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2026 DAILYLAW 13901 (KAR)

DR SYED KHUDRATH ULLA v. STATE OF KARNATAKA

WP/43396/2018 · 2026-02-20

M G Uma

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:10669 WP No. 43396 of 2018 C/W CRL.P No. 1416 of 2020 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MRS. JUSTICE M G UMA WRIT PETITION NO. 43396 OF 2018 (GM-RES) C/W CRIMINAL PETITION NO. 1416 OF 2020 IN WP No. 43396/2018 BETWEEN: 1. DR SYED KHUDRATH ULLA SON OF LATE SYED RAHMAN, AGED ABOUT 42 YEARS, 2. MRS GOWHER JAN W/O LATE SYED RAHMAN, AGED ABOUT 65 YEARS, 3. SYED RIZWANULLA S/O LATE SYED RAHMAN, AGED ABOUT 39 YEARS, R/AT NO.19, 2ND FLOOR, 7-H CROSS, VINAYAKA NAGAR, J.P.NAGAR 5TH PHASE, BANGALORE-560078. …PETITIONERS (BY SRI. MUSHTAQ AHMED., ADVOCATE) AND: 1. STATE OF KARNATAKA WOMEN POLICE STATION, HASSAN - 573201. REP. BY POLICE INSPECTOR Digitally signed by PRASHANTH N V Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:10669 WP No. 43396 of 2018 C/W CRL.P No. 1416 of 2020 2. SMT SHAZIYA BANU WIFE OF DR. SYED KHUDRATHULLA, AGED ABOUT 30 YEARS, RESIDING AT NO.1310, 1ST FLOOR, UPSTAIR PANCHAKARMA CHIKITSE KENDRA, PWD COLONY CROSS, R.C.ROAD, HASSAN. …RESPONDENTS (BY SMT. SOUMYA R, HCGP FOR R1, SRI. LAKSHMIKANTH ARYA, ADVOCATE FOR R2) THIS W.P FILED PRAYING TO QUASH THE CHARGE SHEET FILED ON 19.12.2016 AGAINST THE PETITIONERS i.e. ANNEXURE-C IN CRIME NO.18/2016 C.C.NO.188/2017 PUNISHABLE UNDER SECTION 498-A, 504, 506 AND 34 OF IPC R/W SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT ON THE FILE OF 4TH ADDL CIVIL JUDGE AND JMFC, HASSAN ETC. IN CRL.P NO. 1416/2020 BETWEEN: 1. DR SYED KHUDRATH ULLA SON OF LATE SYED RAHMAN AGED ABOUT 42 YEARS, 2. SYED RIZWANULLA SON OF LATE SYED RAHMAN AGED ABOUT 39 YEARS, R/AT NO.19, 2ND FLOOR, 7-H CROSS, VINAYAKA NAGAR, J P NAGAR 5TH PHASE BANGALORE-560078 ...PETITIONERS (BY SRI. MUSHTAQ AHMED.,ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:10669 WP No. 43396 of 2018 C/W CRL.P No. 1416 of 2020 AND: 1. STATE OF KARNATAKA PUTTENAHALLI POLICE STATION BANGALORE 2. SMT SHAZIYA BANU W/O DR SYED KHUDRATHULLA AGED ABOUT 30 YEARS, RESIDING AT NO.1310 1ST FLOOR, UPSTAIR PANCHAKARMA CHIKISTE KENDRA PWD COLONY CROSS, R C ROAD, HASSAN-573201 ...RESPONDENTS (BY SMT. SOUMYA R, HCGP FOR R1, SRI. LAKSHMIKANTH ARYA, ADVOCATE FOR R2) CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT NO.1 AGAINST THE PETITIONER U/S. 341, 323, 354, 504, 506 R/W SEC. 34 OF IPC IN C.C.NO.15919/2019 IN CR.NO.131/2018 BEFORE THE 44TH ADDITIONAL CMM COURT AT BENGALURU. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MRS. JUSTICE M G UMA - 4 - HC-KAR NC: 2026:KHC:10669 WP No. 43396 of 2018 C/W CRL.P No. 1416 of 2020 ORAL ORDER Learned counsel for the petitioner and respondent No.2 submit in unison that, both the parties have settled the dispute amicably, and they have filed the joint memo to that effect. 2. Learned counsel for the petitioner and respondent No.2 filed the application under Section 482 read with Section 320 of Cr.P.C., seeking permission to compound the offences punishable under Sections 498-A, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act. 3. Petitioner No.1 and respondent No.2 are present before Court and are identified by their respective counsels. 