THE HIGH COURT OF KARNATAKA
M.NAGAPRASANNA
MR. MASOOD SHARIEFF – Appellant
Versus
THE STATE OF KARNATAKA – Respondent
CRL.P 5064/2023
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HC-KAR NC: 2026:KHC:40251 CRL.P No. 5064 of 2023
CNR: KAHC010279702023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026
BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA
CRIMINAL PETITION NO. 5064 OF 2023 BETWEEN:
1. MR MASOOD SHARIEFF S/O MALIK SHARIEFF
AGED ABOUT 35 YEARS R/AT 53, 3rd CROSS
MARAPPA GARDEN NEAR 119 BUS STOP BANGALORE NORTH,
BANGALORE KARNATAKA 560046
2. MR. MALIK SHARIEFF S/O ABDUL KHADIR
AGED ABOUT 67 YEARS Digitally R/AT 53, 3rd CROSS signed by
PADMAVATHI MARAPPA GARDEN B K NEAR 119 BUS STOP Location: High BANGALORE NORTH,
Court of BANGALORE Karnataka KARNATAKA 560046
3. MRS. FATHIMA KOUSER W/O MALIK SHRIEFF
AGED ABOUT 67 YEARS R/AT 53, 3rd CROSS
MARAPPA GARDEN NEAR 119 BUS STOP BANGALORE NORTH,
BANGALORE
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HC-KAR NC: 2026:KHC:40251 CRL.P No. 5064 of 2023
CNR: KAHC010279702023
KARNATAKA 560046
4. MRS. MAHVESH FATHIMA D/O MALIK SHARIEFF
AGED ABOUT 32 YEARS R/AT 53, 3rd CROSS
MARAPPA GARDEN NEAR 119 BUS STOP BANGALORE NORTH,
BANGALORE KARNATAKA 560046
…PETITIONERS (BY SRI: NAVEED AHMED.,ADVOCATE)
AND:
1. THE STATE OF KARNATAKA BY J C NAGAR POLICE STATION
REPRESENTED BY PUBLIC PROSECUTOR CITY CIVIL COURT COMPLEX
BANGALORE 560001 2. MRS. NABEELAH
D/O R MOHAMMED IBRAHIM W/O MASOOD SHARIFF AGED ABOUT 30 YEARS
R/AT NO. 187, 18th CROSS
1st BLOCK, R T NAGAR BANGALORE 560032
…RESPONDENTS (BY SRI: K NAGESHWARAPPA, HCGP FOR R1;
SRI: D C GANGADHARA, ADV FOR R2)
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HC-KAR NC: 2026:KHC:40251 CRL.P No. 5064 of 2023
CNR: KAHC010279702023
THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE PETITIONER PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED VIDE CR.NO.62/2023 BY J.C. NAGAR POLICE STATION FOR OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 READ WITH SECTION 34 OF IPC, 1860, AND SECTIONS 3 AND 4 DOWRY PROHIBITION ACT 1961, PENDING ON FILE OF VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, (8-ACMM) PRODUCED HEREIN AT ANNEXURE A
AND B RESPECTIVELY.
THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Heard Naveed Ahmed, learned counsel appearing for the
petitioners, Sri K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1, Sri. Gangadhar D.C., learned counsel appearing for respondent
No.2 and have perused the material on record.
2. During the pendency of the proceedings, the parties
to the lis have settled the dispute among themselves and have filed a joint memo along with an affidavit. The joint memo
reads as follows:
"JOINT MEMO
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HC-KAR NC: 2026:KHC:40251 CRL.P No. 5064 of 2023
CNR: KAHC010279702023
." The Petitioner No.1 and the matter most respectfully submits a respondent No.2 in the above as under:
1. That 2nd respondent is and the petitioner were husband and wife
2. That due to some matrimonial issue and in compatibility they got separated from each others
company
3. That and respondent de facto complainant filed a criminal complaint before the J C Nagar Police which is registered for the 34 OF IPC. 1860 and Sec. 3 and 4 of Dowry Prohibition Act 1961. offence punishable under Section 498A. 323, 504, 506 B/W SEC Pending on file of VIII Additional Chief Judicial Magistrate (8-Ac)m), Bengaluru as against the petitioners. This Hon'ble Court granted the stay against the petitioner No. 2 to 4 vide its order dated 19-06-2023 hence the respondent police filed Charge Sheet against the petitioner No.1 which is
numbered as CC NO 23847/2023.
4. That during the pendency of the proceedings due to intervention of the elders and family members of both the side the 2nd respondent and petitioner No.1 have decided to end their marriage and put an end to all the disputes pending before the trial courts. Hence the 2nd respondent filed suit for dissolution of their marriage which is numbered as MC No.204/2026 pending before the III
additional Principal Judge Family Court at Bengaluru.
5. It is submitted that all the differences and disputes between the petitioner and respondent No.2 are
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