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2025 DAILYLAW 87413 (KAR)

SRI SYED JAINUL ABHIDIN @ SYED ZAINULABIDEEN v. STATE OF KARNATAKA

CRL.P/1619/2024 · 2025-09-11

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36111 CRL.P No. 1619 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 1619 OF 2024 BETWEEN: 1. SRI. SYED JAINUL ABHIDIN @ SYED ZAINULABIDEEN C/O SYED MUKTHEAR AHMED, AGED ABOUT 39 YEARS, R/AT NO.177/2, GROUND FLOOR, HRB LAYOUT, 2ND CROSS, 14TH MAIN ROAD, YASEEN NAGAR, BANGALORE-560045. 2. SMT. SABEEHA @ HABIBUNNISA W/O. SAIYAD MUKTHARA AHMEDA, AGED ABOUT 65 YEARS, R/A DOOR NO.27, STANDDAGE ROAD, FRAZER TOWN, ANNASAWMYA MUDAILIAR GENERAL HOSPITAL, FRAZER TOWN, BANGALORE-560005. 3. SMT. NAJMA @ SYEDA NASEEBUNNISA W/O SYED MUBHEEB S G, D/O SAIYAD MUKTHARA AHMEDA, AGED ABOUT 45 YEARS, R/A NO.FLAT NO.C4, ELEGANT ELITE, 3RD FLOOR, 3RD MAIN ROAD, MSH LAYOUT, NEAR SHIRDI SAI TEMPLE, ANAND NAGAR, BANGALORE NORTH, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:36111 CRL.P No. 1619 of 2024 PO:H A FARM, BANGALORE-560024. …PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMAN POLICE STATION, RAMANAGAR DISTRICT, REP BY STATE PUBLIC PROSECUTOR(SPP), HIGH COURT OF KARNATAKA, BANGALORE-560001. 2. SMT. HAJIRA ARBIN TAJ W/O SYED ZAINULABAIDEEN @ FARAHAN D/O ABDUL SATTAR AGED ABOUT 34 YEARS R/A NO.4689, WARD NO.10 MADAR KHAN KHAN MOHAL, RAMANAGAR TOWN, RAMANAGAR DISTRICT-562159. …RESPONDENTS (BY SRI. RAHUL RAI, HCGP FOR R1; SRI. BASAVARAJU P., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C. PRAYING TO QUASH THE CHARGE SHEET IN C.C.NO.815/2023, PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC, RAMANAGARA, FOR THE OFFENCE P/U/S 498A, 323, 504, 506 R/W SEC. 34 OF IPC AND SEC.3 AND 4 OF D.P. ACT, VIDE ANNEXURE-A, CONSEQUENTLY, QUASH THE FIR AND COMPLAINT IN CR.NO.89/2022 REGISTERED BY THE RAMANAGARA WOMEN P.S., RAMANAGARA DISTRICT DATED 22.07.2022 VIDE ANNEXURE-B AND C RESPECTIVELY. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36111 CRL.P No. 1619 of 2024 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the husband, mother-in-law and sister-in-law of respondent No.2/complainant. 2. Today, an application is moved on behalf of the parties under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 320 of the Code of Criminal Procedure, accompanied by a joint memo duly signed by both sides. The respondent No.2/complainant is present before this Court. On being specifically questioned, she submits that the dispute between herself and the petitioner, her husband, has been amicably resolved. She further states that, in terms of the settlement, the petitioner has paid a sum of Rs.10,00,000/- to her by way of a demand draft. The said demand draft, drawn in her name, has been produced and handed over to the complainant in the open Court. In the joint memo filed along with the application, respondent - 4 - HC-KAR NC: 2025:KHC:36111 CRL.P No. 1619 of 2024 No.2 has also declared that she has received all her personal articles and has no subsisting claims against the petitioner. 3. In light of the above settlement, respondent No.2 has unequivocally expressed that she has no objection to the quashing of the criminal proceedings in C.C.No.815/2023 pending before the learned Principal Civil Judge and JMFC, Ramanagara. The record discloses that the allegations in the said proceedings stem from a matrimonial discord between the parties and no heinous or serious offence is involved. Having regard to the fact that the parties have resolved their disputes amicably, the complainant has received the entire settlement amount, and continuance of the prosecution would serve no useful purpose, this Court is satisfied that the ends of justice warrant exercise of the inherent jurisdiction under Section 482 of the Code of Criminal Procedure to bring the proceedings to an end. - 5 - HC-KAR NC: 2025:KHC:36111 CRL.P No. 1619 of 2024 4. Accordingly, this Court proceeds to pass the following: ORDER (i) The petition is allowed; (ii) The criminal proceedings in C.C. No.815/2023 on the file of the learned Principal Civil Judge and JMFC, Ramanagara, for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the Indian Penal Code and under Sections 3 and 4 of the Dowry Prohibition Act, in so far as they relate to the petitioners, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE CA List No.: 4 Sl No.: 3