SRI SYED MUKAMMIL v. STATE BY R T NAGAR POLICE STATION
CRL.P/11562/2025 · 2025-09-09
Sachin Shankar Magadum
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51415 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51415 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:35783 CRL.P No. 11562 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11562 OF 2025 BETWEEN:
SRI. SYED MUKAMMIL S/O LATE SYED KALEEMULLA AGED ABOUT 46 YEARS RESIDING AT NO.6, 5TH CROSS ADARSHANAGARA, R.T. NAGAR BANGALORE, KARNATAKA - 560 032. &PETITIONER (BY SRI. MOHAMMED OWAIS SULTAN, ADVOCATE) AND:
1.
STATE BY R.T. NAGAR POLICE STATION REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT BANGALORE - 01.
2.
SMT. SYEEDA BANU W/O SYED MUKAMIL D/O MOHAMMED UMER AGED ABOUT 43 YEARS R/AT NO.27/6, 3RD MAIN, 5TH CROSS, RAHMATHANAGAR, R.T. NAGAR POST, BANGALORE - 32. &RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1;
SRI. HASAN MAGADI, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:35783 CRL.P No. 11562 of 2025
THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.1476/2021 IN THE FILE OF 32ND A.C.M.M BENGALURU REGISTERED BY THE RESPONDENT POLICE FOR THE OFFENCE P/U/S 498A OF IPC, SEC.3, 4 OF D.V ACT AND SEC.34 OF THE PROTECTION OF MUSLIM WOMEN ACT VIDE ANNEXURE-A AND CONSEQUENTLY QUASH THE FIR AND COMPLAINT IN CR.NO.218/2019 DATED 14.10.2019 VIDE ANNEXURE-B AND C RESPECTIVELY.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the husband seeking quashing of the proceedings pending in C.C.No.1476/2021 on the file of 32nd A.C.M.M., Bengaluru, for the offence punishable under Section 498-A of IPC, Sections 3 & 4 of the Dowry Prohibition Act, 1961 and Section 4 of the Muslim Women (Protection of Rights on marriage) Act, 2019. 2. Today, a joint memo has been placed on record by the petitioner and the second respondent3complainant. - 3 -
HC-KAR NC: 2025:KHC:35783 CRL.P No. 11562 of 2025 Along with the memo, a copy of the settlement recorded before the Mediation Centre has been enclosed, evidencing that the petitioner3husband and the second respondent3 wife have amicably resolved their disputes. As per the terms of the settlement, the second respondent has received a total sum of Rs.15,00,000/- (Rupees Fifteen Lakhs only) towards full and final settlement. The amount has been paid by way of two demand drafts bearing Nos. 063511 and 063512, both dated 26.11.2024, drawn on HDFC Bank, R.T. Nagar Branch, Bengaluru, for a sum of Rs.7,50,000/- (Rupees Seven Lakhs Fifty Thousand) each. 3. The second respondent, who is present before this Court, has been specifically queried and she has acknowledged the settlement arrived at in O.S. No.343/2021. She has further admitted that her marriage with the petitioner stands dissolved in accordance with Muslim Law and, pursuant to such dissolution, she has received the aforesaid sum of Rs.15,00,000/- under the two demand drafts mentioned above. - 4 -
HC-KAR NC: 2025:KHC:35783 CRL.P No. 11562 of 2025
4. Having regard to the fact that the dispute between the parties was essentially matrimonial in nature, and in view of the compromise duly recorded before the Mediation Centre, this Court is of the considered opinion that the continuation of criminal proceedings would serve no fruitful purpose. Although the offence under Section 498-A of the IPC is not compoundable in terms of Section 320 Cr.P.C., in the peculiar facts of the present case where the parties have settled their differences, the marriage stands dissolved, and permanent alimony of Rs.15,00,000/- has been paid and accepted, the continuation of the prosecution would amount to an abuse of the process of law. Therefore, to secure the ends of justice, this Court deems it appropriate to exercise its inherent jurisdiction under Section 482 Cr.P.C. and quash the proceedings insofar as the petitioner is concerned.
5. For the foregoing reasons, this Court proceeds to pass the following:
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HC-KAR NC: 2025:KHC:35783 CRL.P No. 11562 of 2025
ORDER (i) The Criminal Petition is allowed. (ii) The proceedings in C.C. No.1476/2021, arising out of Crime No.218/2024 registered by R.T. Nagar Police Station, pending before the Court of the XXXII Additional Chief Metropolitan Magistrate, Bengaluru (now re-designated as the VIII Additional Chief Judicial Magistrate), for the offences punishable under Section 498-A of the Indian Penal Code, Sections 3 and 4 of the Dowry Prohibition Act, 1961, and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE YN List No.: 4 Sl No.: 1 CT: BHK