- 1 - HC-KAR NC: 2025:KHC:25114 CRL.P No. 8875 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8875 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: MR. SYED ABUZAR AHMED, AGED ABOUT 32 YEARS, SON OF MR. SYED AFROZ AHMED, RESIDING AT NO. 102, NO. 1, 15TH CROSS, DAVIS ROAD, SAGAYAPURAM, BENGALURU – 560 045 …PETITIONER (BY SRI. HOSAMANI SHAKEELAHMAD, ADVOCATE) AND: 1. MRS. TASBIYA KHAN, DAUGHTER OF MR. MD SALEEM KHAN, WIFE OF MR. SYED ABUZAR AHMED, AGED ABOUT 29 YEARS, RESIDING AT NO.32, 1ST MAIN ROAD, OPH ROAD, SHIVAJINAGAR, BANGALORE – 560 051. 2. STATE OF KARNATAKA, BY EAST ZONE WOMEN P.S., BANGALORE. REPRESENTED BY LEARNED SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE – 560 001. …RESPONDENTS (BY SMT. SOWMYA R., HCGP FOR R2; SRI. MOHAMED WAZEER, ADVOCATE FOR R1) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:25114 CRL.P No. 8875 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONER IN CC.NO.25069/2021 EARLIER PENDING ON THE FILE OF VI ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE NOW PENDING BEFORE THE XI ADDL. CHIEF JUDICIAL MAGISTRATE, MAYO HALL, BENGLAURU FOR OFFENCES UNDER SECTION 498-A, 504, 323 R/W SEC.34 OF IPC, SEC. 3 AND 4 OF DOWRY PROHIBITION ACT, VIDE ANNEXURE – A. 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, petitioner has sought for the following relief:- “(1) Quash the entire proceedings against the petitioner in C.C.No.25069/2021 earlier pending on the file of VI Additional Chief Metropolitan Magistrate, Bangalore now pending before the XI ADDL. Chief Judicial Magistrate, Mayo Hall, Bengaluru for offences under Sections 498-A, 504, 323 R/w Sec.34 of IPC, Sections 3 & 4 of Dowry Prohibition Act vide Annexure - A. (2) Pass any such other order/s, as the Petitioner is entitled to in the facts and circumstances of the case, including the costs of the proceedings, in the interest of justice.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 1st respondent – complainant have filed a Joint - 3 - HC-KAR NC: 2025:KHC:25114 CRL.P No. 8875 of 2025 Affidavit duly signed by the petitioner, 1st respondent and their respective counsel and the same is taken on record. 3. Petitioner – accused No.1, respondent No.1 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT I, Mr. SYED ABUZAR AHMED, Petitioner / Accused No. 1, Aged about 32 years, S/o. Mr. Syed Afroz Ahmed, R/at: No. 102, No. 1, 15th Cross, Davis Road, Sagayapuram, Bengaluru 560045, and Mrs. TASBIYA KHAN, Complainant/Respondent D/o. Mr. Md Saleem Khan, W/o. Mr. Syed Abuzar Ahmed, aged about 29 years, R/at: No.32 1st Main Road, OPH Road, Shivajinagar, Bangalore 560051, do hereby solemnly affirm and state on oath as follows: - 1. We state that the petitioner has filed the above proceedings against me i.e., the 1st respondent here in for the quashing of criminal proceedings initiated against him. Therefore, we are aware about the filing of the above proceedings. We know the facts and circumstances of the case. Hence, we are swearing to this affidavit. 2. We state that the 1st respondent of us have filed a complaint against the petitioner and other family members herein before East Zone Women's' Police Station, Bengaluru in Crime No.33/2021 later the said police have filed a charge - 4 - HC-KAR NC: 2025:KHC:25114 CRL.P No. 8875 of 2025 sheet in C.C.No.25069/2021 pending before the XI A.C.M.M Mayo Hall, at Bengaluru. The same is pending for consideration. We state that now at the intervention of well-wishers and common friends we have compromised the matter amicably to maintain the good relationship between us. Accordingly, we both of us have settled the matter out of the court. 4. We state that, the 1st respondent of us, has obtained divorce i.e., Khula from the petitioner. Now, after the divorce the 1st respondent of us is married again and residing separately with family members. At the same time, the petitioner is also married and residing with his wife and family members. However, the petitioner is paying a sum of Rs.3,00,000/- to the 1st respondent of us. The said amour.t shall be paid at the time of withdrawal of the proceedings filed by the 1 of the respondent under the Protection of Women from Domestic Violence Act, pending before the 1st MMC Traffic Court at Bengaluru in Cr.Misc.14/2023. Besides, 181 grams of gold ornaments has to return to the 1st of the respondent of us by the petitioner today the petitioner has returned the 100 grams gold ornaments to the 1st respondent before this Hon'ble Court at the time of withdrawal/quashing of the above petition. And remaining gold ornaments of 81 grams will be return at the time of withdrawal/quashing the criminal petition bearing No. No.8223/2023. The same is pending before this Hon'ble Court. - 5 - HC-KAR NC: 2025:KHC:25114 CRL.P No. 8875 of 2025 5. We further declare that the either and the other of us have received our respective articles and other personal belongings. There are no claims against each other in future as all the matrimonial disputes have been settled through this joint affidavit. Either and the other of the parties shall not approach any courts, police stations or any authorities claiming any kind of relief against each other in future. At the same time, either and the other of us have agreed to withdraw any case filed against each other. The allegations made against each other, in the petition and in the complaint shall be withdrawn. The respective parties are at liberty to lead their independent life as they desire. Further, neither the petitioner nor the 1st respondent of us shall interfere in the personal life of others. Added to that, neither of us shall use the social media concerning our marriage. 6. We further state that, based on the complaint filed by the 1st respondent of us, the other family members of the petitioner have filed separate Criminal proceedings for quashing of the same in Crl.Petition No. 8223/23. The other family members have been arrayed as petitioner Nos. 1 to 4 in the above Crl.Petition No.8223/2023. The same is pending before this Hon'ble Court. Same will be withdraw in future. As the petitioners No. 2 to 5 in the said petition are in laws of the 1st respondent of us and the family members of the petitioner. 7. We further state that, both the petitions maybe withdrawn for the above said reasons and the proceedings in - 6 - HC-KAR NC: 2025:KHC:25114 CRL.P No. 8875 of 2025 both the cases maybe quash as prayed in the above respective petitions. 8. We, the deponents above named do hereby declare that what is stated above is true and correct to the best of our knowledge, information and belief and this is our name and signature.” 4. In view of the aforesaid settlement entered into between the petitioner and 1st respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 09.07.2025. (ii) The proceedings in C.C.No.25069/2021 (arising out of Crime No.33/2021 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 504, 323 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act pending on the file of XI Additional Chief Judicial Magistrate, Bengaluru insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 3 Sl No.: 38