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High Court of Karnataka · body

2025 DAILYLAW 54060 (KAR)

IRFAN PASHA F v. STATE BY KADUGODU PS

CRL.P/9399/2025 · 2025-07-04

S R Krishna Kumar

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:24317 CRL.P No. 9399 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9399 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. IRFAN PASHA F., S/O FAROOQ HUSSAIN, AGED ABOUT 30 YEARS, R/AT NO 363, NEAR GOVERNMENT SCHOOL, BELATHUR COLONY, KADUGODI POST, BENGALURU – 560 067 2. FAROOQ HUSSAIN W/O ABDUL SUBAN AGED ABOUT 56 YEARS, R/AT NO 303, NEAR WATER TANK, BELATHUR COLONY, KADUGODI, BENGALURU – 560 067 3. SMT. FAUZIYA ANJUM, S/O FAROOQ HUSSAIN, AGED ABOUT 34 YEARS, R/AT NO. 816, BELATHUR COLONY, KADUGODI, BENGALURU – 560 067 4. IMRAN PASHA F., AGED ABOUT 25 YEARS S/O AMEER JAN, R/AT NO 764 , NEAR GOVERNMENT JUNIOR COLLEGE, BELATHUR COLONY, BELTHUR, KADUGODI, BENGALURU – 560 067 …PETITIONERS (BY SRI. SADDAM R. MULLA, ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24317 CRL.P No. 9399 of 2025 AND: 1. STATE BY KADUGODU PS REPRESENTED BY SPP HIGH COURT COMPLEX, OPPOSITE TO VIDHANA SOUDHA, BENGALURU – 560 001 2. ULFATH FATHIMA W/O IRFAN PASHA F., AGED ABOUT 25 YEARS R/AT BELTHURU COLONY KADUGODI BENGALURU – 560 067 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HCGP FOR R1; SMT. SADIYA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE FIR DATED 12.12.2024 U/S 85, 3(5) OF BNS 2023 AND SEC.3, 4 OF DOWRY PROHIBITION ACT 1961 IN CR.NO.688/2024 OF KADUGODI P.S. AT ANNEXURE-A PENDING BEFORE THE HON’BLE ADDITIONAL CHIEF JUDICIAL MAGISTRATE (ACJM) BENGALURU RURAL DISTRICT AGAINST THE PETITIONERS WHEREIN THESE PETITIONERS ARE ARRAIGNED AS ACCUSED NO.1 TO 4. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following reliefs- “Wherefore, the Petitioners most humbly prays before this Hon’ble court be pleased to Quash the FIR dated 12.12.2024 U/S 85, 3(5), of BNS, 2023 and Section 3 and 4 of Dowry Prohibition Act, 1961 in Crime No.688/2024 of Kadugodi police station at Annexure-A pending before the - 3 - HC-KAR NC: 2025:KHC:24317 CRL.P No. 9399 of 2025 Hon’ble Addl. Chief Judicial Magistrate (ACJM), Bengaluru Rural district against the petitioners wherein these petitioners are arraigned as accused No.01 to 04, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for respondent No.2 – complainant have filed a Compromise Affidavit dated 04.07.2025 duly signed by petitioner No.2, respondent No.2 and their respective counsel and the same is taken on record. 3. Petitioner Nos.1 and 4 – accused Nos.1 and 4 are not present and are represented by Petitioner No.2 and 3 – accused Nos.2 and 3. Petitioner Nos.2 and 3 – accused Nos.2 and 3 and respondent No.2 and their respective counsel are physically present before the Court and they admit the contents of the Compromise Affidavit, which reads as under:- “COMPROMISE AFFIDAVIT We, 1) Farooq Hussain W/o Abdul Suban, Aged about 56 years, R/at No.303, Near Water Tank, Belathur Colony, Kadugodi, Bengaluru – 560 067, Petitioner No.2 herein and also on behalf of other Petitioners, 2) Ulfath Fathima W/o Irfan Pasha, F, Aged about 25 years, R/at, Belthuru Colony, Kadugodi, Bengaluru – 560 067. The 2nd Respondent/first - 4 - HC-KAR NC: 2025:KHC:24317 CRL.P No. 9399 of 2025 informant in this Compromise Affidavit do hereby solemnly affirm and state on oath as follows:- 1. We submits that we have filed the above petition under section 482 of Cr.P.C., for quashing of the Crime No.688/2024 Pending before the Hon’ble Addl. Chief Judicial Magistrate (ACJM), Bengaluru Rural District for adjudication and that the deponents were the Petitioner No.1 to 4/Accused No.1 to 4 and Respondent No.2/First Informant in Crime No.688/2024 registered by Kadugodi police station for the offences punishable U/S 85, 3(5) of BNS, 2023 and Section 3, 4 of Dowry Prohibition Act, 1961, registered the complaint of 2nd Respondent/deponent herein. 2. We submit that before this Hon’ble Court the deponents have arrived at a conclusion to enter into a settlement wherein, they have determined to put an end to the dispute between them. The determination of petitioner No.1 and Respondent No.2 is supported by other petitioners also. In view of the same, the respondent No.2 has no objection for quashing of the petition filed by the petitioners. The Respondent No.2 does not want to litigate against anybody with broad intention. Hence, respondent No.2 feels for the better future everyone to be expected of this amicable settlement with the petitioners. 3. We state that it was a respondent no.2 / wife has some issues die to accused tantrum, unable to bear - 5 - HC-KAR NC: 2025:KHC:24317 CRL.P No. 9399 of 2025 the same and lodged the complaint before the Respondent Police, and now same is settled amicably, considering the adverse effect of the same on each any every member in the family including on the grown up child, we both came forward and mend our difference and agreed to put end on this criminal case. 4. We state that we both will stay together and resolved all our contentious issues and further, doesn’t want to pursue the matter and keeping pending such matter is waste of precious judicial time and creating strain in the entire family. 5. We state that alleged complaint is result of emotional outburst and which is settled with the reunion. 6. Hence, all the parties herein opine to put an end to the dispute and thus quash the proceedings in Crime No.688/2024 pending before the Hon’ble Addl. Chief Judicial Magistrate (ACJM), Bengaluru Rural District. 7. What is stated above is true to the best of our knowledge belief and information. Wherefore, we humbly pray to this Hon’ble court to accept our compromise affidavit and appreciate the prayer made in the Criminal Petition, in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following: - 6 - HC-KAR NC: 2025:KHC:24317 CRL.P No. 9399 of 2025 ORDER (i) The petition is disposed of in terms of the Compromise Affidavit dated 04.07.2025. (ii) The proceedings in Crime No.688/2014 of 1st respondent – Police, registered for the offences punishable under Sections 85, 3(5) of BNS, 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending on the file of the Addl. Chief Judicial magistrate (ACJM), Bengaluru Rural District, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC