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2025 Supreme(Online)(Kar) 34945

THE HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ
MR MOHAMMED NAQEEB PASHA – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 12478/2025



IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12478 OF 2025 BETWEEN:

1. MR. MOHAMMED NAQEEB PASHA S/O SARDAR PASHA K.B., AGED ABOUT 28 YEARS, 2. MR. SARDAR PASHA K.B.

S/O BAKA SAB, AGED ABOUT 58 YEARS, 3. MRS. RESHMA SULTANA W/O MR. SARDAR PASHA K.B., AGED ABOUT 54 YEARS, PETITIONER NOS.1 TO 3 ARE RESIDING AT NO.11, 10TH MAIN ROAD, KANAKAPURA, Digitally J.P. NAGAR POST, signed by LAKSHMI T BANGALORE-560 079.

Location:

High Court of Karnataka

4. MRS. MAZNA FATHIMA W/O SYED ZIA RAHMAN, AGED ABOUT 26 YEARS, RESIDING AT NO.203, 5TH MAIN ROAD, BYRASANDRA, JAYANAGAR 1ST BLOCK EAST, BANGALORE-560 011.

…PETITIONERS (BY SRI. KHOT ARJUN RAMA, ADVOCATE (P/H))

AND:

1. THE STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION BANGALORE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-01.

2. SMT. SYEDA FARHEEN D/O SYED ZABIULLA, AGED ABOUT 24 YEARS, R/AT NO.27, RAILWAY MENS LAYOUT, KRISHNAPPA LAYOUT, TANISANDRA, NAGAVARA MAIN ROAD, BANGALORE-560 077.

…RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H);)

SRI. SYED KHALEEL PASHA, ADVOCATE FOR R2 (P/H))

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON THE FILE OF XXXVII ADDL. CHIEF METROPOLITAN MAGISTRATE AT BENGALURU IN C.C.NO.15396/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A, 504, OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

This petition under Section 482 of Cr.P.C., is filed by the petitioners, seeking to quash the entire proceedings pending on the file of XXXVII Additional Chief Metropolitan Magistrate at Bengaluru in C.C.No.15396/2024 registered for the offence punishable under Section 498A, 504 of IPC and Section 3 and 4 of the Dowry Prohibition Act.

2. Respondent No.2 is the defacto complainant., who set the law into motion, based on which FIR in Crime No.37/2023 is registered at Basavanagudi Police Station, against the petitioners for the aforementioned offences.

3. Learned counsel for petitioners and learned counsel for respondent No.2 would submit that the matter has been settled between the parties before the Family Court at Bengaluru in Crl. Misc No.179/2023, wherein a joint memo was filed on 19.07.2024.

4. The joint memo filed before the 1st Family Court at Bengaluru in Crl.Misc No.179/2023 and the order dated

19.07.2024 passed in the said case are enclosed.

5. The joint memo reads as under:

“The parties in the above matter respectfully submit as follows

1. At the intervention of the well wishers, the Petitioner and the Respondent herein have settled the dispute in the following manner.

2. It is submitted that the Petitioner and the Respondent are husband and wife their marriage. 6/04/2019 in accordance with Shariath governed by Mohammed law, out of the wed lock no issues.

3. In view of the above facts by virtue of this above joint memo, the Petitioner and the Respondent have agreed and undertake to withdraw all civil, criminal cases, family court cases and cases filed under DV Act if pending before any court of law.

4. The counsel for the petitioner and respondent here with proceedings before this honorable Court may be pleased to close the petitioner case in the view of settlement the matter in the mediation in the end of Justice.

5. In view of the joint memo the above memo the Petitioner and the Respondent confirm that they have no claim against each other.

Wherefore, the parties above named respectfully prayed that this Hon'ble court may be pleased to dispose off the above case as withdrawn interest of justice.”

6. Petitioners as well as respondent No.2 are present before the Court. They submit that the dispute has been settled.

7. Respondent No.2, present before the Court, submits that in view of the settlement, she is not interested in proceeding with the matter any

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