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2026 DAILYLAW 12807 (KAR)

MOHAMMAD RIYAZ v. STATE OF KARNATAKA

CRL.P/1984/2026 · 2026-03-09

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:14144 CRL.P No. 1984 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF MARCH, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1984 OF 2026 BETWEEN: 1. MOHAMMAD RIYAZ S/O LATE M SHEKABBA, AGED ABOUT 42 YEARS, R/AT 5-18/2, ASIF COTTAGE THARIKAMBLA, BAJPE, MANGALURU DAKSHINA KANNADA - 574 142 2. MRS.AMINA W/O LATE M SHEKABBA AGED ABOUT 66 YEARS, R/AT 5-18/2, ASIF COTTAGE THARIKAMBLA, BAJPE, MANGALURU DAKSHINA KANNADA -574142 3. MR.ABDUL NAZEER S/O LATE M SHEKABBA, AGED ABOUT 50 YEARS, R/AT 5-18/2, ASIF COTTAGE THARIKAMBLA BAJPE, MANGALURU DAKSHINA KANNADA -574142 4. MRS.ZAREEBA BANU W/O ABDUL NAZEER AGED ABOUT 45 YEARS, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:14144 CRL.P No. 1984 of 2026 R/AT 5-18/2, ASIF COTTAGE THARIKAMBLA, BAJPE, MANGALURU DAKSHINA KANNADA -574142 5. MR.MOHAMMED HANEEF S/O LATE M SHEKABBA, AGED ABOUT 49 YEARS, R/AT 5-18/2, ASIF COTTAGE THARIKAMBLA, BAJPE, MANGALURU DAKSHINA KANNADA -574142 6. MRS.MASOODA BANU W/O MOHAMMED HANEEF. AGED ABOUT 43 YEARS. R/AT 5-18/2, ASIF COTTAGE THARIKAMBLA. BAJPE, MANGALURU DAKSHINA KANNADA -574142 7. MR.MOHAMMED ASIF S/O SHEKABBA AGED ABOUT 43 YEARS. R/AT 5-18/2, ASIF COTTAGE THARIKAMBLA. BAJPE, MANGALURU DAKSHINA KANNADA -574142 8. MRS.RAZIYA W/O ABUBAKKAR. AGED ABOUT 50 YEARS. R/AT 1-27/1, JARINAGARA. KALLODYBAJPE. NEAR POPULAR SCHOOL, MALAVOOR, KENJAR, BAJPE. DAKSHINA KANNADA - 574 142 9. MRS.ZEENATH W/O HASANABBA, AGED ABOUT 44 YEARS, - 3 - HC-KAR NC: 2026:KHC:14144 CRL.P No. 1984 of 2026 R/AT NO.1-198, KAJE HOUSE, VALPADI, MANGALURU TALUK. DAKSHINA KANNADA - 574 236 10. MR. HASANABBA S/O ABDUL RAHIMAN, AGED ABOUT 54 YEARS, R/AT NO. 1-198, KAJEMANE, MANGALURU TALUK VALPADY DAKSHINA KANNADA-574236 …PETITIONERS (BY SRI. S. RAJASHEKAR, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BAJPE PS, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU - 560 001 2. MRS.NASEEMA BANU, D/O B H MOIDIN, AGED ABOUT 40 YEARS, R/AT RAMLATMANZIL, ANGARA GUNDI, BAIKAMPADY MANGALURU - 575 003 …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1 SMT. POOJA KATTIMANI, ADVOCATE FOR SRI. DINESH KUMAR RAO K., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH - 4 - HC-KAR NC: 2026:KHC:14144 CRL.P No. 1984 of 2026 THE CHARGE SHEET FILED IN C.C.NO.629/2025 PENDING ON THE FILE OF THE JMFC VI COURT, MANGALURU (EARLIER C.C.NO.683/2015 IN CRIME NO.210/2014 OF BAJPE P.S.,PENDING BEFORE JMFC II, MANGALURU) REGISTERED FOR THE OFFENCE P/U/S/ 498-A,323,504,506 R/W SEC.34 OF IPC 1980 AND SEC.3,4 OF DP ACT 1961. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question the proceedings in C.C.No.629/2025 (earlier C.C.No.683/2015)in Crime No.210/2014 of Bajpe Police Station, pending on the file of JMFC, VI Court, Mangaluru, registered for the offences punishable under Sections 498A, 504, 323 and 506 of IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri. S.Rajashekar, learned counsel appearing for the petitioners, Sri. Anoop Kumar, learned High Court Government Pleader appearing for respondent No.1, Smt. Pooja Kattimani, learned counsel appearing for Sri Dinesh Kumar Rao - 5 - HC-KAR NC: 2026:KHC:14144 CRL.P No. 1984 of 2026 K., learned counsel for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows: "JOINT AFFIDAVIT ." We. MOHAMMAD RIYAZ, S/o Late M Shekabba. Aged about 42 years. R/at 5-18/2, Asif Cottage. Tharikambla. Bajpe. Mangaluru, Dakshina Kannada-574142 and MRS.NASEEMA BANU. D/o B.H.Moidin, Aged about 40 years. R/at Ramlat Manzil, Angara Gundi, Baikampady. Mangaluru 575 003. do hereby solemnly affirm and state on oath as follows: 1. We state that the first of us is the 1ª petitioner and the second of us is the 2nd respondent in the above case and we are acquainted with the facts of the case and as such, we are swearing this Affidavit. 