Abdul Majid Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

Abdul Majid Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings in Cr.No.264/2022 pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru, for offences under Section 498A r/w Section 34 IPC, Sections 3 and 4 of the Dowry Prohibition Act and Sections 3 and 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, in terms of the compromise between the parties; Registry directed to send copy of the order to the trial Court forthwith.

Issue for consideration

Whether the criminal proceedings in Cr.No.264/2022 pending before the VII Addl. C.M.M., Bengaluru, for offences punishable under Section 498A r/w 34 of IPC, Sections 3 and 4 of the Dowry Prohibition Act and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, should be quashed under Section 482 Cr.P.C. +1 more

Court's answer

The petition filed by accused Nos.1 to 5 under Section 482 Cr.P.C is allowed in terms of the compromise entered into between the parties.

Ratio / Principle

The terms and conditions of the joint memo (recording the amicable settlement, divorce decree and the complainant's consent) are legal and equitable, and the Court accepts them.

Key takeaways

The proceedings in Cr.No.264/2022 on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Section 498A r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act and Sections 3 and 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019, are hereby quashed.ratio¶67
The Registry is directed to send a copy of this order to the trial Court forthwith.ratio¶71

Detailed headnote1 paragraphs

Criminal Petition (Section 482 Cr.P.C) CRL.P No. 11470 of 2022, High Court of Karnataka, Bengaluru (J.M.Khazi J.), decided 26.06.2025. Five petitioners/accused Nos.1 to 5 (including the husband, Abdul Majid, his father and female relatives) sought quashing of proceedings in Cr.No.264/2022 (charge-sheeted as CC No.3239/2023) pending before the VII Additional Chief Metropolitan Magistrate, Bengaluru, for offences punishable under Section 498A r/w Section 34 IPC, Sections 3 and 4 of the Dowry Prohibition Act and Sections 3 and 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019. Proceedings against accused Nos.2 to 5 had been stayed by this Court since 13.03.2023. Respondent No.2/complainant (the wife) filed a joint memo with affidavit reporting that all disputes with petitioner No.1 had been settled amicably, that she had obtained a decree of divorce in O.S No. 290/2022 before the V Addl. Principal Family Court, Bangalore, and that she voluntarily withdrew CC No.3239/2023, contending that further proceedings would serve no purpose. Finding the joint memo terms legal and equitable and noting the complainant's stated no-objection, the Court allowed the petition in terms of the compromise and quashed the said proceedings, directing the Registry to send a copy of the order to the trial Court forthwith. No precedent was cited; disposition rests wholly on the verified compromise/settlement.

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26^TH DAY OF JUNE, 2025

BEFORE

THE HON'BLE MS JUSTICE J.M.KHAZI CRIMINAL PETITION NO. 11470 OF 2022

(482(Cr.PC) / 528(BNSS))

BETWEEN:

ABDUL MAJID

S/O ABDUL WAHID AGED ABOUT 28 YEARS R/A NO.17, 2ND CROSS KGN SSN LAYOUT, RAJAGOPALA NAGARA BENGALURU-560058

Digitally signed by REKHA R Location: High Court of Karnataka

ABDUL WAHEED S/O LATE MOHAMMED AGED ABOUT 63 YEARS R/A NO.17, 2ND CROSS KGN SSN LAYOUT, RAJAGPALA NAGARA BENGALURU-560058

SMT SHATAJ W/O ABDUL WAJID AGED ABOUT 50 YEARS R/A NO.17, 2ND CROSS KGN SSN LAYOUT, RAJAGPALA NAGARA BENGALURU-560058

SMT SAMEENA TAJ D/O ABDUL WAHID AGED ABOUT 30 YEARS R/A NO.11, 1ST CROSS,

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MOTI NAGAR, PADMAVATHAMMA TEMPLE STREET KALASIPALYAM, BANGALORE-560002

SMT SAFEENA TAJ D/O ABDUL WAHID AGED ABOUT 32 YEARS R/O KUDANDAN, PILLANA GARDEN, III STAGE BANGALORE-560045

…PETITIONERS

(BY SRI.VASIM PASHA.T.R, ADVOCATE FOR SRI. SIRAJUDDIN AHMED, ADVOCATE)

AND:

STATE OF KARNATAKA

BY RAJAGOPALAI NAGAR POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA AT BANGALORE-560001

SMT SUBIYA ERAM W/O ABDUL MAJID AGED ABOUT 21 YEARS R/A NO.17, 2ND CROSS ROAD KGNSS LAYOUT, RAJAGOPALANAGARA BENGALURU-560058

…RESPONDENTS

(BY SRI.M.R.PATIL, HCGP FOR R1;

SRI.NAVEED AHMED.Z, ADVOCATE FOR R2)

THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE

FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE

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PROCEEDINGS IN CR.NO.264/2022 FOR THE OFEFNCE P/U/S 498A R/W 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AND SECTION 3 AND 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 PENDING ON THE FILE OF VII ADDL.C.M.M., BENGALURU.