4. The joint affidavit filed by petitioner No.1 and respondent No.2 reads as under: "I, SYED KHUDRATH ULLA, Son of late Syed Rahman, Aged about 49 years; R/at No.19, 2nd Floor, 7-H Cross, Vinayaka Nagar, J.P.Nagar 5th Phase, Bangalore-560 078 and Smt. SHAZIYA BANU w/o Dr. Syed Khudrathulla Aged about 38 years Residing at No.1310, 1st Floor Upstair Panchakarma Chikitse Kendra PWD Colony Cross, and R.C.Road Hassan do hereby solemnly affirm and state on oath as follows: - 5 - HC-KAR NC: 2026:KHC:10669 WP No. 43396 of 2018 C/W CRL.P No. 1416 of 2020 1. We summits that we are first petitioner and 2nd respondent in the above petition and we know the facts of the case, hence we are swearing to this affidavit. 2. the above petitioner is filed by the petitioner for quashing the charge sheet filed in cc no. 188/2017 the file of 4th Addl. Civil and JMFC at Hassan punishable under sections 498-A, 504, 506 R/w 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. 3. We submit that we are husband and wife we have separated by filing the divorce petition, and we are withdrawing the allegations with each other and Respondent no 2 withdrawing this complaint. Wherefore we pray that this Hon'ble court be pleased to quash the charge sheet in cc no. 188/2017 the file of 4th Addl. Civil and JMFC at HASSAN punishable under sections 498-A, 504, 506 R/w 34 of IPC and Section 3 and 4 of Dowry Prohibition Act. What is stated above are true and correct to the best of our knowledge, information and belief." 5. Petitioner No.1 and respondent No.2 submit that they have amicably settled the dispute and hence, the petition may be allowed. 6. Respondent No.2 specifically states that she received an amount of Rs.6,00,000/- from petitioner No.1 and today, she has received remaining amount of Rs.6,00,000/- from the petitioner No.1 by way of Demand Draft. She further - 6 - HC-KAR NC: 2026:KHC:10669 WP No. 43396 of 2018 C/W CRL.P No. 1416 of 2020 states that she has no objections to allow the petition and quash the criminal proceedings against the petitioner. 7. The said submissions are placed on record. 8. In view of the fact that the dispute between the parties is settled amicably, I deem it appropriate to allow the application filed by the learned counsel for the petitioner under Section 482 R/w Sec.320 of Cr.P.C., accordingly, the application is allowed. The parties are permitted to compound the offences. 9. Satisfied with the affidavit sworn by respondent No.2. Taking into consideration all these facts and circumstances, I am of the opinion that the petition may be allowed by quashing the criminal proceedings initiated against the petitioners on the basis of first information lodged by the complainant. 10. Hence, I proceed to pass the following: ORDER (i) Writ Petition is allowed. - 7 - HC-KAR NC: 2026:KHC:10669 WP No. 43396 of 2018 C/W CRL.P No. 1416 of 2020 (ii) The criminal proceedings initiated against the petitioners in Cr.No.131/2018 of Puttenahalli Police Station, pending on the file of the learned IV Additional Civil and JMFC, Hassan, registered for the offences punishable under Sections 498-A, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, is hereby quashed. SD/- (M G UMA) JUDGE JS List No.: 1 Sl No.: 11