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2025 DAILYLAW 56523 (KAR)

MOHAMMED FEESHAN SHARIFF v. STATE OF KARNATAKA BY

CRL.P/11779/2025 · 2025-08-19

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32151 CRL.P No. 11779 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11779 OF 2025 BETWEEN: MOHAMMED FEESHAN SHARIFF AGED ABOUT 33 YEARS, S/O LATE WAHID SHARIF, RESIDING AT 422, 8TH CROSS, SIRAJ LAUOUT, SHIKARIPALYA, E CITY PHASE-1, BANGALORE - 560 105. …PETITIONER (BY SMT. HALEEMA AMEEN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HEBBAGODI POLICE STATION REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001. 2. BISMA SHARIFF D/O REHMATHULLA SHARIFF AGED ABOUT 30 YEARS, RESIDING AT 495/1, 3RD FLOOR, 34TH CROSS, 13TH MAIN ROAD, YARABNAGARA, BANASHANKARI 2ND STAGE, BANGALORE - 560 070. …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. LINGARAJU S. SURAPU, ADVOCATE FOR R2) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:32151 CRL.P No. 11779 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN C.C.NO.3832/2024, (CR.NO.63/2024 OF HEBBAGODI P.S) PENDING ON THE FILE OF THE IV ADDL.CIVIL JUDGE AND J.M.F.C ANEKAL, REGISTERED FOR THE OFFENCE P/U/S 498A, 504, 506 OF IPC AND SEC.3 AND 4 OF D.P ACT THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER A joint memo is filed by the petitioner/husband and respondent No.2/wife . The petitioner/husband has filed this petition seeking quashing of the proceedings in C.C. No.3832/2024, which have been instituted for the offences punishable under Sections 498A, 504, 506 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. During the course of hearing, on a pointed query made by this Court, respondent No.2/wife has candidly admitted that pursuant to the settlement arrived at between the parties, she has resumed cohabitation in the matrimonial home. She has further expressed that she does not wish to pursue the - 3 - HC-KAR NC: 2025:KHC:32151 CRL.P No. 11779 of 2025 criminal proceedings any longer and has requested this Court to permit the parties to compound the offences in terms of the joint memo filed. This Court is conscious of the fact that an offence punishable under Section 498A of the IPC is not compoundable under Section 320 of the Cr.P.C. However, the Hon’ble Supreme Court, in a catena of judgments, has consistently held that in matrimonial disputes where the parties have amicably settled their differences and have chosen to live together, the High Court, in exercise of its inherent powers under Section 482 of the Cr.P.C., is empowered to quash such proceedings in order to secure the ends of justice and to prevent abuse of the process of law. In the present case, the joint memo placed on record clearly reflects that the parties have arrived at an amicable settlement. Respondent No.2/wife has also undertaken to withdraw all proceedings initiated by her against the petitioner. Having regard to the nature of the dispute, the - 4 - HC-KAR NC: 2025:KHC:32151 CRL.P No. 11779 of 2025 settlement between the parties, and the fact that they have resumed their matrimonial life, this Court is of the considered view that no useful purpose would be served in continuing the criminal prosecution. Accordingly, the proceedings deserve to be quashed. ORDER i. The criminal petition is hereby allowed; ii. The proceedings in C.C. No.3832/2024 pending on the file of the IV Additional Civil Judge and JMFC, Anekal, are hereby quashed insofar as the petitioner is concerned, in terms of the joint memo. Pending interlocutory applications, if any, stand disposed of. SD/- (SACHIN SHANKAR MAGADUM) JUDGE HDK List No.: 1 Sl No.: 43 CT: BHK