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

CORAM: HON'BLE MS JUSTICE J.M.KHAZI

ORAL ORDER

Petitioners/accused Nos.1 to 5 and respondent

No.2/complainant as well as their respective learned counsel and learned High Court Government Pleader for respondent No.1 State are present.

This petition is filed by accused Nos.1 to 5 under Section 482 of Cr.P.C, to quash the criminal proceedings in Cr.No.264/2022 on the file of VII ACMM, Bengaluru, for the offences punishable under Section 498A r/w Section 34 IPC and Sections 3 and 4 of the Dowry

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Prohibition Act and Sections 3 and 4 of The Muslim Women

(Protection of Rights on Marriage), Act, 2019.

A joint memo with Affidavit of respondent No.2 duly signed by accused Nos.1 to 5 and respondent No.2/complainant is filed.

The averments of the affidavit appended to

joint memo reporting settlement between the parties reads as under:

"1. I state that, I am the respondent no. 2 in this case.

2. I state that, I am well aware of the facts of this case, I am competent to swear this affidavit as a major.

3. I state that, I have lodged the complaint bearing Crime No. 264/2022 for the offences punishable under section 498(A), R/w 34 of IPC and Section 3,4 of DP Act before Rajagopal nagari PS against the petitioners, Charge sheet is filed under section 498(A) R/W 34 of IPC, Section 3,4 of DP Act and section 3,4 of Muslim women protection of rights and marriage act same is numbered as vide CC No. 3239/2023 now it is pending on the file of The VII Additional Chief Judicial Magistrate Court Bangalore City.

4. I state that, the petitioners have preferred this petition under section 482 of Cr PC, this Hon'ble Court

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stayed the aforementioned criminal proceedings against accused no. 2 to 5 vide dated 13.03.2023.

5. I state that, now all the disputes between me and my husband/ petitioner no.1 has been settled amicably in the matter of O.S No. 290/2022 before V addi. Prl. family court at Bangalore, in this matter I have obtained a decree of divorce and undertakes to withdraw the criminal proceedings and other cases filed against petitioners.

6. I state that, in view of matter is already settled between us more specifically I have obtained the decree of divorce hence I am withdrawing the above CC NO. 3239/2023 voluntarily, without any force and with my will and wish.

7. I State that, above statements are bonafide and true one.

8. I state that continuation of the above criminal proceedings will not serve any purpose or justice. Hence, this case may kindly be quashed and the joint memo may kindly be considered to meet the ends of justice.

9. I state that, if the joint memo and affidavit is not allowed we will be put to hardship, if it is allowed no injustice and hardship would cause to anyone.

I therefore, respectfully Prays here that, in view of dissolution of my marriage and matter between me and my husband/petitioner no. 1 settled amicably, hence this court kindly be pleased to quash the proceedings of CC No. 3239/2023 pending on the file of VII Additional Chief Judicial Magistrate Court, At Bangalore. For the offences punishable under section 498(A), R/w 34 of IPC and Section 3, 4 of DP Act and section 3,4 of Muslim women protection of rights and marriage act."

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Respondent No.2/complainant admit the

compromise and submits that she has no objection to allow the petition. The terms and conditions of joint memo are legal and equitable. The same are accepted and accordingly, following:

ORDER

(i) The petition filed by accused Nos.1 to 5 under Section 482 Cr.P.C, is allowed in terms of compromise entered into between the parties.

(ii) The proceedings in Cr.No.264/2022 on the file of VII Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Section 498A r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act and Sections 3 and 4 of The Muslim Women (Protection of Rights on Marriage), Act, 2019 is hereby quashed.

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(iii) The Registry is directed to send copy of

this order to the trial Court forthwith.

Sd/(J.M.KHAZI) JUDGE

RR List No.: 1 Sl No.: 44