
“Wherefore, the petitioners who are arrayed as accused No.1 & 2 humbly prays that this Hon’ble Court be pleased to quash the entire proceedings in C.C.No.27656/2024 registered by the Jeevan Bheemanagar Police Station, Bengaluru / 1st respondent for the offences punishable under Sections 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, now the case is pending on the file of the Hon’ble Judicial Magistrate First Class (Traffic Court 1) Bengaluru, in the interest of justice.”
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In Crl.P.No.7578/2005, the petitioners have sought for the following relief:-
“Wherefore, the petitioners who are arrayed as accused No.1 & 3 humbly prays that his Hon’ble Court be pleased to quash the entire proceedings in C.C.No.24706/2022 registered by the East Zone Women Police Station, Bengaluru / 1st respondent for the offences punishable under sections 498(A), 323, 504 and 506 of Indian Penal Code and sections 3 & 4 of Dowry Prohibition Act, now the case is pending on the file of the Hon’ble XI Additional Judicial Magistrate, Bengaluru, in the interest of justice.”
2.
Learned counsel for the petitioners – accused Nos.1, 2 and 3 and learned counsel for 2nd respondent – complainant have filed I.A.2/2025 in both the petitions along with Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record. 3. Petitioners – accused Nos.1, 2 and 3 and their counsel and 2nd respondent and her counsel are present before the Court through video conferencing and they admit the contents of the Joint Affidavits. 3 (i) I.A.2/2025 along with Joint Affidavit filed in Crl.P.No.7576/2025 reads as under:-
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“APPLICATION UNDER SECTION 320 READ WITH 482 OF THE CODE OF CRIMINAL PROCEDURE That for the reason sworn to in the accompanying Joint Affidavit, it is humbly prayed that this Hon’ble Court be pleased to quash all further proceedings in C.C.No.27656/2024 registered by Jeevan Bheemanagar Police Station, Bengaluru / 1st respondent for the offences punishable under Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, now pending on the files of Hon’ble Judicial Magistrate First Class (Traffic Court – 1), Mayohall, Bengaluru, in the interest of justice.”
JOINT AFFIDAVIT
“We, 1. Masud, Aged about 39 years, S/o Umer, R/at No.1153, 1st Cross, 1st Block, HAL 3rd Stage, New Tippasandra, Bengaluru – 560075. 2. ZainabJannet Khan, Aged about 24 years, W/o Mohammed Masud, R/at No.18/02, Mariammakoil Street, Jai Barath Nagar, Bengaluru - 560032, do hereby solemnly affirm and state on oath as follows;
1. We submit that, Masud is the petitioner and Smt. Zainab Jannet Khan is the 2nd respondent in the above case, we know the facts of the case, hence we are swearing to this Joint Affidavit. 2. We submit that the 2nd respondent filed a complaint against me and my family members, same is registered in C.C.No.27656/2024 registered by Jeevan Bheemanagar Police Station, Bengaluru / 1st respondent for the offences punishable under sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act 2019, now
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pending on the files of Hon'ble Judicial Magistrate First Class(Traffic Court-1) Mayohall, Bengaluru. 3.
3. We submit that, the 1st respondent police after investigation have charge sheeted the petitioner and his family members for the offences punishable under sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act 2019 and now the case stands before the Hon'ble Judicial Magistrate First Class (Traffic Court-1) Mayohall, Bengaluru, in C.C.No.27656/2024. 4. We submit that, in between us various cases were/are pending and some were closed and others were about to close as we have settled our differences / disputes amicably in the mediation in Crl. Misc. No.89/2022 before V Addl. Family Court, the 2nd respondent agreed to assist the Hon'ble Judicial Magistrate First Class (Traffic Court-1) Mayohall, Bengaluru, in CC.No.27656/2024 to quash the proceedings registered in CC.No.27656/2024 by Jeevan Bheemanagar Police Station, Bengaluru / 1st respondent for the offences punishable under sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and now the case stands before the Hon'ble Judicial Magistrate First Class (Traffic Court-1) Mayohall, Bengaluru, in CC.No.27656/2024 against me and my family members. 5. We submit that, family members of the petitioner have approached this Hon'ble Court in Cri.P.No.7576/2025 seeking quashing of the proceedings in CC.No.27656/2024 by under and 4 of the Muslim Women (Protection of Rights on Marriage Act, 2019 and now the case stands before the Hon'ble Judicial Magistrate First Class (Traffic Court-1)
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Mayohall, Bengaluru, in CC.No.27656/2024 and the petitioner herein also filed the above criminal petition seeking the quashing of the same. The 2nd respondent agreed and has no objection to quash the proceedings against the petitioner as well as his family members. 6. That we have decided after due deliberations and advises with well-wishers, relatives, friends, the 2nd respondent has decided not to further prosecute the criminal cases against the petitioner and his family members. 7. We submit that, the 2nd respondent on her own free will agreed the same and has no compulsion, harassment, threat, coercion and undue influence from any directions or corner to close the case once for all. 8. We submit that, this Joint Affidavit, being filed on our own accord and free will, not at the behest of any persons, coercion, threat or any other extraordinary interest in seeking to close the case once for all. 9.
