Disposed¶36

Mr Dawood Ahmed v. the State of Karnataka

Quashing of FIR – matrimonial dispute

Karnataka HC4 Feb 2025CRL.P/4434/2024

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Case brief

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What is this about?

Karnataka High Court, Bengaluru; CRL.P No. 4434 of 2024; decided 04.02.2025 by Justice S.R. Krishna Kumar; quashing of FIR in Crime No.15/2024 of South East Women Police Station; offences under S.498A r/w S.34 IPC and S.4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019; XXXIX ACMM Bangalore; disposal based on Joint Compromise dated 04.02.2025 and Memorandum of Settlement dated 07.01.2025 in OS No.329/2024 (VI Addl. Family Judge, Bengaluru); compoundable offences; proceedings quashed qua petitioner only.

What did the court decide?

Petition disposed of in terms of the Joint Compromise dated 04.02.2025; FIR in Crime No.15/2024 and all further proceedings thereon quashed insofar as the petitioner is concerned. ¶36

Mr Dawood Ahmed Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of the Joint Compromise dated 04.02.2025; FIR in Crime No.15/2024 and all further proceedings thereon quashed insofar as the petitioner is concerned.

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Issue for consideration

Whether the FIR, complaint and entirety of proceedings in Crime No.15/2024 of South East Women Police Station (offences under S.498A r/w S.34 IPC and S.4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019) pending before the XXXIX Additional Chief Metropolitan Magistrate, Bengaluru should be quashed insofar as the petitioner is concerned, in view of the settlement between the parties.

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Court's answer

In view of the settlement entered into between the petitioner and respondent No.2, the petition is disposed of in terms of the Joint Compromise dated 04.02.2025.

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Ratio / Principle

All further proceedings pursuant to the FIR in Crime No.15/2024 registered by respondent No.1-Police for the offences punishable under Section 4 of the Muslim Women (Protection of Rights of Marriage) Act, 2019 and under Section 498-A r/w 34 of IPC, pending on the file of XXXIX ACMM, Bangalore, are quashed insofar as the petitioner is concerned.

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Detailed headnote1 paragraphs

Quashing of FIR — matrimonial dispute — Criminal Petition under S.482 Cr.PC (case registered as 482(Cr.PC)/528(BNSS)) seeking quashing of FIR, complaint and entire proceedings in Crime No.15/2024 of South East Women Police Station for offences punishable under S.498A r/w S.34 IPC and S.4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending before the XXXIX Addl. CMM, Bengaluru, insofar as the petitioner (husband/accused No.1) is concerned — petitioner and respondent No.2 (wife/complainant) amicably settled all disputes by Memorandum of Settlement dated 07.01.2025 in OS No.329/2024 before the VI Additional Family Judge, Bengaluru, and filed a Joint Compromise dated 04.02.2025 stating the offences to be compoundable — parties physically present before the Court and admitted the contents of the Joint Compromise — Held: petition disposed of in terms of the Joint Compromise dated 04.02.2025 and all further proceedings pursuant to the FIR in Crime No.15/2024 quashed insofar as the petitioner is concerned.

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NC: 2025:KHC:5232 CRL.P No. 4434 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4434 OF 2024 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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MR DAWOOD AHMED S/O LATE M U MOHAMMED AGED ABOUT 31 YEARS R/O NO.11/1, 4^TH FLOOR, 8^TH B MAIN 4^TH CROSS, BTM LAYOUT 1^ST STAGE BENGALURU-560 029. PERMANENT R/O NEAR HOTEL WOODLAND LODGE PENSION MOHALLA, 3^RD CROSS CHIKKAMAGALURU-577 101.

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…PETITIONER

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(BY SRI. ARPAN B PATTANASHETTI, ADVOCATE) AND:

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THE STATE OF KARNATAKA BY SOUTH EASE WOMEN PS HIGH COURT BUILDING BANGALOREJ – 560 001. REPRESENTED BY SPP

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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MRS SHIREN DAWOOD W/O DAWOOD AHMED AGED ABOUT 26 YEARS C/O ABUBAKKAR, MASIDIKERE VTC-B KANABUR, PO-BALEHONNUR SUB DISTRICT-NARASINHARAJAPURA DISTRICT-CHIKKAMAGALURU-577112 PREVIOUSLY R/ ALSO AT SYEDI RESIDENCY, 8^TH B MAIN, KEB COLONY, 1^ST STAGE, NEW GURAPPANA PALYA, BENGALURU – 560 029.

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…RESPONDENTS

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(BY SRI. THEJESH, HCGP FOR R-1 SRI. VIKHAR AHMED.B. ADVCOATE FOR R-2)

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NC: 2025:KHC:5232 CRL.P No. 4434 of 2024

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR, COMPLAINT AND ENTIRELY OF PROCEEDINGS IN THE CR.NO.15/2024 OF SOUTH EAST WOMEN POLICE STATION FOR OFFENCE U/S 498A OF IPC AND SEC. 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 AGAINST THE PETITIONER ON THE FILE OF THE HONBLE XXXIX ADDL. CMM, BENGALURU INSOFAR AS THE PETITIONER IS CONCERNED.

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THIS PETITION, COMING ON FOR ADMISSION, 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, petitioner seeks for the following reliefs:-

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“ a) Call for the records in the Cr.No. 15/2024 of south East women Police Station for offences under Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A against the Petitioner on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru.

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b) Quash the FIR, Complaint and entirety of proceedings in the Cr.No.15/2024 of South East Women Police Station for offences under Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A against the Petitioner on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru insofar as the Petitioner is concerned.

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C) Grant such other relief/s as this Hon’ble Court deems fit to grant in facts and circumstances of the case.”

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NC: 2025:KHC:5232 CRL.P No. 4434 of 2024

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Learned counsel for the petitioner – accused No.1 and learned counsel for 2^nd respondent – complainant have filed a Joint Compromise dated 04.02.2025 duly signed by the petitioner, 2^nd respondent and their respective counsel. The same is taken on record.

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Petitioner – accused No.1 and respondent No.2complainant are physically present before the Court and they admit the contents of the aforesaid Joint Compromise, which reads as under:-

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“The Counsels for Petitioner and Respondent No.2 respectfully submits as follows;

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1. It is submitted that the complainant in Cr.No.15 of 2024 and the Petitioner herein have amicably settled all their disputes. And have entered into a Memorandum of Settlement dated 07.01.2025 in OS No.329/2024, before the VI Additional Family Judge, Bengaluru. A copy of the memorandum of settlement and decree is annexed hereto for the kind perusal of the Hon’ble Court.

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2. It is submitted that, the offences in the present case under Section 34 and Section 498A of the IPC and Section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019, are compoundable in nature. As the dispute has been fully settled and no further issues remain between the Petitioner and the Complainant/Respondent No.2.

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4 - NC: 2025:KHC:5232 CRL.P No. 4434 of 2024

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Wherefore, in view of the above, it is respectfully prayed that this Hon’ble Court be pleased to Quash the Complaint, FIR and the entire proceedings in Cr.No.15/2024 of South East Women Police Station for offences under section 4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru.”

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

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ORDER

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(i) Petition is disposed of in terms of the Joint Compromise dated 04.02.2025.

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(ii) All further proceedings pursuant to FIR in Crime No.15/2024 registered by the 1^st respondent – Police for the offences punishable under Section 4 of the Muslim Women (Protection of Rights of Marriage) Act, 2019 and under Section 498-A r/w 34 of IPC, pending on the file of XXXIX ACMM, Bangalore, insofar as the petitioner is concerned are hereby quashed.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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Srl.

Mr Dawood Ahmed v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Dawood Ahmed v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

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What the court decided

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