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2025 Supreme(Online)(Kar) 28169

KARNATAKA HIGH COURT
MR DAWOOD AHMED – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 4434 / 2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4434 OF 2024 (482(Cr.PC) / 528(BNSS)

BETWEEN:

MR DAWOOD AHMED S/O LATE M U MOHAMMED AGED ABOUT 31 YEARS R/O NO.11/1, 4TH FLOOR, 8TH B MAIN

4TH CROSS, BTM LAYOUT 1ST STAGE BENGALURU-560 029.

PERMANENT R/O NEAR HOTEL WOODLAND LODGE PENSION MOHALLA, 3RD CROSS CHIKKAMAGALURU-577 101.

…PETITIONER (BY SRI. ARPAN B PATTANASHETTI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA BY SOUTH EASE WOMEN PS HIGH COURT BUILDING BANGALOREJ – 560 001. REPRESENTED BY SPP Digitally 2. MRS SHIREN DAWOOD signed by W/O DAWOOD AHMED LEELAVATHI S R AGED ABOUT 26 YEARS Location: C/O ABUBAKKAR, MASIDIKERE High Court VTC-B KANABUR, PO-BALEHONNUR of Karnataka SUB DISTRICT-NARASINHARAJAPURA DISTRICT-CHIKKAMAGALURU-577112 PREVIOUSLY R/ ALSO AT SYEDI RESIDENCY, 8TH B MAIN, KEB COLONY, 1ST STAGE, NEW GURAPPANA PALYA, BENGALURU – 560 029.

…RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SRI. VIKHAR AHMED.B. ADVCOATE FOR R-2)

THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR, COMPLAINT AND ENTIRELY OF PROCEEDINGS IN THE CR.NO.15/2024 OF SOUTH EAST WOMEN POLICE STATION FOR OFFENCE U/S 498A OF IPC AND SEC. 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 AGAINST THE PETITIONER ON THE FILE OF THE HONBLE XXXIX ADDL. CMM, BENGALURU INSOFAR AS THE PETITIONER IS CONCERNED.

THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

ORAL ORDER

In this petition, petitioner seeks for the following reliefs:-

“ a) Call for the records in the Cr.No. 15/2024 of south East women Police Station for offences under Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A against the Petitioner on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru.

b) Quash the FIR, Complaint and entirety of proceedings in the Cr.No.15/2024 of South East Women Police Station for offences under Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A against the Petitioner on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru insofar as the Petitioner is concerned.

C) Grant such other relief/s as this Hon’ble Court deems fit to grant in facts and circumstances of the case.”

2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed a Joint Compromise dated 04.02.2025 duly signed by the petitioner, 2nd respondent and their respective counsel. The same is taken on record.

3. Petitioner – accused No.1 and respondent No.2-

complainant are physically present before the Court and they admit the contents of the aforesaid Joint Compromise, which reads as under:-

“The Counsels for Petitioner and Respondent No.2 respectfully submits as follows;

1. It is submitted that the complainant in Cr.No.15 of 2024 and the Petitioner herein have amicably settled all their disputes. And have entered into a Memorandum of Settlement dated 07.01.2025 in OS No.329/2024, before the VI Additional Family Judge, Bengaluru. A copy of the memorandum of settlement and decree is annexed hereto for the kind perusal of the Hon’ble Court.

2. It is submitted that, the offences in the present case under Section 34 and Section 498A of the IPC and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, are compoundable in nature. As the dispute has been fully settled and no further issues remain between the Petitioner and the Complainant/Respondent No.2.

Wherefore, in view of the above, it is respectfully prayed that this Hon’ble Court be pleased to Quash the Complaint, FIR and the entire proceedings in Cr.No.15/2024 of South East Women Police Station for offences under section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A on the file of the Hon’ble XXXIX Addit

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