We submit that, the 2nd respondent has no objection for quashing the entire proceedings pending against the petitioner and his family members on the files of Hon'ble Judicial Magistrate First Class (Traffic Court-1) Mayohall, Bengaluru, in CC.No.27656/2024 for the offences punishable under section 3 and 4 of the Muslim Women (Protection of Rights on Marriage Act 2019 and acquit the petitioner and his family members. 10. If this application is not allowed, we will be put to great hardship, injury and mental agony and on the other hand no prejudice will be caused to the other side by allowing the same. - 8 -
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WHEREFORE, it is humbly prayed that, this Hon'ble Court be pleased to allow the accompanying application as prayed in the interest of justice. We, the deponents do hereby state that, what is stated above are true and correct to the best of out knowledge, information and belief.”
3 (ii) I.A.2/2025 along with Joint Affidavit filed in Crl.P.No.7578/2025 reads as under:-
“APPLICATION UNDER SECTION 320 READ WITH 482 OF THE CODE OF CRIMINAL PROCEDURE That for the reason sworn to in the accompanying Joint Affidavit, it is humbly prayed that this Hon’ble Court be pleased to quash all further proceedings in C.C.No.24706/2022 registered by East Zone Women Police, Bengaluru / 1st respondent for the offences punishable under Sections 498(A), 323, 504, 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, now pending on the file of XI Addl. Chief Judicial Magistrate (Mayohall), Bengaluru, in the interest of justice.”
JOINT AFFIDAVIT
“We, 1. Masud, Aged about 39 years, S/o Umer, R/at No.1153, 1st Cross, 1st Block, HAL 3rd Stage, New Tippasandra, Bengaluru – 560 075. 2.
ZainabJannet Khan, Aged about 24 years, W/o Mohammed Masud, R/at No.18/02, Mariammakoil Street, Jai Barath Nagar, Bengaluru - 560032, do hereby solemnly affirm and state on oath as follows;
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1. We submit that, Masud is the petitioner and Smt. Zainab Jannet Khan is the 2nd respondent in the above case, we know the facts of the case, hence we are swearing to this Joint Affidavit. 2. We submit that, the 2nd respondent filed a complaint against me and my family members, same is registered in C.C.No.24706/2022 by the 1st respondent East Zone Women Police, Bengaluru, for the offences punishable under Sections 498(A) of Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act. 3. We submit that, the 1st respondent police after investigation have charge sheeted the petitioner and his family members for the offences punishable under sections 498(A), 323, 504, 506 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act and now the case stands before the Hon’ble XI Addl. Chief Judicial Magistrate Bengaluru (Mayohall) Bengaluru, in C.C.No.24706/2022. 4. We submit that, in between us various cases were/are pending and some were closed and others were about to close as we have settled our differences/disputes amicably in the mediation before Karnataka Mediation Centre on 30-07-2025 in Crl.Misc.No.89/2022 before V Addl. Family Court, the 2nd respondent agreed to assist the Hon'ble XI Addl. Chief Judicial Magistrate, Bengaluru (Mayohall) Bengaluru to quash the proceedings registered in CC.No.24706/2022 by East Zone Women Police, Bengaluru / 1st respondent for the offences punishable under sections 498(A), 323, 504, 506 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act, now pending on the file of Hon'ble XI Addl. - 10 -
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Chief Judicial Magistrate Bengaluru (Mayohall) Bengaluru, in CC.No.24706/2022 against me and my family members. 5.
