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2025 DAILYLAW 82510 (KAR)

MR. MOHAMMED TAUSIF v. STATE OF KARNATAKA

WP/28959/2023 · 2025-11-03

M I Arun

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.28959 OF 2023 (GM-RES) C/W WRIT PETITION NO.28769 OF 2023 (GM-RES) IN WP No.28959/2023 BETWEEN: 1. MR. MOHAMMED TAUSIF AGED 35 YEARS, R/AT NO.6/A, 3RD CROSS, 3RD MAIN ROAD, ITI LAYOUT, NAYANDAHALLI, BANGALORE-560 039. …PETITIONER (BY SRI GANAPATHI BHAT, ADVOCATE FOR SMT. RACHITHA RAJSHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH CHANDRA LAYOUT POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01. Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 2. ZAIBA BAKTHIYAR AGED 30 YEARS, W/O MUHAMMAD TOUSIF, NO.12-1-21/A, NEAR TB CROSS, EXTENSION MOHALLA, RAMANAGARA-562 159. …RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP., FOR R.1; SRI N.S. SRIHARI, ADVOCATE FOR R.2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR DATED 29-11-2022 IN CRIME NO.0339/2022 OF BASAVANAGUDI WOMEN POLICE STATION VIDE ANNEXURE-A FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 500, 504, 506 IPC AND SECTIONS 3 AND 4 OF THE DV ACT IN SO FAR AS THE PETITIONER IS CONCERNED, ETC. IN WP NO.28769/2023 BETWEEN: 1. SMT. FAREEDA BEGUM C/O MOHABOOB SAB AGED 64 YEARS, R/AT NO.6/A, 3RD MAIN, 3RD CROSS, I T I LAYOUT, BENGALURU, KARNATAKA-560 039. - 3 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 2. SRI MOHAMMAD YASIN AGED 30 YEARS, S/O ANWAR JAN, NO.244, BCC LAYOUT, 2ND STAGE, 18TH CROSS, CHANDRA LAYOUT, BANGALORE SOUTH, BANGALORE-560 039. 3. SRI MOHAMMAD AZHAR AGED 26 YEARS, S/O ANWAR JAN, #6/A, 3RD MAIN, 3RD CROSS, ITI LAYOUT, BANGALORE-560 039. 4. SRI ANWAR JAN AGED 66 YEARS, NO.6/A, 3RD MAIN, 3RD CROSS, ITI LAYOUT, BANGALORE-560 039. 5. SRI NAZEER AHMAD AGED 55 YEARS, S/O MAHABOOB SAHAB, NO.17, GROUND FLOOR, 1ST MAIN ROAD, 17TH CROSS, BAUJI NAGAR BANGALORE-560 026. 6. SRI ANSARA PASHA AGED 55 YEARS, S/O MAHABOOB, NO.1264 11TH CROSS, NEAR SIDDAGANGA PUBLIC SCHOOL CHANDRA LAYOUT, BANGALORE - 4 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 KARNATAKA-560 039. 7. SMT. ASMA @ NOOR FATHIMA AGED 32 YEARS, GANAPATHI TEMPLE ROAD NEAR RAGHAVENDRA TEMPLE SIRA, KARNATAKA-560 039. 8. SMT. YAASMIN @ GOWHAR JAHAN AGED 50 YEARS, W/O. M. ANSAR PASHA, NO.1264 11TH CROSS, NEAR SIDDAGANGA PUBLIC SCHOOL CHANDRA LAYOUT, BANGALORE KARNATAKA-560 039. 9. SRI AZHAR PASHA AGED 57 YEARS, S/O MAHABOOB SAHEB, NO.244, 18TH CROSS, BCC LAYOUT, 2ND STAGE, CHANDRA LAYOUT, BANGALORE-560 039. 10. SRI NAJAM UNNISA AGED 79 YEARS, W/O. MAHABOOB, NO.1264, 11TH CROSS, NEAR SIDDAGANGA PUBLIC SCHOOL, 1ST PHASE, 1ST STAGE, CHANDRA LAYOUT, BANGALORE-560 072. ...PETITIONERS - 5 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 (BY SRI GANAPATHI BHAT, ADVOCATE FOR SMT. RACHITHA RAJASHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH BASAVANAGUDI WOMEN POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-01. 2. ZAIBA BAKTHIYAR AGED 30 YEARS, W/O. MUHAMMAD TOUSIF, NO.12-1-21/A, NEAR TB CROSS, EXTENSION MOHALLA, RAMANAGARA-562 159. ...RESPONDENTS (BY SRI. K. NAGESHWARAPPA, HCGP., FOR R.1; SRI N.S. SRIHARI, ADVOCATE FOR R.2.) THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT DATED 29.11.2022 IN CRIME NO.0339/2022 OF BASAVANAGUDI WOMEN POLICE STATION VIDE ANNEXURE-A FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 500, 504, 506 IPC AND SECTIONS 3 AND 4 OF THE DV ACT IN SO FAR AS THE PETITIONERS ARE CONCERNED, ETC. THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 6 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 CORAM: HON'BLE MR. JUSTICE M.I.ARUN ORAL ORDER 1. The petitioner in W.P.No.28959/2023 and respondent No.2/complainant are husband and wife. The petitioners in W.P.No.28769/2023 are the relatives of the husband. There was a matrimonial dispute between the husband and wife, resulting in offences being alleged against the husband and his relatives. It resulted in filing of an FIR initially by way of Crime No.339/2022 on the file of the XXXVIII Additional Chief Metropolitan Magistrate, Bangalore. Aggrieved by the same, the husband and his relatives have preferred the aforementioned writ petitions with a prayer to quash the proceedings initiated pursuant to the FIR. In the meanwhile, after investigation, a police report has been submitted to the Court, wherein the petitioners have been charged for the offences punishable under Sections 498A, 354, 500, 504 and 506 of the IPC, 1860 along with Sections 3 and 4 of the Dowry Prohibition Act, 1961. - 7 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 2. It is now submitted by both the petitioners and the complainant counsel that the husband and wife have resolved their disputes amicably, and have decided to continue their relationship as husband and wife, and in the interest of both the parties, they together pray that the petitions be allowed as prayed for, and the criminal proceedings initiated against the petitioners be quashed. They have filed a joint application dated 03.11.2025 in this regard. 3. It is seen that the criminal proceedings are pursuant to the matrimonial dispute between the husband and wife, and no heinous offences are alleged against the petitioners. Under the circumstances, in order to facilitate peaceful and harmonious living of the petitioners as well as the complainant, the interest of justice requires that the criminal proceedings against the husband and his relatives are to be quashed. 4. The learned High Court Government Pleader appearing for respondent No.1 has no objection for the same. 5. Hence the following:- - 8 - HC-KAR NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023 ORDER i. The petitions are allowed. ii. The proceedings initiated pursuant to the FIR in Crime No.339/2022 by respondent No.1-police insofar as it relates to the petitioners are concerned stand quashed. iii. Consequently, proceedings in C.C.No.4141/2024 pending on the file of XXXVII Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru, insofar as it relates to the petitioners are concerned stand quashed. Sd/- (M.I.ARUN) JUDGE VMB List No.: 1 Sl No.: 33