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2025 Supreme(Online)(Kar) 437977

THE HIGH COURT OF KARNATAKA
MOHAMMAD NAWAZ
MR ARIF AHMED – Appellant
Versus
STATE OF KARNATAKA – Respondent
CRL.P 11052/2024



IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 2ND DAY OF DECEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

CRIMINAL PETITION NO. 11052 OF 2024

BETWEEN:

MR. ARIF AHMED

S/O MAHABOOB BASHA D.,

AGED ABOUT 40 YEARS,

HAVING PERMANENT ADDRESS NO.07,

1ST CROSS, SILVER OAK STREET

VINAYAKA NAGARA, J P NAGAR

5TH PHASE, BANGALORE - 560 078

PRESENTLY AT

NO.755 E CAPITOL AVE APT B 205,

MILPITAS, CA – 95035, USA

…PETITIONER

(BY SRI. F. MIR. PARVEEZ AHAMED, ADVOCATE)

AND:

1. STATE OF KARNATAKA

BY BASAVANAGUDI WOMEN POLICE STATION,

BANGALORE CITY.

Digitally REPRESENTED BY ITS

signed by

LAKSHMI T STATE PUBLIC PROSECUTOR,

Location: HIGH COURT BUILDING,

High Court

of Karnataka BANGALORE-560 001.

2. SMT. HUSNARA KAMAL SHAIK

W/O ARIF AHMED,

AGED ABOUT 32 YEARS

R/AT NO.127, 1ST FLOOR, 5TH CROSS,

1ST MAIN, ILYAS NAGAR, J P NAGAR POST

BANGALORE - 560 078

…RESPONDENTS

(BY SRI. ANOOP KUMAR M.V., HCGP FOR

SRI. AYANTIKA MONDAL, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528

BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS

REGISTERED IN CC NO.29448/2021 OF BASAVANAGUDI WOMEN POLICE STATION UNDER SECTION OF 498A AND 506 OF IPC ALONG WITH SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT AGAINST THE PETITIONER PENDING BEFORE XXXVII ACJM, BANGALORE.

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

CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ

ORAL ORDER

Proceeding in C.C.No.29448/2021 pending before the XXXVII ACJM, Bengaluru is under challenge in this petition.

2. Based on a private complaint filed by the second respondent in PCR.No.3668/2021, and consequent to the direction issued by the learned Magistrate, referring the matter for investigation, case was registered against the petitioner and 3 others in Crime No.70/2021 of Basavanagudi Women Police Station, Bengaluru City for the offence Punishable under Section 506 and 498A of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961.

Charge sheet came to be filed only against the petitioner.

3. An application is filed, under Section 320 read with 482 of C.P.C. seeking to permit the parties to compound the case, wherein, it is stated that both parties have resolved all disputes in O.S.No.515/2025, pending before the learned VI Additional Principal Family Judge, Bengaluru and executed memorandum of settlement before the Mediation Centre.

4. Petitioner is represented by his father, General Power of Attorney Holder. Copy of the GPA is enclosed along with the application.

5. Respondent No.2 is present before the Court and identified by her counsel. She has filed an affidavit, wherein, she has sought permission to compound the offence and expressed for closure of the proceedings now pending before the trial Court, in view of the amicable settlement. Paragraph Nos.1 to 11 of the affidavit are extracted here under:-

I, Husnara Kamal Shaik, W/o Arif Ahmed, aged about 33 years, residing at No. 27, 1st Floor, 5th Cross, 1st Main, Ilyas Nagar, J.P. Nagar, Bangalore- 560078, do hereby solemnly affirm and state as under:

1. That I am the Respondent No.2 in the said criminal petition and are conversant with the facts of the case and thereby competent to swear this affidavit.

2. I state that the Petitioner is my husband/Accused in the case and I am the de facto complainant.

3. I state that my marriage with the Petitioner was solemnized on 13.12.2014 at Suryodaya Convention Hall, B-39/2, Bannerghatta Road, Behind Sagar Automobiles, Near Dairy Circle, Bengaluru 560029, in accordance with Muslim rites, customs and traditions, in the presence of their family members, relatives and well-wishers and the marriage was duly registered on 17.01.2015 before the Wakf Officer, District Wakf Office, Karnataka State Board of Wakfs, Bengaluru 560002, vide Marriage Certificate No. DWAC/06/MC/BNU/2014-2015.

4. I state that I filed a private complaint bearing PCR No 3668/2021 before the learned XXXVII ACJM, Bengaluru against the Petitioner, on the same as per the order the Respondent No. 1 the Basavanagudi Women's PS Bengalur

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