Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 45576 (KAR)

SYED SARDAR AHMED v. STATE OF KARNATAKA

CRL.P/349/2025 · 2026-02-03

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 349 OF 2025 C/W CRIMINAL PETITION NO. 11020 OF 2025 IN CRL.P No. 349/2025 BETWEEN: 1. SYED SARDAR AHMED, S/O. S.A.RAZACK, AGED ABOUT 64 YEARS, 2. SADIYA MEHAR TAJ, W/O. SYED SARDAR AHMED, AGED ABOUT 51 YEARS, PETITIONER NOS.1 AND 2 ARE R/AT 1ST CROSS, ANEPALYA, NEELASANDRA, BENGALURU CITY – 560 047. 3. AMEENA RUQSAR, W/O SYED MATHEEN, AGED ABOUT 34 YEARS, R/AT: No.06, RAMAKRISHNA GARDEN, 2ND CROSS, SOUTH STREET, BEHIND UMER FAROOQ MASJID, NEELASANDRA, BENGALURU CITY – 560 047. Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 4. THANVEER AHMED, S/O CHOTE SAAB, AGED ABOUT 44 YEARS, R/AT BYLANARASAPURA BYLANARASAPURA POST, BENGALURU RURAL DISTRICT – 562 122. 5. RAFI AHMED, S/O SHAFI AHMED, AGED ABOUT 33 YEARS, R/AT NO.7/51, SOUTH CROSS STREET, NEELASANDRA, BENGALURU CITY – 560 047. …PETITIONERS (BY SRI. SRINIVASAN T., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY WOMEN POLICE STATION, TUMAKURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. BIBI HAJIRA, W/O SYED ZUNED AHMMAD, AGED ABOUT 28 YEARS, R/AT BEHIND HUDHA MASJID, 3RD CROSS, RAJEEVGANDHINAGARA, TUMKUR TOWN, TUMAKURU - 572 105. …RESPONDENTS (BY SRI K.NAGESHWARAPPA, HCGP FOR R1; SRI. ISMAIL ZABIULLA KHAZI, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS IN C.C. NO.261/2024 (CR NO. 126/2024), ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND J.M.F.C, TUMAKURU, REGISTERED FOR THE ALLEGED OFFENCE UNDER SECTIONS 498A, 323, 114, 504, 506 R/W SECTION 34 OF INDIAN PENAL CODE AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT AS AGAINST THESE PETITIONERS. IN CRL.P NO. 11020/2025 BETWEEN: SYED JUNAID AHMED, S/O SYED SARDAR AHMED, AGED ABOUT 32 YEARS, R/AT 1ST CROSS, ANEPALYA MAIN ROAD, NEELASANDRA, VIVEKNAGAR, BENGALURU CITY – 560 047 ...PETITIONER (BY SRI. SRINIVASAN T., ADVOCATE) AND: 1. STATE OF KARNATAKA, BY WOMEN POLICE STATION, TUMAKURU, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU – 560 001. 2. SMT. BIBI HAJIRA, W/O SYED JUNAID AHMED, AGED ABOUT 28 YEARS, R/AT BEHIND HUDHA MASJID, 3RD CROSS, RAJEEVGANDHINAGARA, TUMKUR TOWN, - 4 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 TUMAKURU – 572 105. ...RESPONDENTS (BY SRI. K.NAGESHWARAPPA, HCGP FOR R1; SRI. ISMAIL ZABIULLA KHAZI, ADVOCATE FOR R2) THE CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE PROCEEDINGS IN CC.NO.261/2024 (CR.NO.126/2024) OF WOMEN P.S. TUMAKURU REGISTERED FOR THE ALLEGED OFFENCE U/S. 498-A, 323, 114, 504, 506 R/W SEC. 34 OF IPC AND SEC.3 AND 4 D.P ACT, 1961, ON THE FILE OF THE II ADDL. SENIOR CIVIL JUDGE AND JMFC, TUMAKURU AS AGAINST THIS PETITIONER. THESE PETITIONS, COMING ON FOR ADMISSION, 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 proceedings in C.C.No.261/2024, pending before the II Addl. Senior Civil Judge and JMFC, Tumakuru, for the offences under Sections 498-A, 323, 114, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. - 5 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 2. Heard Sri.Srinivasan T, learned counsel appearing for the petitioners, Sri.K.Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. Ismail Zabiulla Khazi learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding applications along with the joint affidavit and the affidavit. The affidavit filed in Crl.P.No.349/2025 reads as follows: "AFFIDAVIT I, Smt. Bi BiHajira, W/o Syed Junaid Ahmed, aged about 28 years, R/at Behind Huda Masjid, Fred Cross, Rajiv Gandhi Nagar, Tumkur Town - 572105. now at Bengalurudo hereby solemnly affirm and declare as under, 1. I am Respondent No.2 in Crl.P. No.349/2025 pending before this Hon'ble Court. 2. My marriage with Syed Junaid Ahmed was solemnized on 19.03.2018 according to Islamic customs. 3. Two children were born out of the wedlock: Bi Bi Zainab, born on 24.08.2019; Noor Aayat, born on 16.10.2024. 