- 1 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10549 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SYED EHSAAN, S/O LATE SYED RIZWAN, AGED ABOUT XX YEARS, NO.387/A, 2ND FLOOR, 4TH CROSS, LAKSHMI LAYOUT, NEAR MOSQUE, BANNERGHATTA ROAD, BANGALORE SOUTH, BANGALORE – 560 076. …PETITIONER (BY SRI. ZULFI SULTANA, ADVOCATE) AND: 1. STATE OF KARNATAKA SOUTH WOMEN POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU – 560 001 2. FARZANA NAAZ W/O SYED EHSAAN, AGED ABOUT 42 YEARS, R/AT NO.387/A, 2ND FLOOR, 4TH CROSS, LAKSHMI LAYOUT, BANNERGHATTA ROAD, BANGALORE – 560 076 …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R1; SRI. AKSHATHA SHETTY K., ADVOCATE FOR R2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.1208/2005, CR.NO.49/2004 OF BASAVANAGUDI WOMEN POLICE STATION, REGISTERED FOR OFFENCES PUNISHABLE UNDER SECTION 498A OF IPC AND SEC. 3, 4 OF DP ACT, NOW TAKEN OVER BY SOUTH WOMEN POLICE STATION, BY VIRTUE OF NOTIFICATION DATED ADM 01.04.2024, PENDING ON THE FILE OF XXXIX ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU. 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, the petitioner seeks the following reliefs: “WHEREFORE, it is respectfully prayed that this Hon'ble Court be pleased to quash the criminal proceedings initiated against the petitioner in CC No.1208/2005, Crime No.49/2004 of Basavanagudi Women Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, Now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024, pending on the file of XXXIX Additional Chief Judicial Magistrate, Bengaluru, in the interest of justice.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Memo duly filed along with affidavit of petitioner and respondent - 3 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 No.2 signed by the petitioner, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Memo duly filed along with affidavit of petitioner and respondent No.2, which reads as under:- “JOINT MEMO FILED BY THE PETITIONER AND THE 2nd RESPONDENT The petitioner and respondent jointly submit as follows: 1. That the above criminal petition is filed with a prayer to quash the entire criminal proceedings initiated against the petitioner in criminal proceedings initiated against the petitioner in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. The 2nd respondent is the de facto complainant in the above petition. 2. It is relevant to submit here that the petitioner has not at all committed the offences as alleged by the prosecution. It is submitted that the petitioner and the 2nd respondent are the husband and wife. - 4 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 3. It is submitted that during the pendency of the above case, the petitioner and the 2nd respondent have settled the dispute amicably between themselves at the intervention of well-wishers. 4. It is submitted that the petitioner has prayed this Hon'ble Court to quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. Due to the advice of the well-wishers the 2nd respondent/complainant undertakes that she will not make any objections for allowing the aforesaid petition filed by the petitioner. 5. It is submitted that since the offences alleged under sections 498(A) of IPC and Section 3, 4, D.P. Act not compoundable in nature. Therefore, the complainant cannot withdraw the complaint before the trial Court under section 320 of Cr.P.C. Under the circumstances the petitioners and the 2nd respondent have filed this joint memo with a prayer to allow the aforesaid petition and quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. - 5 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 Wherefore, it is prayed that this Hon'ble Court be pleased to allow the aforesaid petition and to quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024, in the interest of justice. “AFFIDAVIT OF PETITIONER 1, Syed Ehsaan, Syed Ehsaan, S/o, Late Syed Rizwan, Aged about 43 years, No. 387/A, 2nd Floor, 4th Cross, Lakshmi Layout, Near Mosque, Bannerghatta Road, Bangalore South, Bangalore-560 007, do hereby solemnly affirm and state on oath as follows: 1. I am the petitioner/Accused No.1 in the above petition, and hence I am deposing as hereunder: 2. I am the petitioner in the above petition, I know the facts and circumstances of the case and hence I am deposing as hereunder: 3. That this criminal petition is filed with a prayer to quash the entire criminal proceedings initiated against the petitioner in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. The averments made in the memorandum of Criminal - 6 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 petition may kindly be read as part and parcel of this affidavit to avoid repetition of facts. The 2nd respondent is the de- facto complainant in the above petition. 4. I submit that the petitioner has not at all committed the offences as alleged by the prosecution. The petitioner and 2nd the respondent are husband and wife. I submit that during the pendency of the above case, the petitioner and the 2nd respondent have settled the dispute amicably between themselves at the intervention of well-wishers about 2 decades ago. 8. I submit that I have prayed this Hon'ble Court to quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. Due to the advice of the well-wishers the 2nd respondent/complainant undertakes that she will not make any objections for allowing the aforesaid petition filed by the petitioner. 9. I submit that since the offences alleged under sections 498(A), and Section 3, 4, D.P. Act and hence it is not compoundable in nature. Therefore, the complainant cannot withdraw the complaint before the trial Court under section 320 of Cr.P.C. Under the circumstances the petitioner and the 2nd respondent have filed this joint memo with a prayer to allow the aforesaid petition and quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 - 7 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. Wherefore, I pray that this Hon'ble Court be pleased to allow the aforesaid petition and prayed this Hon'ble Court to quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024, in the interest of justice.” “AFFIDAVIT OF RESPONDENT NO.2 I, Farzana Naaz,W/o Syed Ehsaan, Aged about 42 years, Residing at #387/A,2nd Floor, 4th Cross, Lakshmi Layout, Bannerghatta Road, Bangalore-560 076, do hereby solemnly affirm and state on oath as follows: 2. I am the complainant/2nd respondent in the above petition and I know the facts and circumstances of the case and hence I am deposing as hereunder: 3. I submit that the petitioner has filed this criminal petition with a prayer to quash the entire criminal proceedings initiated against the petitioner in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition - 8 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. I submit that during the pendency of the trial before the trial Court, the parties to the above petition have settled the dispute amicably between themselves at the intervention of well-wishers. 5. I submit that due to the advice of the well wishers I undertake that I will not make any objections for allowing the aforesaid petition filed by the petitioner. 6. I submit that since the offences alleged under sections 498(A), and Section 3, 4, D.P. Act not compoundable in nature. Therefore, the complainant cannot withdraw the complaint before the trial Court under section 320 of Cr.P.C. Under the circumstances the petitioner and the 2nd respondent have filed this joint memo with a prayer to allow the aforesaid petition and quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024. 7. 7. I submit that I have no objection to allow the aforesaid petition and to quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024 - 9 - HC-KAR NC: 2025:KHC:27719 CRL.P No. 10549 of 2025 Wherefore, I pray that this Hon'ble Court be pleased to allow the aforesaid petition and to quash the entire proceedings in CC No. 1208/2005 (Crime No.49/2004 of Basavanagudi Women Police Station, registered for offence punishable under sections 498A of IPC and sections 3, 4 of Dowry Prohibition Act, now taken over by South Women Police Station, by virtue of notification dated ADM/1/04/2024, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo duly filed along with affidavit of petitioner and respondent No.2 dated 22.07.2025. (ii) The proceedings in C.C.No.1208/2005 (arising out of Crime No.49/2004 of 1st respondent – Police) registered for the offences punishable under Sections 498A of IPC and Sections 3, 4 of Dowry Prohibition Act, pending on the file of XXXIX Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 11 Sl No.: 11