2. We submit that the present Petition is filed by the Petitioners seeking to quash the entire proceedings in C.C. No. 629/2025 (earlier C.C. No.683/2015) in Crime No. 210/2014 of Bajpe PS pending on the file of the JMFC, VI Court, Mangaluru pursuant of the registration of FIR in Crime No. 210/2014 of Bajpe Police Station for the offences punishable under Sections 498-A, 323, 504 and 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act on the basis of the complaint lodged by the 2ndof us. 3. 5 We submit that our marriage was solemnized on 23.05.2013. During the subsistence of the marriage due to difference of opinion, the 2nd of us filed a complaint dated 14.08.2024 against the Petitioner No.1 and other 11 accused before the Bajpe Police Station. Mangaluru and on the basis of the said complaint, the Bajpe Police have registered the FIR in Crime No. 210/2014 for the - 6 - HC-KAR NC: 2026:KHC:14144 CRL.P No. 1984 of 2026 offences punishable under Sections 143. 147. 504, 506. 323. 498-A and 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The jurisdictional Police, after conducting investigation filed the Charge Sheet dated 25.11.2014 on the file of the JMFC II Court, Mangaluru. During the pendency of the proceedings, accused Nos. 2 and 12 died. 4. We submit that during the pendency of the criminal proceedings, due to the intervention of elders, family friends, well-wishers and pursuant to the negotiations took place between the parties, we have decided to settle the dispute amicably and to put an end to the litigations and as such, we have entered into a compromise and we have also entered into Mubarat Nama dated 22-01-2026 by way of divorce on mutual consent and as per the terms of compromise 1st of us paid a sum of Rs.9.75.000/- to the 2nd of us towards her entire claim which includes maintenance, permanent alimony. The said amount is paid by way of DD dated 19-01-2026 bearing no. 624464 drawn on State Bank of India, Bajpe branch, Mangalore. 2nd of us admits the receipt of said consideration towards her full settlement. In view of the same, we do not have any objections to quash the proceedings in C.C. No.629/2025 pending on the file of JMFC VI Court. Mangaluru, (earlier CC No.683/2015 in Crime No. 210/2014 of Bajpe Police Station pending before JMFC II, Mangaluru) registered for the offences punishable under Sections 498A, 323, 504 and 506 of IPC, 1980 and Sections 3 & 4 of Dowry Prohibition Act, 1961 against the petitioners herein. 5. We state that there is no force or threat or coercion from anyone to settle the dispute and we have settled our dispute amicably. 6. All this is true and correct. WHEREFORE, we pray that this Hon'ble Court may kindly be pleased to allow the application, as prayed for, in the interest of justice and equity. We. MOHAMMAD RIYAZ and MRS.NASEEMA BANU, the deponents herein, do hereby declare that what is stated - 7 - HC-KAR NC: 2026:KHC:14144 CRL.P No. 1984 of 2026 in the above paragraphs are true to the best of our knowledge. information and belief." 4. In the light of application for compounding being filed along with the joint affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioners in the subject petition. 5. For the aforesaid reasons, the following: ORDER (i) Criminal Petition stands disposed. (ii) Proceedings pending in C.C.No.629/2025 (earlier C.C.No.683/2015)in Crime No.210/2014 of Bajpe Police Station, on the file of JMFC, VI Court, Mangaluru against the petitioners stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE HR