4. Due to irreconcilable differences, the marital relationship between me and Syed Junaid Ahmed has - 6 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 broken down and we have mutually agreed to dissolve the marriage. 5. In the best interest of the minor children, I along with Syed Junaid Ahmed agreed as follows: a) Syed Junaid Ahmed shall have permanent custody of Bi Bi Zainab; b) Bi BiHajira shall have permanent custody of Noor Aayat. 6. Syed Junaid Ahmed has voluntarily handed over approximately 40 grams of gold jewellery to Bi BiHajira, who acknowledges receipt. No further claims shall subsist between the parties in respect of any gold, valuables, or articles. 7. I along with Syed Junaid Ahmed mutually agreed: a) Not to claim maintenance or alimony from each other; b) To waive all present and future claims over each other's property or assets. 8. I along with Syed Junaid Ahmed undertake not to interfere in each other's lives or initiate any litigation in future in respect of past matrimonial disputes, except for enforcement of this settlement. 9. This affidavit is executed voluntarily, with full understanding, and without any coercion." The Joint affidavit filed in Crl.P.No.11020/2025 reads as follows: "JOINT AFFIDAVIT We, 1. Syed Junaid Ahmed, S/o Syed Sardar Ahmed, aged about 32 years, R/at No.30, Cross, 1st Anepalya Road, Neelasandra, Viveknagar, Bengaluru - 560047 and Main - 7 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 2. Smt. Bi BiHajira, W/o Syed Junaid Ahmed, aged about 28 years, R/at Behind Huda Masjid, Fred Cross, Rajiv Gandhi Nagar, Tumkur Town - 572105. now at Bengaluru do hereby solemnly affirm and declare as under, 1. We are the Petitioner and Respondent, No.2 in Crl.P. No.10615/2025 pending before this Hon'ble Court. 2. Our marriage was solemnized on 19.03.2018 according to Islamic customs. 3. Two children were born out of the wedlock: 。 Bi Bi Zainab, born on 24.08.2019; 。 Noor Aayat, born on 16.10.2024. 4. Due to irreconcilable differences, the marital relationship between us has broken down and we have mutually agreed to dissolve the marriage. 5. In the best interest of the minor children, we have agreed as follows: a) Syed Junaid Ahmed shall have permanent custody of Bi Bi Zainab; b) Bi BiHajira shall have permanent custody of Noor Aayat. 6. Syed Junaid Ahmed has voluntarily handed over approximately 40 grams of gold jewellery to Bi BiHajira, who acknowledges receipt. No further claims shall subsist between the parties in respect of any gold, valuables, or articles. 7. Both parties have mutually agreed: a) Not to claim maintenance or alimony from each other; - 8 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 b) To waive all present and future claims over each other's property or assets. 8. We undertake not to interfere in each other's lives or initiate any litigation in future in respect of past matrimonial disputes, except for enforcement of this settlement. 9. This affidavit is executed voluntarily, with full understanding, and without any coercion." 4. Learned counsel for the respondent No.2- complainant submits that all the conditions drawn in terms of the settlement are complied. 5. In the light of applications for compounding being filed along with the joint affidavit/affidavit as afore-quoted and offences not being against the State, I deem it appropriate to accept the compounding applications and terminate the proceedings against the petitioners in the subject petitions. 6. For the aforesaid reasons, the following: ORDER i. Criminal Petitions are disposed. ii. In both the petitions, proceedings in C.C.No.261/2024 pending before the II Addl. - 9 - HC-KAR NC: 2026:KHC:6545 CRL.P No. 349 of 2025 C/W CRL.P No. 11020 of 2025 Senior Civil Judge and J.M.F.C, Tumakuru, stands quashed qua the petitioners. Ordered accordingly. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 1 Sl No.: 96