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2026 DAILYLAW 46856 (KAR)

SRI SHAIK LAIQUE AHMED v. STATE OF KARNATAKA

CRL.P/1838/2023 · 2026-02-04

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:6834 CRL.P No. 1838 of 2023 C/W CRL.P No. 9878 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 1838 OF 2023 (482(Cr.PC) / 528(BNSS) C/W CRIMINAL PETITION NO. 9878 OF 2022 (482(Cr.PC) / 528(BNSS) IN CRL.P No. 1838/2023 BETWEEN: SRI. SHAIK LAIQUE AHMED S/O S .K NAZEER BASHA AGED ABOUT 34 YEARS, RESIDING AT NO. 38/78 AZIZ MULK, 3RD STREET, THOUSAND LIGHT, CENNAI - 600 006, ALSO AT OLD NO.04, NEW NO.08, AZIZ MULK, 8TH STREET, THOUSAND LIGHTS, GREAMS ROAD, CHENNAI, TAMIL NADU STATE - 600 006 …PETITIONER (BY SRI. SYED KHAMRUDDIN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST ZONE WOMEN POLICE STATION PULIKESHINAGAR SUB-DIVISION, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:6834 CRL.P No. 1838 of 2023 C/W CRL.P No. 9878 of 2022 BENGALURU - 560 001 REPRESENTED BY SPP, HIGH COURT OF KARNATAKA BENGALURU. 2. SMT. SYEDA SALMA SADIYA DAUGHTER OF SYED PASHA, AGED ABOUT 31 YEARS R/T NO. 2629, 37th CROSS, 9th BLOCK, JAYANAGAR, BENGALURU - 560 069. …RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR, COMPLAINT, CHARGE SHEET AND ALL FURTHER PROCEEDINGS IN C.C.NO.13924/2021 (ANNEXURE - A, B, C AND D) FOR THE OFFENCE P/U/S 498A, 377, 323, 354 AND 506 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT, SO FAR AS THE PETITIONERS ARE CONCERNED, PENDING BEFORE THE VI ADDL.C.M.M., BENGALURU. IN CRL.P NO. 9878/2022 BETWEEN: 1. SRI. S.K. NAZEER BASHA S/O SHAIK RAHMATHUMIA SAHEB AGED ABOUT 72 YEARS 2. SMT. BEGUM JAN W/O S.K. NAZEER BASHA AGED ABOUT 65 YEARS 3. SMT. RAHELA FATHIMA W/O MR. FAYAZUDDIN D/O MR. S.K. NAZEER BASHA - 3 - HC-KAR NC: 2026:KHC:6834 CRL.P No. 1838 of 2023 C/W CRL.P No. 9878 of 2022 NOS. 1 TO 3 RESIDING AT NO.8, AZIZ MULK, 8TH STREET THOUSAND LIGHTS CHENNAI - 600 006. 4. SRI. FEROZ NAWAZ KHAN S/O SRI. YAKUB NAWAZ KHAN AGED ABOUT 69 YEARS 5. SMT. KURSHEED BEGUM W/O SRI. FEROZ NAWAZ KHAN AGED ABOUT 62 YEARS 6. SMT. SHANAWAZ BEGUM DAUGHTER OF MR. HUSSAIN KHAN AGED ABOUT 65 YEARS 7. SMT. REHANA BEGUM DAUGHTER OF MR. HUSSAIN KHAN AGED ABOUT 65 YEARS NOS. 4 TO 7 ARE RESIDING AT NO.38/78 AZIZ MULK, 3RD STREET THOUSAND LIGHT, CHENNAI - 600 006. ...PETITIONERS (BY SRI. SYED KHAMRUDDIN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY J.C. NAGAR POLICE STATION BENGALURU - 560 001, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA, BENGALURU. - 4 - HC-KAR NC: 2026:KHC:6834 CRL.P No. 1838 of 2023 C/W CRL.P No. 9878 of 2022 2. SMT. SYEDA SALMA SAIDYA D/O SYED PASHA AGED ABOUT 35 YEARS R/A NO.2629, 37TH CROSS 9TH BLOCK, JAYANAGAR BENGALURU - 560 069. ...RESPONDENTS (BY SRI. VINAY MAHADEVAIAH, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR DATED 09.01.2019 IN CR.NO.4/2019 AND C.C.NO.13924/2021 FILED BY THE 1ST RESPONDENT (ANNEXURE-A), COMPLAINT DATED 11.10.2017 BY THE RESPONDENT NO.2 IN J.C.NAGAR POLICE STATION (ANNEXURE-B), CHARGE SHEET DATED 09.01.2019 IN C.C.NO.13924/2021 FILED BY THE RESPONDENT (ANNEXURE-C) AND ALL FURTHER PROCEEDINGS IN C.C.NO.13924/2021 PENDING BEFORE THE VI ADDL.C.M.M., BENGALURU (ANNEXURE-D) FOR THE OFFENCE P/U/S 498A, 377, 323, 354 AND 506 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT (ANNEXURE-D) SO FAR AS THE PETITIONERS ARE CONCERNED AND FOR COST OF THIS PROCEEDINGS. 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-accused Nos.1 to 8 are before this Court calling in question the proceedings in C.C.No.13924/2021 - 5 - HC-KAR NC: 2026:KHC:6834 CRL.P No. 1838 of 2023 C/W CRL.P No. 9878 of 2022 registered for offences punishable under Sections 498A, 377, 323, 354 and 506 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. Heard Sri. Syed Khamruddin, learned counsel appearing for the petitioners, Sri. Vinay Mahadevaiah, learned HCGP appearing for respondent No1, in both the cases and have perused the materials on record. 