SMT SHAFIYA KOUSER @ SHAFIYA v. STATE OF KARNATAKA BY
CRL.P/10790/2023 · 2026-01-31
M Nagaprasanna
body2026
DailyLaw.ai
[ 2026 DAILYLAW 49500 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 49500 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:6304 CRL.P No. 10790 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10790 OF 2023 BETWEEN:
1.
SMT SHAFIYA KOUSER @ SHAFIYA AGED ABOUT 30 YEARS W/O MUZAMIL SHARIEF N R/AT NO 103, 4TH CROSS 5TH MAIN, HSR LAYOUT 7TH SECTOR, BOMMANAHALLI BENGALURU- 560 068
2.
SMT SHATAJ BEGUM A @ SHATAJ AGED ABOUT 63 YEARS, W/O NOOR SHARIEF, R/AT NO 103, 4TH CROSS, 5TH MAIN, HSR LAYOUT, 7TH SECTOR, BOMMANAHALLI, BENGALURU- 560 068.
3.
SRI NOOR SHARIEF M AGED ABOUT 71 YEARS S/O T H MOHAMOOD SHAIEF R/AT NO 103, 4TH CROSS, 5TH MAIN, HSR LAYOUT, 7TH SECTOR, BOMMANAHALLI, BENGALURU- 560 068.
4.
SRI MUZAMMIL SHARIEF M @ MUZAMMIL AGED ABOUT 41 YEARS
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:6304 CRL.P No. 10790 of 2023
S/O NOOR SHARIEF R/AT NO 103, 4TH CROSS, 5TH MAIN, HSR LAYOUT, 7TH SECTOR, BOMMANAHALLI, BENGALURU- 560 068.
5.
SMT N FAUZIAL BEGUM @ FAUZIYA AGED ABOUT 44 YEARS W/O S ABDUL AHAD R/AT NO 63/3, 4TH FLOOR BASAVANAGUDI BENGALURU- 560 004
6.
SRI. TANVEER PASHA, S/O NOOR PASHA, AGED ABOUT 36 YEARS, R/AT NO. 103, 4TH CROSS, NEAR MADINA MASJID, HSR LAYOUT SECTOR-7, BENGALURU- 560068 …PETITIONERS (BY SRI. RAMESHA H.E., ADVOCATE) AND:
1.
STATE OF KARNATAKA BY HSR POLICE STATION, REP BY SPP, HIGH COURT OF KARNATKA, BENGALURU- 560009.
2.
SMT ARBIYA FATHIMA W/O TANVEER SHARIEF, AGED ABOUT 23 YEARS, R/AT NO 27, 16TH CROSS,
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HC-KAR NC: 2026:KHC:6304 CRL.P No. 10790 of 2023
NEAR CHURCH, HONGASADNRA, BENGALURU- 560068. …RESPONDENTS (BY SRI. VINAY MAHADEVIAIAH, HCGP FOR R1;
SRI. JAGADEESHA GOWDA, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR.NO.135/2022 FILED BY THE RESPONDENT NO.1 U/S 498(A), 504, 506(B) R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT (ANNEXURE-A) PENDING ON THE FILE OF XXXVII ADDL.C.M.M., BENGALURU AGAINST THE PETITIONERS HEREIN AND ALLOW THE CRL.P.
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 registration of a crime in Crime No.0135/2022 for offences punishable under Sections 498A, 504, 506B read with Section 34 of the IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961.
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HC-KAR NC: 2026:KHC:6304 CRL.P No. 10790 of 2023
2. Heard Sri. Ramesha H.E.,
learned counsel appearing for the petitioners, Sri. Vinay Mahadevaiah, learned HCGP appearing for respondent No.1, Sri. Jagadeesha Gowda,
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 joint memo and joint affidavit. The joint memo and joint affidavit read as follows:
“JOINT MEMO
The parties above named submit as follows:
1. The Respondent No.2 has filed suit for dissolution of Muslim Marriage Act 1939 between Petitioner No.6 and Respondent No.2 herein solemnized on 04.09.2021 at MSJID-E-AQSA, 1st Main, Road, Muneshwaranagara, Sector-6, HSR Layout, Bengaluru-560068as per Muslim rites and rituals. 2. That the parties entered a khulanama dated 19.05.2025 agreed for separation. 3. The Petitioner No.6 hand over 70.461 grams of 6 gold bangles, 58.140 grams of Lacha-Lacha including big dolar and 27.860 grams of gold in shape of Necklace oxide Neck(Chowkar) gold ornaments to the Respondent No.2. 4. The Respondent No.2 have agreed to withdraw Crl.Misc.No.177/2022 on the file of the II MMTC, Bengaluru and CC No.36094/2022 on the file 39th ACMM, Bengaluru. - 5 -
HC-KAR NC: 2026:KHC:6304 CRL.P No. 10790 of 2023
5. The Petitioner No.6 has also agreed to withdraw Crl. A. No.1390/2024 pending on the file of the Addl. CCH-61 and OS. No.91/2024 on the file of the V-Addl. Family Court Bengaluru. 6. That the petitioners and Respondent No.2 have amicably resolved marriage between Petitioner No.6 and Respondent No.2. WHEREFORE, it is most respectfully prayed that this Hon'ble court be pleased accept the joint memo and affidavit and quash the proceedings under under Section 498(A), 504, 506(B) r/w 34 IPC and section 3 and 4 of D.P. Act, in the interest of justice. JOINT AFFIDAVIT
We, (1) Shafiya Kouser @ Shafiya, Aged about 31 years, W/o Muzamil Sharief.N, (2) Shataj Begum. A @ Shataj, aged about 65 years, W/o Noor Sharief, (3) Noor Sharief. M, Aged about 73 years, S/o T.H. Mohamood Sharief, (4) Muzammil Sharief. M @ Muzammil, Aged about 40 years, S/o Noor Sharief, (5) N. Fauzia Begum @ Fauziya, Aged about 43 years, W/o. S. Abdul Ahad, (6) Tanveer Sharief s/o Noor Sharief, Aged about 36 years, R/at No.103, 4th Cross, Near Madina Masjid, HSR Layout 7th Sector, Bengaluru-560068, do hereby solemnly affirm and state on oath as follows:
1. We are the petitioners in the above case we know the facts of the case. 2. I am the Respondent No.2 in the above case.
I know the facts of the case. 3. I Petitioner No.6 and Respondent No.2 have compromised before the Family Court at Bengaluru in OS.No.5/2026, same was referred to mediation. Before the mediation both the parties agreed and compromised between us and also agreed withdraw the allegations against each and other and also family members. 4. We submit that we have a good case on merits. If this joint affidavit is not accepted, we will put to
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HC-KAR NC: 2026:KHC:6304 CRL.P No. 10790 of 2023
irreparable loss and injury. If the joint affidavit is allowed no damaged is caused to us. WHEREFORE, we most respectfully prayed that this Hon'ble court be pleased allow to accept the joint affidavit, in the interests of justice and equity."
4. Therefore, in light of the settlement arrived at between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petition. 5. For the aforesaid reasons, the following:
ORDER i. Criminal Petition is disposed. ii. Proceedings in Crime No.0135/2022 pending before the 37th Additional Metropolitan Magistrate, Bengaluru, stands quashed qua these petitioners.
Sd/- (M.NAGAPRASANNA) JUDGE
SJK List No.: 1 Sl No.: 65/CT:PS