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2025 DAILYLAW 77193 (KAR)

MOHAMMAD ALI v. THE STATE OF KARNATAKA

CRL.P/12060/2023 · 2025-07-18

J M Khazi

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:27089 CRL.P No. 12060 of 2023 C/W CRL.P No. 8955 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF JULY, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 12060 OF 2023 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 8955 OF 2025 IN CRL.P No. 12060/2023 BETWEEN: 1. MOHAMMAD ALI C/O LATE ALI KHOYA, AGED ABOUT 57 YEARS, R/AT NO 3111, K T STREET, MANDI MOHALLAL, MYSURU DISTRICT 570 021. (IN THE FIR HIS NAME IS SHOWN AS MAHAMAD ALI) 2. SMT SAMEENA T W/O SYED SHAHID, AGED ABOUT 36 YEARS, R/AT NO 2677, 2ND CROSS, RAJA POTH ROAD, MYSURU DISTRICT 570 001. 3. SALEEM PASHA S/O MOHAMMAD ALI, AGED ABOUT 38 YEARS, R/AT NO 3111, K T STREET, MANDI MOHALLAL, MYSURU DISTRICT 570 001. …PETITIONERS (BY SRI. LETHIF B., ADVOCATE) Digitally signed by REKHA R Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27089 CRL.P No. 12060 of 2023 C/W CRL.P No. 8955 of 2025 AND: 1. THE STATE OF KARNATAKA REP BY MYSURU CITY POLICE STATION, MYSURU CITY, REP BY SPP, HIGH COURT BUILDING, BANGALORE 560 001. 2. MOMINA BEGUM W/O SALIDH, AGED ABOUT 28 YEARS, R/AT NO 119, 3RD CROSS, DEVNOOR LAYOUT, RAJEEVANAGAR, 1ST PHASE, MYSURU 570 019. …RESPONDENTS (BY SRI.VENKAT SATYANARAYAN. A., HCGP FOR R1 SRI.D.J.SATHISHA, ADV. FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.150/2023 ON THE FILE OF THE VII ADDL. SENIOR CIVIL JUDGE AND J.M.F.C COURT, MYSURU FOR THE OFFENCE P/U/S 498A, 504, 506 R/W 34 OF IPC AND SEC.3, 4 OF D.P ACT OF MYSURU CITY P.S. IN CRL.P NO. 8955/2025 BETWEEN: MOHAMMED SALID @ SALID, S/O. MOHAMMED ALI, AGED ABOUT 33 YEARS, R/AT NO. 3111, KT STREET, MANDI MOHALLAL, MYSURU DISTRICT-570 021. ...PETITIONER (BY SRI. LETHIF B., ADVOCATE) - 3 - HC-KAR NC: 2025:KHC:27089 CRL.P No. 12060 of 2023 C/W CRL.P No. 8955 of 2025 AND: 1. STATE OF KARNATAKA REP. BY MYSURU CITY POLICE STATION, MYSURU CITY, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. MOMINA BEGUM, W/O SALIDH, AGED ABOUT 28 YEARS, R/AT NO.119, 3RD CROSS, DEVNOOR LAYOUT, RAJEEVNAGAR, 1ST PHASE, MYSURU -570 019. ...RESPONDENTS (BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1, SRI.MUDDASIR ALI KHAN., ADV. FOR R2) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.150/2023 ARISING OUT OF MYSURU CITY P.S., PENDING ON THE FILE OF VII ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT, MYSURU, FOR THE OFFENCES P/U/S 498(A), 504,506 R/W 34 OF IPC, U/S 3 AND 4 OF D.P ACT. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MS. JUSTICE J.M.KHAZI ORAL ORDER The petitioners in CRL.P.No.12060/2023 who are accused Nos.2 to 4 are present physically. - 4 - HC-KAR NC: 2025:KHC:27089 CRL.P No. 12060 of 2023 C/W CRL.P No. 8955 of 2025 2. The petitioner who is accused No.1 in CRL.No.8955/2025 is present through video conference. 3. Respondent No.2 who is defacto-complainant is also present. 4. Learned counsel for the petitioners present. 5. Sri.Muddasir Ali Khan, learned counsel has filed vakalath for respondent No.2 in CRL.P No.8955/2025. 