3. Learned counsel appearing for the petitioners submits that the parties to the lis have settled the dispute amongst themselves in O.S.No.141/2019 before the jurisdictional Civil Court at Chennai. The terms of settlement drawn are as follows: "Whereas the marriage (NIKKAH) between the 1st plaintiff and 1st defendant was solemnized on 12/01/2017 as per Islamic Rites and Customs at Sir Haji Ismail Masjid, Frazer town, Bangalore 560001 and registered at the Karnataka State Board of Wakfs. And Whereas the marital life lasted only for 24 years and the First Plaintiff, Laique Ahmed Shaik, left for United States on 4th Feb 2017. After this there has been no communication from First Plaintiff Several disputes rose and consequentially the following cases came to be filed by parties hereto. i. Crl. Misc. No. 162 of 2017 filed by the First Defendant herein U/S.12 of Protection of Women from Domestic Violence Act against the Plaintiffs herein and - 6 - HC-KAR NC: 2026:KHC:6834 CRL.P No. 1838 of 2023 C/W CRL.P No. 9878 of 2022 Raheela Fathima W/o. Fayazuddin and D/o. Second Plaintiff and pending before the Metropolitan Magistrate [Fast Track II], Bangalore ii. C.C. 13924 of 2021, filed by First Defendant herein U/S. 200 Cr. P. C against the Plantiffs herein and Ms. Raheela Fathima W/o. Fayazuddin and D/o. Second Plaintiff pending before VI Addl. Chief Metropolitan Magistrate Bangalore; iii. Damages Suit in O.S 141 of 2019 pending before the VIII Assistant City Civil Court, Chennai between the parties mentioned in the cause title; And Whereas several conciliations have been attempted between the family members and friends and by the Courts but re-union could not be achieved but however, the parties hereto have decided to give quietest to all the disputes and have arrived on the following terms: 01. The First Plaintiff and the First Defendant do not want to continue their matrimonial life and hence have mutually agreed to dissolve their marriage to this effect they have entered into a Mubara'at Deed (Mutual Divorce as per Ismalic Shariat) on 17.02.2023. This execution of Mubara'at was made by them freely out of their own consent and without any fraud, misrepresentation, coercion and undue influence. 02. The First Plaintiff and First Defendant are staying away from each other from 04.02.2017 and therefore prays before this Honourable Court to declare the validity of the Muabara'at dated 17.02.2023." 4. The term of a settlement is closure of the present proceeding; one of the proceeding has emanated after the settlement having taken place, which is filed by husband. Since the settlement is between the husband, all other family - 7 - HC-KAR NC: 2026:KHC:6834 CRL.P No. 1838 of 2023 C/W CRL.P No. 9878 of 2022 members and the complainant and the fact that the complainant is not appearing before the Court to co-operate with the settlement and in the light of the conditions of settlement all being fulfilled by the petitioners, I deem it appropriate obliterate the proceedings qua these petitioners, reserving liberty to the complainant to seek its revival in the event that the conditions have not been fulfilled in future. 5. For the aforesaid reasons, the following: ORDER (i) Criminal petitions stand disposed. (ii) Proceedings in C.C.No.13924/2021 pending before the VI Additional Chief Metropolitan Magistrate, Benglauru, stand quashed, qua these petitioners - accused Nos.1 to 8. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 1 Sl No.: 31