Disposed¶76

Mr Shaikh Yunus Ahmed v. State of Karnataka

Karnataka HC15 Jul 2025CRL.P/3846/2025

Case brief

AI extract

What is this about?

Karnataka High Court (S.R. Krishna Kumar, J.), CRL.P No.3846 of 2025, decided 15.07.2025: 498A/dowry case quashed on compounding. FIR Crime No.0020/2021 dated 26.02.2021 (Cubbon Park PS) and chargesheet C.C.No.13997/2021 dated 15.05.2021 (Ss.498A, 323, 506, 504 r/w 34 IPC; Ss.3 and 4 Dowry Prohibition Act, 1961) quashed qua accused Nos.1 and 2 on joint application under Section 320(2) r/w Section 482 CrPC and joint affidavit recording settlement deed of 15.03.2021 in G&WC No.95 of 2021 and custody orders dated 09.12.2024. No precedents cited; no quantum involved.

What did the court decide?

Petition disposed of in terms of Application I.A.1/2025 and Joint Affidavit dated 15.07.2025; proceedings in C.C.No.13997/2021 (Crime No.20/2021) quashed insofar as the petitioners are concerned. ¶76

Mr Shaikh Yunus Ahmed Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of Application I.A.1/2025 and Joint Affidavit dated 15.07.2025; proceedings in C.C.No.13997/2021 (Crime No.20/2021) quashed insofar as the petitioners are concerned.

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Issue for consideration

Whether the criminal proceedings in C.C.No.13997/2021 (arising out of Crime No.0020/2021) against the petitioners for offences under Sections 498A, 323, 506, 504 r/w 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 should be quashed in view of the application for compounding under Section 320(2) CrPC and the settlement between the petitioners and respondent No.2.

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Court's answer

In view of the settlement entered into between the petitioners and respondent No.2 (recorded in Application I.A.1/2025 and the Joint Affidavit, including the settlement deed in G&WC No.95/2021 and the orders dated 09.12.2024), the Court proceeded to dispose of the petition on the footing of the compounding application.

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Ratio / Principle

The petition is disposed of in terms of Application I.A.1/2025 and the Joint Affidavit dated 15.07.2025.

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Key takeaways

The proceedings in C.C.No.13997/2021 (arising out of Crime No.20/2021 of respondent No.1 – Police) registered for the offences punishable under Sections 498(A), 323, 506, 504 r/w 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending on the file of the 41st Addl. Chief Judicial Magistrate, Bengaluru, are quashed insofar as the petitioners (accused Nos.1 and 2) are concerned.ratio¶75

Detailed headnote1 paragraphs

Criminal petition under Section 482 CrPC (filed as under Section 528 BNSS) by accused Nos.1 and 2 seeking quashing of the FIR in Crime No.0020/2021 dated 26.02.2021, the chargesheet in C.C.No.13997/2021 dated 15.05.2021 and the order dated 24.06.2021 in C.C.13997/2021 (offences under Sections 506, 34, 498A, 504, 323 IPC, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961) pending before the 41st Additional Chief Judicial Magistrate, Nrupatunga Road, Bengaluru. Pending orders, the petitioners and respondent No.2 (complainant) jointly filed Application I.A.1/2025 under Section 320(2) r/w Section 482 CrPC with a joint affidavit recording a settlement (settlement deed dated 15.03.2021 in G&WC No.95 of 2021 before the IV Additional Family Judge, Bangalore; custody orders dated 09.12.2024; mutual withdrawal of allegations; no claims of alimony or property; no collusion, force, fraud or undue influence). Holding that the matter stood settled between the parties, the Court disposed of the petition in terms of the application and joint affidavit dated 15.07.2025 and quashed the proceedings in C.C.No.13997/2021 (Crime No.20/2021) insofar as the petitioners were concerned.

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NC: 2025:KHC:26505 CRL.P No. 3846 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 15^TH DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.3846 OF 2025 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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MR. SHAIKH YUNUS AHMED, AGED ABOUT 37 YEARS, S/O. MR. SHAIK AHMED, R/AT NO.1 B SF A3, ELYSIAN MANOR APT, EAGLE STREET, LANDFORD TOWN, BENGALURU – 560 027.

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MRS. DILNAZ BEGUM AGED ABOUT 65 YEARS, W/O. SHAIK AHMED, R/AT NO.5/3, KHAZI STREET CROSS, BASAVANAGUDI, BANGALORE – 560 004.

