Tasmiya Turabi Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

Tasmiya Turabi Vs State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition disposed of in terms of Joint Affidavit dated 10.01.2025; complaint dated 03.09.2021, FIR in Crime No.94/2021 dated 07.09.2021 and C.C.No.33610/2021 (including charge sheet dated 26.11.2022 and cognizance order dated 26.11.2021) quashed in relation to the petitioners/accused Nos.1 to 6.

Issue for consideration

Whether the complaint dated 03.09.2021, FIR dated 03.09.2021 in Crime No.94/2021, charge sheet dated 26.11.2022 and order of cognizance dated 26.11.2021 in CC No.33610/2021 against the petitioners (accused Nos.1 to 6), for offences punishable under Sections 498-A, 504, 506, 323 r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, ought to be quashed in view of the amicable settlement between the petitioners and respondent No.2 recorded in the Joint Affidavit.

Court's answer

In view of the compromise entered into between the petitioners and respondent No.2, the criminal petition is disposed of in terms of the Joint Affidavit dated 10.01.2025.

Ratio / Principle

The Complaint dated 03.09.2021 and FIR in Crime No.94/2021 dated 07.09.2021 of East Zone Women Police Station, Bengaluru City, and C.C.No.33610/2021 pending on the file of the 11th Addl. Chief Judicial Magistrate, Mayohall, Bengaluru City, are quashed in relation to the petitioners.

Detailed headnote1 paragraphs

Criminal petition under Section 482 Cr.P.C. (also noted as 528 BNSS) by six accused seeking quashing of the complaint dated 03.09.2021 and FIR dated 03.09.2021 in Crime No.94/2021 of East Zone Women Police Station, Bengaluru City, the charge sheet dated 26.11.2022 and the order of cognizance dated 26.11.2021 in C.C.No.33610/2021 (VI ACMM, Bengaluru City, transferred to 11th ACJM, Mayohall, Bengaluru) for offences punishable under Sections 498-A, 504, 506, 323 r/w Section 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act, insofar as the petitioners are concerned. Before the High Court, the petitioners (accused Nos.1 to 6) and respondent No.2 (the complainant) jointly filed an affidavit recording that the dispute was amicably settled at the intervention of elders: respondent No.2 had filed a divorce petition in OS No.11/2025 before the 1st Addl. Family Judge Court, Bengaluru, and agreed before mediation to withdraw her pending cases on receiving Meher amount of Rs.3,00,000/- (DD No.831495 dated 10.01.2025). HELD: In view of the compromise, the petition stands disposed of in terms of the Joint Affidavit dated 10.01.2025, and the complaint, FIR and C.C.No.33610/2021 are quashed in relation to the petitioners. (S.R. Krishna Kumar, J.; decided 10.01.2025.)

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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10^TH DAY OF JANUARY, 2025

BEFORE

THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.4853 OF 2024 (482(Cr.PC) / 528(BNSS)

BETWEEN:

TASMIYA TURABI W/O ASIF ALI TURABI. AGED ABOUT 40 YEARS. R/AT NO.07, JERMAIAH ROAD, FRAZER TOWN. BANGALORE – 560 046

SADIA @ SADIA FATIMA W/O FAROOQ SHAIK, AGED ABOUT 44 YEARS, R/AT NO.6025 B, 1^ST CROSS, RAVINDRANAGAR,

HASSAN – 573 201

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

TARANNUM @ SUMIYA TARANNUM, W/O MOHAMMED RIZWAN ALI, AGED ABOUT 36 YEARS, R/AT NO.99, GROUND FLOOR, ROBERTSON ROAD, NEAR G.K. VALE, FRAZER TOWN, BENGALURU – 560 005

NASEEMUNNISA W/O FIAZ AHMED SHARRIF, AGED ABOUT 64 YEARS, R/AT NO.3305, H N PURA ROAD SHARIFF COLONY, HASSAN – 573 201

FAROOQ SHAIK S/O LATE SHAIK ABDUL GAFFOOR AGED ABOUT 45 YEARS, R/AT NO.1081, 2^ND CROSS, RAVINDRA NAGARA, RAKSHANAPURAM, HASSAN – 573 201.

* Retyped and replaced vide Chamber order dated 22.01.2025

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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024

SHEERAZ AHMED SHARIEF,

S/O FAIZ AHAMED SHARIEF, AGED ABOUT 35 YEARS, RESIDING AT NO.6205-B, 1^ST CROSS, RAVINDRA NAGAR,

HASSAN – 573 201.