We submit that, family members of the petitioners have approached this Hon'ble Court in Crl.P.No.7578/2025 seeking quashing of the proceedings in CC.No.24706/2022 by East Zone Women Police, Bengaluru / 1st respondent for the offences punishable under sections 498(A), 323, 504, 506 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act and now the case stands before the Hon'ble XI Addl. Chief Judicial Magistrate Bengaluru (Mayohall) Bengaluru, in CC.No.24706/2022 and the petitioner herein also filed the above criminal petition seeking the quashing of the same. The 2nd respondent agreed and has no objection to quash the proceedings against the petitioner as well as his family members. 6. That we have decided after due deliberations and advises with well-wishers, relatives, friends, the 2nd respondent has decided not to further prosecute the criminal cases against the petitioner and his family members. 7. We submit that, the 2nd respondent on her own free will agreed the same and has no compulsion, harassment, threat, coercion and undue influence from any directions or corner to close the case once for all. 8. We submit that, this Joint Affidavit, being filed on our own accord and free will, not at the behest of any persons, coercion, threat or any other extraordinary interest in seeking to close the case once for all. 9. We submit that, the 2nd respondent has no objection for quashing the entire proceedings pending against
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the petitioner and his family members on the files of Hon'ble XI Addl. Chief Judicial Magistrate Bengaluru (Mayohall) Bengaluru, in CC.No.24706/2022 for the offences punishable under sections 498(A), 323, 504, 506 of the Indian Penal Code and sections 3 and 4 of the Dowry Prohibition Act and acquit the petitioner and his family members. 10. We submit that, the petitioner no.1 has agreed to pay Rs.18,00,000/- (Rupees Eighteen Lakhs Only) towards respondent no.2 and the son born out of the wed lock Mohammed Zain, born on 19-03-2019. We have agreed that the amount paid is towards the alimony, maintenance, education of the child and towards all the expenses of the child.
This is towards full and final settlement paid by the petitioner no.1 and the same has been accepted by respondent no.2. the petitioner has paid Rs.9,00,000/- (Rupees Nine Lakhs Only) in the form of D.D. dated 22.07.2025 No.737061 of Indian Bank Benson Town, before V Addl. Family Court and the same has been acknowledge by the Respondent No.2 and the petitioner will give Rs.9,00,000/- D.D. bearing No.737088 of Indian Bank Benson Town dated 11-08-2025 before this Hon'ble Court. This is full and final settlement towards the respondent No.2 and Son Mohammed Zain hereinafter-words we do not have any rights, claims, grievance against each other. We both have family members, relatives etc., and they have also agreed not to indulge in filing further cases, claims etc., against each-others in the above circumstance. 11. If this application is not allowed, we will be put to great hardship, injury and mental agony and on the other
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hand no prejudice will be caused to the other side by allowing the same. WHEREFORE, it is humbly prayed that, this Hon'ble Court be pleased to allow the accompanying application as prayed for, in the interest of justice. We, the deponents do hereby state that, what is stated above are true and correct to the best of our knowledge, information and belief.”
4. In view of the aforesaid settlement entered into between the petitioners in both the petitions and 2nd respondent, I pass the following:
ORDER
(i) Both petitions are disposed of in terms of Joint Affidavits, both dated 13.08.2025.
(ii) The proceedings in C.C.No.27656/2024 (arising out of Crime No.166/2023 of 1st respondent – Police (PCR No.54428/2022)) registered for the offences punishable under Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending on the file of Judicial Magistrate First Class (Traffic Court – 1), Bengaluru, insofar as the petitioners – accused Nos.1 and 2 are concerned are hereby quashed.
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(iii) The proceedings in C.C.No.24706/2022 (arising out of Crime No.35/2022 of 1st respondent – Police) registered for the offences punishable under Sections 498(A), 323, 504 and 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of XI Addl. Chief Judicial Magistrate, Bengaluru, insofar as the petitioners – accused Nos.1 and 3 are concerned are hereby quashed.
Sd/- (S.R.KRISHNA KUMAR) JUDGE
SMM / SV List No.: 19 Sl No.: 12