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Digitally signed by CHANDANA B M

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Location: High Court of Karnataka

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BOTH ALSO AT HOUSE NO.7, J BLOCK, PRESTIGE APARTMENT, HOSUR ROAD, RICHMOND TOWN, BENGALURU

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(BY SRI. RAMESH H., ADVOCATE)

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AND:

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STATE OF KARNATAKA, REPRESENTED BY CUBBON PARK PS, REPRESENTED BY

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…PETITIONERS

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STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AMBEDKAR VEEDHI, BENGALURU – 560 001.

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MRS. NILOUFER ZACKRIA AGED ABOUT 35 YEARS,

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NC: 2025:KHC:26505 CRL.P No. 3846 of 2025

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HC-KAR

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D/O. ASLAM ZACKRIA SAIT, R/AT NO.6/4, 3^RD FLOOR, MARTELLO BOULEVARD, MUSEUM ROAD, BENGALURU – 560 001.

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…RESPONDENTS

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(BY SRI. B.N. JAGADEESHA, ADDL. SPP FOR R1; SMT. SONIA RAJESH, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE FIR IN CRIME NO.0020/2021 DATED 26.02.2021 PENDING BEFORE THE 41^st ADDITIONAL CHIEF JUDICIAL MAGISTRATE, NRUPATHUNGA ROAD, BENGALURU AGAINST THE PETITIONERS, WHO ARE ARRAIGNED AS THE ACCUSED FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 506, 34, 498-A, 504, 323 OF IPC 1860 AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT 1961 FILED BY THE CUBBON PARK POLICE STATION THAT IS THE RESPONDENT NO.1 AND ETC.

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

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CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, the petitioners seek the following reliefs:

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“a) To quash the FIR in Crime No.0020/2021 dated 26^th February 2021 pending before the 41^st Additional Chief Judicial Magistrate, Nrupatunga Road, Bengaluru against petitioner who is arraigned as the accused for the alleged offences punishable under Sections 506, 34, 498A, 504, 323 of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961 filed by the Cubbon Park Police Station, i.e., the Respondent No.1.

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b) To quash the Chargesheet in C.C.No.13997/2021 dated 15^th May 2021 filed by the Cubbon Park Police Station, i.e., the Respondent No.1 pending before the 41^st Additional

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NC: 2025:KHC:26505 CRL.P No. 3846 of 2025

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HC-KAR

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Chief Judicial Magistrate, Nrupatunga Road, Bengaluru against petitioner who is arraigned as the accused for the alleged offences punishable U/s Sections 506, 34, 498A, 504, 323 of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961; and

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c) Quash the Order dated 24^th June 2021 passed in C.C.13997/2021 pending before the 41^st Additional Chief Judicial Magistrate, Nrupatunga Road, Bengaluru for the alleged offences punishable u/s Sections 506, 34, 498A, 504, 323 of IPC, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961 and;

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d) Consequently, quash the entire and all further proceedings in Crime No.0020/2021 registered as C.C.No.13997/2021 and

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e) For the reasons stated supra, the petitioner prays this Hon'ble Court to pass any appropriate order or issue any appropriate direction as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice.”

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Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2^nd respondent – complainant have filed Application – I.A.1/2025 along with Joint Affidavit duly signed by the petitioners, 2^nd respondent and their respective counsel and the same is taken on record.

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NC: 2025:KHC:26505 CRL.P No. 3846 of 2025

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HC-KAR

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Petitioners – accused Nos.1 and 2 and their counsel

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and 2^nd respondent and her counsel are physically present before the Court and they admit the contents of the Application and Joint Affidavit, which reads as under:-

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“APPLICATION FOR COMPOUNDING FILED UNDER

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SECTION 320(2) R/W SEC. 482 OF CODE OF CRIMINAL PROCEDURE

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For the reasons stated in the accompanying joint affidavit this Hon'ble Court may be pleased to allow this application and consequently permit the petitioners and the 2^nd respondent to compound the case and quash the entire proceedings in C.C.No.13997/2021 (Crime No.20/2021) registered by the 1^st respondent (Cubbon Park Police station) pending on the file of the 41^st Addl. Chief Metropolitan Magistrate, Bengaluru against the petitioners for the offence punishable under Sec. 498(A), 323, 506, 504, r/w 34 IPC and Sec. 3 and 4 of Dowry Prohibition Act 1961 in the interest of justice.”

