Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:32330 CRL.P No. 3080 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MS. JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 3080 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN:
1.
MR. ASSAD SHACOOR, S/O LATE SAJJAD AHMED, AGED 36 YEARS,
2.
SMT. AZRA SAJJAD W/O LATE SAJJAD AHMED, AGED 63 YEARS,
3.
MS. SABRINA SAJJAD D/O LATE SAJJAD AHMED, AGED 32 YEARS,
PETITIONERS NO.1 TO 3 ARE R/AT NO.502, REDIFICE ARLINGTON, 38, PROMENANDE ROAD, FRAZER TOWN, BANGALORE - 560 005.
4.
MRS. SANA SAMEER PATEL ALIAS SANA SAJJAD W/O SAMEER PATEL, AGED 38 YEARS, R/O NO. 502, REDIFICE ARLINGTON, 38, PROMENANDE ROAD, FRAZER TOWN,
Digitally signed by REKHA R Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:32330 CRL.P No. 3080 of 2023
BANGALORE - 560 005.
ALSO R/AT FLAT NO. 302, ESMERALDA APTS ST. JOHNS BAPTIST ROAD MUMBAI - 400 050. …PETITIONERS (BY SRI. MAHESH S AND CO.,ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY EAST ZONE WOMEN PS, PULIKESHINAGAR SUB-DIVISION, BENGALURU CITY, REP BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2.
SMT. HUDA ASSAD SHAKOOR, W/O ASSAD SHAKOOR, AGED ABOUT 27 YEARS, NO. 42/2, 1ST CROSS, SHAH LAYOUT, VIVEKANANDA NAGAR, BENGALURU CITY - 560 033.
…RESPONDENTS (BY SRI.B.LAKSHMAN, HCGP FOR R1)
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE REGISTRATION OF FIR IN CRIME NO.0027/2023 REGISTERED BY THE 1ST RESPONDENT EAST ZONE WOMEN POLICE STATION, BENGALURU CITY, FOR OFFENCES U/S.
498A, 323, 506 R/W 34 OF I.P.C PENDING BEFORE THE 6TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE COURT,
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HC-KAR NC: 2025:KHC:32330 CRL.P No. 3080 of 2023
NRUPATHUNGA ROAD, BANGALORE CITY, AND GRANT RELIEFS TO THE PETITIONERS HEREIN.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MS. JUSTICE J.M.KHAZI
ORAL ORDER Petitioners No.1 and 3 are present.
2.
Learned counsel for the petitioners and learned High Court Government Pleader for respondent No.1/State are present. 3. It is submitted by the learned counsel for the petitioners that it is a matrimonial dispute. Petitioner No.1/accused No.1 is the husband, petitioner No.2/accused no.2 is the mother-in-law and petitioner Nos.3 and 4/accused Nos.3 and 4 are the sisters-in-law of respondent No.2. The marriage between the petitioner No.1/accused No.1 and respondent No.2 is annulled in O.S No.169/2023, as per the memorandum of settlement
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HC-KAR NC: 2025:KHC:32330 CRL.P No. 3080 of 2023
under Section 89 of CPC filed in the said suit. Copy of the same is produced along with memo dated 11.08.2025. As per para No.9 of the settlement, respondent No.2 has undertaken to withdraw the complaints if any, pending against the petitioners. It is submitted that, now she is not coming forward to reporting the settlement before this Court and withdraw the complaint. 4. Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1/State. 5. Though notice is duly served on respondent No.2, she has not appeared. 6. From the material placed on record, it is evident that the marriage between accused No.1 and respondent No.2 was Solemnized about two years prior to the filing of the complaint. It is alleged that after the marriage, the accused persons started threatening her and used to assault her. The accused persons were not happy with the
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HC-KAR NC: 2025:KHC:32330 CRL.P No. 3080 of 2023
fact that she became pregnant. For delivery, she went to her parents house. It is alleged that though accused No.1 and his family members were visiting respondent No.2, they used to quarrel. About two weeks prior to the filing of complaint accused Nos.1, 3 and 4 visited respondent No.2 and quarreled with her. Accused No.3 hit on the stomach of respondent No.2. About one week prior to the filing of the complaint, accused No.1 visited respondent No.2 in an inebriated condition and tried to snatch away the child. Unable to bear the harassment, Respondent No.2 consumed poison. After receipt of MLC report, when the concerned police visited the hospital, they recorded her statement and based on it initiated an investigation. 7. From the material placed on record, it is also evident that accused No.1 filed O.S.No.169/2023, seeking dissolution of marriage.
In the said suit, the parties have entered into a compromise through mediation. As per the terms of the settlement, respondent No.2 has undertaken to withdraw all the criminal cases filed against petitioners. - 6 -
HC-KAR NC: 2025:KHC:32330 CRL.P No. 3080 of 2023
It appears after grant of decree of divorce, respondent No.2 is not interested in prosecuting the present complaint. Despite service of notice, she has not appeared before the Court to resist the present petition. 8. In the light of the settlement entered into between the parties, continuation of the present proceedings would amount to abuse of the process of the Court and no purpose would be served by keeping alive the dispute between them. Consequently, the petition deserves to be allowed and accordingly the following:
ORDER (i) Petition filed by the petitioner/accused Nos.1 to 4 under Section 482 Cr.P.C is allowed. (ii) The criminal proceedings in Cr.No.27/2023 of East Zone Women PS, Bengaluru City on the file of VI ACMM, Bengaluru, for the offences punishable under Section 498-A,
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HC-KAR NC: 2025:KHC:32330 CRL.P No. 3080 of 2023
323, 506 r/w Section 34 IPC is hereby quashed. (iii) The Registry is directed to send a copy of this order to the trial Court through email.
Sd/- (J.M.KHAZI) JUDGE
KBM/RR List No.: 1 Sl No.: 31