…PETITIONERS

(BY SRI. NITHYANANDA K.R. AND SRI. VYDYESWARA S, ADVOCATES)

AND:

STATE OF KARNATAKA REPRESENTED BY EAST ZONE WOMEN POLICE STATION, BANGALORE THROUGH THE OFFICE OF STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001

SMT RUKHSAR MUSTAFA SHARIF, W/O SHEERAZ AHMED, AGED ABOUT 33 YEARS, R/AT PRISHA ORCHIDS, NO.202 A - BLOCK, 2^ND FLOOR, OPP.MANIPAL ACADEMY, BHARTIYA CITY ROAD, CHOKKANAHALLI, BANGALORE – 560 064

…RESPONDENTS

(BY SMT. M.M.WAHEEDA, ADV. FOR R1; SRI. RAMESH H.E., ADV. FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C. PRAYING TO QUASH THE COMPLIANT DATED 03.09.2021 AND FIR DATED 03.09.2021 REGISTERED IN CRIME NO.94/2021 BEFORE VI ACMM, BENGALURU CITY NOW TRANSFERRED TO 11^TH ACJM, MAYOHALL, BENGALURU, FOR OFFENCE P/U/S 498-A, 504, 506, 323 R/W SEC.34 OF IPC AND SEC.3 AND 4 OF DOWRY PROHIBITION ACT IN SO FAR AS PETITIONERS ARE CONCERNED (ANNEXURES – A AND B) AND ETC.

* Retyped and replaced vide Chamber order dated 22.01.2025

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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024

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

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

ORAL ORDER

In this petition, the petitioners seek the following reliefs:

“ a) Quash the Complaint dated 03.09.2021 and FIR dated 03.09.2021 registered in Crime No.94/2021 before VI ACMM Bengaluru City transferred to 11 ACJM, Mayohall, Bengaluru, for offences punishable under Sections 498A, 504, 506, 323 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act in so far as petitioners are concerned (Annexures – A and B)

b) Quash the charge sheet dated 26.11.2022 in CC No.33610/2021 before VI ACMM, Bengaluru City, transferred to 11 ACJM, Mayohall, Bengaluru, for the offence punishable under Sections 498A, 504, 506, 323 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act in so far as petitioners are concerned (Annexure-C).

c) Set aside the impugned order of cognizance dated 26.11.2021 culminating in CC No.33610/2021 before VI ACMM, Bengaluru City, transferred to 11 ACJM, Mayohall, Bengaluru, for the offence punishable under Sections 498A, 504, 506, 323 r/w Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act in so far as petitioners are concerned (Annexure-D).”

* Retyped and replaced vide Chamber order dated 22.01.2025

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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024

2. Learned counsel for the petitioners – accused Nos.1 to

6 and learned counsel for 2^nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioners, 2^nd respondent and their respective counsel and the same is taken on record.

Petitioners – accused Nos.1 to 6 and their counsel, 2^nd respondent and her counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as

under:-

“ JOINT AFFIDAVIT

I, Maseemunnisa W/o Faiz Ahamed Sharief, aged about 64 years, R/at No.3305, HN Pura Road, Shariff Colony, Hassan, now at Bengaluru, do hereby solemnly affirm and state on oath as follows :

a. Tasmiya Turabi W/o Asif Ali Turabi

b. Sadia @ Sadia Fatime W/o Farooq Shaik

c. Tarannum and Sumiya Tarannum,

d. Farooq Shaik

e. Sheeraj Ahmed Shariff

I, Rukhsar Mustafa Sharif W/o Sheeraz Ahmed Sharif, aged about 33 years, R/at Prisha Orchids, No.202-A Block, 2^nd Floor, Opp. Manipal Academy, Bhartiya City Road, Chokkanahalli, Bengaluru – 560 064, do hereby solemnly affirm and state on oath as follows :

* Retyped and replaced vide Chamber order dated 22.01.2025

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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024

We state that, the petitioner No.4 is the mother and Nos.1, 2, 3, 4, 5 and 6 are my daughters and daughters-inlaws and son.

I am the respondent No.2 in the above case and I know the facts of the case.

It is submitted that, the petitioners and respondent No.2 at the intervention of elders and well wishers have amicably settled the dispute. It is submitted that, respondent No.2 had filed divorce petition in OS No.11/2025 before the 1^st Addl. Family Judge Court, at Bengaluru and wherein before mediation she has agreed to withdraw all her pending cases between herself and her husband be receiving Meher amount Rs.3,00,000/- DD No.831495 dtd. 10.01.2025, State Bank of India, Benson Town, Bengaluru. It is submitted that, in view of the said facts and circumstances the above petition may be allowed quashing entire proceedings initiated by Respondent No.2, in the interest of justice.”

In view of the aforesaid compromise entered into

between the petitioners and 2^nd respondent, I pass the following:

ORDER

(i) The petition is disposed of in terms of Joint Affidavit dated 10.01.2025.

(ii) The Complaint dated 03.09.2021 and FIR in Crime No.94/2021 dated 07.09.2021 of East Zone Women Police Station,

* Retyped and replaced vide Chamber order dated 22.01.2025

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NC: 2025:KHC:1093 CRL.P No. 4853 of 2024

Bengaluru City and C.C.No.33610/2021 pending on the file of the 11^th Addl. Chief Judicial Magistrate, Mayohall, Bengaluru City, in

relation to the petitioners are hereby quashed.

Sd/(S.R.KRISHNA KUMAR) JUDGE

SRL List No.: 1 Sl No.: 103

* Retyped and replaced vide Chamber order dated 22.01.2025