MR SYED MOIN AHMED @ SYED MOEEN AHMED v. STATE OF KARNATAKA
CRL.P/13588/2025 · 2025-09-24
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42567 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42567 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:39020 CRL.P No. 13588 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 13588 OF 2025 BETWEEN:
1.
MR SYED MOIN AHMED @ SYED MOEEN AHMED S/O SYED IRSHAD AHMED AGED ABOUT 34 YEARS R/AT. NO.343, SHABARI NAGAR, 1 CROSS, RK HEGDENAGAR, BANGALORE NORTH, DR. SHIVARAMA KARANTH NAGAR, BANGALORE-560077.
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SMT. FATHIMAUNNISHA @ FATHIMUNNISA S/O. SYED IRSHAD AHMED AGED ABOUT 58 YEARS, R/AT. NO.343, 1 MAIN ROAD, SHABARI NAGAR EXTENSION, RK HEGDENAGAR, BANGALORE NORTH, DR.SHIVARAMA KARANTH NAGAR, BANGALORE-560077.
3.
MR. SYED TAMUL AHMED @SYED TAJAMUL AHMED S/O.SYED IRSHAD AHMED AGED ABOUT 36 YEARS, R/AT NO.343, 1 MAIN ROAD, SHABARI NAGAR, RK HEGDENAGAR, BANGALORE NORTH, SHIVA KARANTH NAGAR, KOTHNOOR, BANGALORE-560077
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MR. SYED MALIK PASHA @ SYED SALIM MALIK S/O. SYED ABDUL WAHID AGED ABOUT 38 YEARS, R/AT.NO.61, MOSQUE ROAD, PALACE GUTTAHALLI, Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:39020 CRL.P No. 13588 of 2025 BANGALORE NORTH, BANGALORE-560003. …PETITIONERS (BY SRI. NAVEED AHMED., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY NORTH EAST WOMEN PS, BANGALORE, REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE- 560001.
2.
SMT. MISBA ANJUM W/O. SYED MOIN AHMED AGED ABOUT 29 YEARS, R/AT NO.179, RAZAKA PALYA, BANGALORE, JALA HOBLI, BANGALORE -562159. …RESPONDENTS (BY SRI. MUBASHEER AHMED, ADVOCATE FOR R2;
SRI. RAHUL RAI.K, HCGP FOR R2)
THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FURTHER PROCEEDINGS IN C.C.NO.25362/2025 PENDING ON THE FILE OF THE HONBLE 41st ACJM COURT, BENGALURU FOR THE OFFENCE P/US/ 498- A,323,504,506,114 OF IPC AND SEC.3,4 OF DP ACT 1961 VIDE ANNEXURE A.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
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HC-KAR NC: 2025:KHC:39020 CRL.P No. 13588 of 2025 ORAL ORDER This petition is filed by the husband and in-laws seeking quashing of the proceedings pending in C.C.No.25362/2025 on the file of 41st Addl. Chief Judicial Magistrate, Bangalore, for the offence punishable under Section 498A, 323, 504, 506, 114 of IPC and Section 3 & 4 of Dowry Prohibition Act.
2. Today, a Joint Memo along with a Joint Affidavit, duly signed by all the parties, has been filed before this Court. The 2nd respondent/complainant, who is the wife of the 1st petitioner/accused No.1, is also present before this Court. She submits that with the intervention of elders and family members, the differences between herself and the 1st petitioner have been amicably resolved. It is further submitted that she has voluntarily rejoined her husband, namely the 1st petitioner, and they are presently residing together and leading a peaceful marital life.
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HC-KAR NC: 2025:KHC:39020 CRL.P No. 13588 of 2025
3. In view of the reunion of the husband and wife, this Court is of the opinion that continuation of the criminal proceedings would not serve any useful purpose. On the contrary, it would jeopardize the peace and harmony now restored between them. The complainant herself has withdrawn the allegations and has expressed her desire to continue her marital life with the 1st petitioner. Therefore, in the larger interest of preserving the matrimonial bond and maintaining cordiality between the spouses, this Court finds it just and proper to exercise its inherent jurisdiction.
4. This Court is mindful that the inherent power under Section 482 Cr.P.C. is to be invoked sparingly, but where the dispute is essentially private and personal in nature, and when the complainant herself has reconciled and is no longer interested in prosecuting the matter, permitting the proceedings to continue would amount to an abuse of the process of law. To secure the ends of
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HC-KAR NC: 2025:KHC:39020 CRL.P No. 13588 of 2025 justice and to ensure the peaceful marital life of the parties, the criminal proceedings require to be quashed.
5. Accordingly, the following:
ORDER i. The criminal petition is hereby allowed. ii. The proceedings in C.C.No.25362/2025 pending on the file of the 41st Additional Chief Judicial Magistrate, Bengaluru, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE PSJ List No.: 2 Sl No.: 12