Criminal petition filed to quash FIR under Sections 498A IPC and Dowry Prohibition Act. Parties settled and dissolved marriage via KHULA. Court accepted compounding application.
Criminal petition disposed; proceedings in Crime No.20/2024 against petitioner quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:44557 CRL.P No. 4980 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 4980 OF 2024
BETWEEN:
MR. FARHAN F, S/O M.H. FAZLULLA @ FAZALULLA, AGED ABOUT 38 YEARS, R/O 4-143-1, BYPASS ROAD, INFRONT OF POLICE GROUND, KUSHALANAGAR, KODAGU - 571 234.
…PETITIONER
(BY SRI. SAMEER S.N, ADVOCATE)
AND:
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
…RESPONDENTS
(BY SRI. B.N. JAADEESHA, ADDL. SPP FOR R1; SRI. NIZAM ABBAS, ADVOCATE FOR R2)
NC: 2024:KHC:44557 CRL.P No. 4980 of 2024
THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.20/2024 OF MYSURU CITY WOMEN POLICE STATION FOR THE OFFENCE P/US/ 498-A, 323, 504 R/W SEC.34 AND SEC.3, 4 OF DP ACT 1961 AND SEC.4 OF THE WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT 2019 AND SUBMITTED TO THE HONBLE 7tH ADDITIONAL CIVIL JUDGE (Sr.Dn.) AND JMFC COURT, JLB ROAD, MYSURU CITY AGAINST THIS PETITIONER.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioner is before this Court calling in question the registration of a crime in Crime No.20/2024 registered for offences punishable under Sections 498A, 323, 504 read with Section 34 of the IPC, under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and under Sections 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
NC: 2024:KHC:44557 CRL.P No. 4980 of 2024
counsel appearing for respondent No.2 and have perused the material on record.
it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows:
" JOINT AFFIDAVIT
We, 1) Mr Farhan F, S/o M. H. Fazlulla @ Fazalulla, Aged about 38 years, R/o No.4/143-1, Bypass road, Infront of Police Ground, Kushalnagar, Kodagu-571234, 2) Farhana Sultana W/o Farhan F, aged about 25 years, R/o No.77, Nishad Mansion, Royal Enclave, 1st cross, Naidu Nagara, Mysuru-570 007, do hereby solemnly make oath and affirm as follows;
NC: 2024:KHC:44557 CRL.P No. 4980 of 2024
hence, the marriage is ended by entering into "KHULA NAMA and settlement deed". In view of the same, the marriage of petitioner and respondent No.2 is dissolved.
WHEREFORE, we the petitioner and the respondent No.2 most respectfully pray that this Hon'ble High Court may kindly be pleased to quash the FIR registered against the petitioner in Mysuru City Women Police Station in Crime No.20/2024 for the alleged offence punishable under Section 498 (A), 323, 504 R/w 34 and Section 3 and 4 of Dowry Prohibition Act 1961 and Section 4 of The Women (Protection of Rights on Marriage) Act, 2019 on the file of Hon'ble 7th Addl Civil Judge (Sr.Dn) & JMFC Court, JLB Road, Mysuru, in the interest of justice and equity.
We do hereby declare that what is stated in this affidavit is true and correct to the best of our knowledge, belief and information and to that effect we have signed this affidavit."
filed along with the joint affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against the petitioner in the subject petition.
ORDER
Sd/-
(M.NAGAPRASANNA)
JUDGE
SJK List No.: 1 Sl No.: 49 CT: BHK
3 issues framed by the court
Whether the High Court should acquit the petitioner of the offences in Criminal No. 20/2024?
Whether the grounds disclose a prima facie case against the petitioner?
Whether there is a settled question of law in this matter?
Colour shows how this judgement treated each authority
NC: 2024:KHC:44557 CRL.P No. 4980 of 2024Referred¶19
4 provisions across 4 enactments
MR. FARHAN F S/O M.H. FAZLULLA
STATE BY MYSURU CITY WOMEN P.S.
FARHANA SULTANA W/O FARHAN F
M.NAGAPRASANNA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
