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2025 Supreme(Kar) 1415
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
S.R.KRISHNA KUMAR, J.
Masud, S/o Umer - Petitioner
Versus
The State Of Karnataka - Respondent
Criminal Petition No.7576 of 2025 (482(Cr.PC) / 528(BNSS) C/W Criminal Petition No.7578 of 2025 (482(Cr.PC)/528(BNSS)
Decided On : 21-08-2025
For the Petitioner:SRI. TUMBIGI PRABHUGOUDA BASAVANTARAYAGOUDA, ADVOCATE
For the Respondent: SRI. K. RAHUL RAI
A court may quash criminal proceedings when parties present a joint affidavit confirming amicable settlements, as it serves the interest of justice.
Headnote:(A) Muslim Women (Protection of Rights on Marriage) Act, 2019 - Sections 3 and 4 - Indian Penal Code - Sections 498A, 323, 504, 506 - Quashing of criminal proceedings - Petitions filed to quash proceedings against petitioners for alleged offences under above mentioned laws - Settlements reached between parties evidenced by joint affidavits - No objection to quash proceedings from second respondent - Granting of relief applied for in both petitions to prevent hardship and mental agony. (Paras 1-4)
Facts of the case:
The petitioners filed for quashing ongoing proceedings stemming from criminal charges under the Muslim Women Act and IPC regarding domestic violence and marital issues, citing amicable settlements reached in mediation. Joint Affidavits were submitted indicating the agreement to quash proceedings by the complainant.
Findings of Court:
The court quashed the proceedings in both cases based on the joint affidavits that established no objection to doing so.
Issues: The core issue was whether the court should quash the proceedings based on the joint affidavit filed by the parties, affirming the settlement reached in mediation.
Ratio Decidendi: The court affirmed that where the parties amicably resolved their differences and provided joint affidavits, accusations may be quashed as per the interest of justice.
Result: Both petitions are disposed of in terms of the joint affidavits filed, thus quashing the respective proceedings.
ORDER :
S.R.KRISHNA KUMAR, J.
In Crl.P.No.7576/2005, the petitioners have sought for the following relief:-
“Wherefore, the petitioners who are arrayed as accused No.1 & 2 humbly prays that this Hon’ble Court be pleased to quash the entire proceedings in C.C.No.27656/2024 registered by the Jeevan Bheemanagar Police Station, Bengaluru/1st respondent for the offences punishable under Sections 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, now the case is pending on the file of the Hon’ble Judicial Magistrate First Class (Traffic Court 1) Bengaluru, in the interest of justice.”
In Crl.P.No.7578/2005, the petitioners have sought for the following relief:-
“Wherefore, the petitioners who are arrayed as accused No.1 & 3 humbly prays that his Hon’ble Court be pleased to quash the entire proceedings in C.C.No.24706/2022 registered by the East Zone Women Police Station, Bengaluru/1st respondent for the offences punishable under sections 498(A), 323, 504 and 506 of Indian Penal Code and sections 3 & 4 of Dowry Prohibition Act, now the case is pending on the file of the Hon’ble XI Additional Judicial Magistrate, Bengaluru, in the interest of justice.”
2. Learned counsel for the petitioners – accused Nos.1, 2 and 3 and learned counsel for 2nd respondent – complainant have filed I.A.2/2025 in both the petitions along with Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same are taken on record.
3. Petitioners – accused Nos.1, 2 and 3 and their counsel and 2nd respondent and her counsel are present before the Court through video conferencing and they admit the contents of the Joint Affidavits.
3 (i) I.A.2/2025 along with Joint Affidavit filed in Crl.P.No.7576/2025 reads as under:-
“APPLICATION UNDER SECTION 320 READ WITH 482 OF THE CODE OF CRIMINAL PROCEDURE
That for the reason sworn to in the accompanying Joint Affidavit, it is humbly prayed that this Hon’ble Court be pleased to quash all further proceedings in C.C.No.27656/2024 registered by Jeevan Bheemanagar Police Station, Bengaluru/1st respondent for the offences punishable under Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, now pending on the files of Hon’ble Judicial Magistrate First Class (Traffic Court – 1), Mayohall, Bengaluru, in the interest of justice.”
JOINT AFFIDAVIT
“We, 1. Masud, Aged about 39 years, S/o Umer, R/at No.1153, 1st Cross, 1st Block, HAL 3rd Stage, New Tippasandra, Bengaluru – 560075. 2. ZainabJannet Khan, Aged about 24 years, W/o Mohammed Masud, R/at No.18/02, Mariammakoil Street, Jai Barath Nagar, Bengaluru - 560032, do hereby solemnly affirm and state on oath as follows; 1. We submit that, Masud is the petitioner and Smt. Zainab Jannet Khan is the 2nd respondent in the above case, we know the facts of the case, hence we are swearing to this Joint Affidavit.
2. We submit that the 2nd respondent filed a complaint against me and my family members, same is registered in C.C.No.27656/2024 registered by Jeevan Bheemanagar Police Station, Bengaluru/1st respondent for the offences punishable under sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act 2019, now pending on the files of Hon'ble Judicial Magistrate First Class(Traffic Court-1) Mayohall, Bengaluru.
3. We submit that, the 1st respondent police after investigation have charge sheeted the petitioner and his family members for the offences punishable under sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act 2019 and now the case stands before the Hon'ble Judicial Magistrate First Class (Traffic Court-1) Mayohall, Bengaluru, in C.C.No.27656/2024.
4. We submit that, in between us various cases were/are pending and some were closed and others were about to close as we have settled our differences/disputes amicably in the mediation in Crl. Misc. No.89/2022 before V Addl. Family Court, the 2nd respondent agreed to assist the Hon'ble Judicial Magistrate First Class (Traf