6. These petitions are filed by accused Nos.1 to 5 under Section 482 of Cr.P.C, to quash the criminal proceedings in C.C.No.150/2023, for the offences punishable 498A, 504, 506 r/w Section 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act. 7. Separate compromise petitions are filed under Section 482 of Cr.P.C. In Crl.P.No.12060/2023, petitioners/accused Nos.2 to 4 have filed affidavit. In both petitions respondent No.2 has filed separate affidavits. - 5 - HC-KAR NC: 2025:KHC:27089 CRL.P No. 12060 of 2023 C/W CRL.P No. 8955 of 2025 8. The terms of the affidavit filed by respondent No.2 reads as under: "I, Momina Begum, W/o Salidh, D/o. Khaleel Ahmed, Aged about 28 year, R/at No.119, 3rd cross, Devnoor Layout, Rajeevnagar, 1st phase, Mysuru - 570 019, Today at Bengaluru, do hereby solemnly affirm and state on oath as follows. 1. I state that, I am the complainant/Respondent No.2 in the above case and I know the facts and circumstances of the case. Hence I am deposing hereunder. 2. I state that, our dispute has been resolved with the intervention of the family members and I have received a sum of Rs.11,00,000/- as a permanent alimony by way of demand draft from my husband as a full and final settlement. 3. I state that, I have agreed to dissolve out marriage with accused No.1 by way of Kula or Talak and also filing a petition before the family court at Mysuru by mutual consent. 4. I state that, I have no objection to dissolve our marriage and withdraw the allegations in the complaint and charge sheet and I have no objection to quash the proceedings against the petitioners. 5. I state that, I had decided to give quietus to the dispute by withdrawing the allegation and I have no objection to quash the proceedings against the petitioners. 6. I state that, I know the contents of the affidavit; I have signed this affidavit with my free consent without any force, threat, coercion, and undue influence. - 6 - HC-KAR NC: 2025:KHC:27089 CRL.P No. 12060 of 2023 C/W CRL.P No. 8955 of 2025 Wherefore, I most humbly pray that this Hon'ble Court may be pleased to permit to compound the offence consequently quash the proceedings in C.C No.150/2023 on the file of VII Additional Senior Civil Judge and J.M.F.C Court, Mysuru for the offence punishable under Section 498A, 504, 506 r/w 34 of IPC and Section 3, 4 of D.P.Act of Mysuru City Police Station, in the interest of justice". 9. On enquiry respondent No.2 submits that she has settled the matter for a sum of Rs.11,00,000/- and out of it today before this Court she is reporting the receipt of demand draft of Rs.6,00,000/- bearing Nos.148986 and 148987. She further submits that remaining payment of Rs.5,00,000/- would be made to her before the Family Court. 10. Respondent No.2/complainant admits the compromise and submits that she has no objection to allow the petitions. The terms and conditions of compromise are legal and equitable. The same is accepted and accordingly, following: - 7 - HC-KAR NC: 2025:KHC:27089 CRL.P No. 12060 of 2023 C/W CRL.P No. 8955 of 2025 ORDER (i) The petitions filed under Section 482 Cr.P.C, are allowed. (ii) The entire proceedings in C.C.No.150/2023 on the file of VII Additional Senior Civil Judge and J.M.F.C Court, Mysuru, is hereby quashed. (iii) The Registry is directed to send copy of this order to the trial Court forthwith. (iv) In view of the disposal of petition, pending application/s, if any, stands disposed off, as no separate order is required. Sd/- (J.M.KHAZI) JUDGE KBM List No.: 1 Sl No.: 40