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2025 DAILYLAW 80750 (KAR)

MR MOHAMMED NAQEEB PASHA v. THE STATE OF KARNATAKA

CRL.P/12478/2025 · 2025-11-03

Mohammad Nawaz

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:44111 CRL.P No. 12478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12478 OF 2025 BETWEEN: 1. MR. MOHAMMED NAQEEB PASHA S/O SARDAR PASHA K.B., AGED ABOUT 28 YEARS, 2. MR. SARDAR PASHA K.B. S/O BAKA SAB, AGED ABOUT 58 YEARS, 3. MRS. RESHMA SULTANA W/O MR. SARDAR PASHA K.B., AGED ABOUT 54 YEARS, PETITIONER NOS.1 TO 3 ARE RESIDING AT NO.11, 10TH MAIN ROAD, KANAKAPURA, J.P. NAGAR POST, BANGALORE-560 079. 4. MRS. MAZNA FATHIMA W/O SYED ZIA RAHMAN, AGED ABOUT 26 YEARS, RESIDING AT NO.203, 5TH MAIN ROAD, BYRASANDRA, JAYANAGAR 1ST BLOCK EAST, BANGALORE-560 011. …PETITIONERS (BY SRI. KHOT ARJUN RAMA, ADVOCATE (P/H)) Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:44111 CRL.P No. 12478 of 2025 AND: 1. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01. 2. SMT. SYEDA FARHEEN D/O SYED ZABIULLA, AGED ABOUT 24 YEARS, R/AT NO.27, RAILWAY MENS LAYOUT, KRISHNAPPA LAYOUT, TANISANDRA, NAGAVARA MAIN ROAD, BANGALORE-560 077. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H);) SRI. SYED KHALEEL PASHA, ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF XXXVII ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.15396/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A, 504, OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:44111 CRL.P No. 12478 of 2025 CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition under Section 482 of Cr.P.C., is filed by the petitioners, seeking to quash the entire proceedings pending on the file of XXXVII Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.15396/2024 registered for the offence punishable under Section 498A, 504 of IPC and Section 3 and 4 of the Dowry Prohibition Act. 2. Respondent No.2 is the defacto complainant., who set the law into motion, based on which FIR in Crime No.37/2023 is registered at Basavanagudi Police Station, against the petitioners for the aforementioned offences. 3. Learned counsel for petitioners and learned counsel for respondent No.2 would submit that the matter has been settled between the parties before the Family Court at Bengaluru in Crl. Misc No.179/2023, wherein a joint memo was filed on 19.07.2024. - 4 - HC-KAR NC: 2025:KHC:44111 CRL.P No. 12478 of 2025 4. The joint memo filed before the 1st Family Court at Bengaluru in Crl.Misc No.179/2023 and the order dated 19.07.2024 passed in the said case are enclosed. 5. The joint memo reads as under: “The parties in the above matter respectfully submit as follows 1. At the intervention of the well wishers, the Petitioner and the Respondent herein have settled the dispute in the following manner. 2. It is submitted that the Petitioner and the Respondent are husband and wife their marriage. 6/04/2019 in accordance with Shariath governed by Mohammed law, out of the wed lock no issues. 3. In view of the above facts by virtue of this above joint memo, the Petitioner and the Respondent have agreed and undertake to withdraw all civil, criminal cases, family court cases and cases filed under DV Act if pending before any court of law. 4. The counsel for the petitioner and respondent here with proceedings before this honorable Court may be pleased to close the petitioner case in the - 5 - HC-KAR NC: 2025:KHC:44111 CRL.P No. 12478 of 2025 view of settlement the matter in the mediation in the end of Justice. 5. In view of the joint memo the above memo the Petitioner and the Respondent confirm that they have no claim against each other. Wherefore, the parties above named respectfully prayed that this Hon'ble court may be pleased to dispose off the above case as withdrawn interest of justice.” 6. Petitioners as well as respondent No.2 are present before the Court. They submit that the dispute has been settled. 7. Respondent No.2, present before the Court, submits that in view of the settlement, she is not interested in proceeding with the matter any further and she has no objection to quash the proceedings initiated against the petitioners. 8. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes - 6 - HC-KAR NC: 2025:KHC:44111 CRL.P No. 12478 of 2025 90(SC), has held that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing the ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR.’ 9. The matter arises out of a matrimonial dispute, wherein parties have settled the dispute. They have filed a joint memo before the Family Court, Bengaluru. In view of the settlement, no useful purpose will be served in continuing the proceedings pending against the petitioner. Hence, in the interest of justice, it is expedient to quash the proceedings. Accordingly, the following: - 7 - HC-KAR NC: 2025:KHC:44111 CRL.P No. 12478 of 2025 ORDER Petition is allowed. The entire proceedings pending on the file of XXXVII Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.15396/2024, against the petitioners, are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 27