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“JOINT AFFIDAVIT

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I, MR. YUNUS AHMED S/O Mr. Shaik Ahmed Aged 37 years R/A 1B SF A3, Elysian Manor Apt, Eagle Street, LandFord Town, Bengaluru, Karnataka 560027, MRS.DILNAZ BEGUM Aged 65 years W/o Shaik Ahmed R/A 5/3 Khazi street cross Basavanagudi Bangalore Karnataka 560004, and MRS.NILOUFER ZACKRIA D/O Aslam Zackria Sait, Aged 35 years, R/A No. 6/4, 3^rd Floor, Martello

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NC: 2025:KHC:26505 CRL.P No. 3846 of 2025

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HC-KAR

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Boulevard, Museum Road, Bengaluru - 560001 do solemnly hereby swear:

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1. We state that we are the Petitioners and Respondent No.2 in the above case. We are well-aware of the facts and circumstances of this instant case and are competent to swear to this affidavit.

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2. We state that Petitioner No.1 and Respondent No.2, hereby have entered into a settlement deed dated in the G and WC we filed dated 15.03.2021 in G and WC No.95 of 2021 before the Hon'ble IV Additional Family Judge at Bangalore, It is submitted that as per the terms of the settlement deed the respondent agrees to withdraw all the allegation and not to pressed the said allegation before the Hon'ble IV Additional Family Judge. Further the petitioner agrees on the primary custody of Master. Omar Farouq aged about 7 years to be with the Petitioner (Father) of the child Mr.Shaik Yunus Ahmed. Further the petitioner agrees on the primary custody of Master. Osman Raza aged about 4 years to be with the Respondent No.2 (Mother) of the child Niloufer Zackria. Further the Petitioner No.1 and Respondent No.2 has mutual agrees shall be allowed to meet their children over weekends upon prior communication by both the parties and mutual convenience.

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3. We state that we have по other claims of permanent alimony/maintenance or any other claims against each other either for the past, present or future.

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4. We further state that we have no claims whatsoever nature with regard to movable or immovable properties belonging to each other existing or to acquire in future.

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NC: 2025:KHC:26505 CRL.P No. 3846 of 2025

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HC-KAR

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5. We state that we have already exchanged their respective valuable articles and other personal belongings.

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6. We further state that there has been no collusion or force, fraud, or any undue influence in entering into this settlement agreement in the aforesaid manner.

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7. We state that we agree not to interfere in the lives of

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each other in future.

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8. We, Mr. Shaik Yunus Ahmed and Mrs. Niloufer Zackria state that the settlement agreement dated 9^th December 2024 has been acted upon by us in G and WC 95 of 2021 state that a custody of the child has been filed on 15.03.2021 in G and WC 95 of 2021 before the Hon'ble IV Additional Family Judge at Bangalore and as such, the Hon'ble Court has passed necessary orders on 9^th December 2024 accordingly.

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9. We state that the contents of this affidavit are true and correct to the best of our knowledge, information, and belief. We state that in view of the above averments, it is prayed that this Hon'ble Court be pleased to quash the FIR and compliant Chargesheet in C.C.No.13997/2021 dated 15^th May 2021 filed by the Cubbon Park Police Station, i.e., the Respondent No.1 pending before the 41^st Additional Chief Judicial Magistrate, Nrupatunga Road, Bengaluru against petitioner who is arraigned as the accused for the alleged offences punishable U/s under Sec.498(A), 323, 506, 504, r/w 34 IPC and Sec. 3 and 4 of Dowry Prohibition Act 1961.”

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In view of the aforesaid settlement entered into between the petitioners and 2^nd respondent, I pass the following:

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NC: 2025:KHC:26505 CRL.P No. 3846 of 2025

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HC-KAR

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ORDER

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(i) The petition is disposed of in terms of Application –

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I.A.1/2025 and Joint Affidavit dated 15.07.2025.

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(ii) The proceedings in C.C.No.13997/2021 (arising out of Crime No.20/2021 of 1^st respondent – Police) registered for the offences punishable under Sections 498(A), 323, 506, 504 r/w 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, pending on the file of 41^st Addl. Chief Judicial Magistrate, Bengaluru, insofar as

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the petitioners are concerned are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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List No.: 5 Sl No.: 10

Mr Shaikh Yunus Ahmed v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Shaikh Yunus Ahmed v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

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