Disposed¶27

Mr Syed Muzamil v. the State of Karnataka

Karnataka HC29 Jan 2025CRL.P/7112/2024

Case brief

AI extract

What is this about?

Karnataka HC (Bengaluru), CRL.P No. 7112 of 2024, S.R. Krishna Kumar J., 29-01-2025: 482 Cr.PC / 528 BNSS quashing petition by husband (Syed Muzamil) against wife's case (Afia Tabasum) being C.C.No.30727/2023 before VI Addl. C.M.M. and FIR No.184/2022, Suddaguntepalya P.S., S.498A IPC; petition disposed of as withdrawn with liberty to seek discharge/file discharge application before the Sessions Court and to pursue other legal remedies; no ruling on merits.

What did the court decide?

Petition disposed of as withdrawn, with liberty reserved to the petitioner to seek discharge and/or file an application for discharge before the Sessions Court (to be considered in accordance with law), and further liberty to take recourse to such other remedies as available in law subsequently. ¶27

Mr Syed Muzamil Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the proceedings in C.C.No.30727/2023 pending before the VI Addl. C.M.M. Court, the complaint and FIR No.184/2022 registered by Suddaguntepalya P.S. for the offence under S.498A IPC ought to be quashed under S.482 Cr.P.C. (Note: the issue was not decided, as the petition was withdrawn.)

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Ratio / Principle

The petition is disposed of as withdrawn, reserving liberty in favour of the petitioner to seek discharge and/or file an application for discharge, which shall be considered by the Sessions Court in accordance with law.

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Key takeaways

Liberty is also reserved in favour of the petitioner to take recourse to such other remedies as available in law subsequently.ratio¶32

Detailed headnote1 paragraphs

Criminal petition under S.482 Cr.P.C. (corresponding to 528 BNSS) filed by the husband, Syed Muzamil, praying to quash the proceedings in C.C.No.30727/2023 pending before the VI Addl. C.M.M. Court (Annexure-A) and the complaint and FIR No.184/2022 registered by Suddaguntepalya P.S. for the offence punishable under S.498A IPC (Annexure-B), instituted on the complaint of his wife, Afia Tabasum (respondent No.2); State of Karnataka through the said police station is respondent No.1. When the matter came up for orders, after arguing for some time, learned counsel for the petitioner submitted that the petition be disposed of reserving liberty to seek discharge and/or file a discharge application before the Sessions Court. Accepting the submission, the High Court (S.R. Krishna Kumar J.) disposed of the petition as withdrawn, reserving liberty to the petitioner to seek discharge and/or move a discharge application before the Sessions Court, to be considered in accordance with law, and additionally reserving liberty to take recourse to such other remedies as available in law subsequently. Decided on 29 January 2025. The merits of the quashing prayer were not adjudicated.

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NC: 2025:KHC:3937 CRL.P No. 7112 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 29^TH DAY OF JANUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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CRIMINAL PETITION NO. 7112 OF 2024 (482(Cr.PC) / 528(BNSS))

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BETWEEN:

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MR. SYED MUZAMIL S/O SYED TAJUDDIN AGED ABOUT 42 YEARS R/AT NO.52, TAJ ASPIRE 8 'B' MAIN, 1^ST STAGE, BTM LAYOUT BANGALORE 560 029

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…PETITIONER

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(BY SMT. KSHAMA NARAGUND FOR SMT. SONA VAKKUND, ADVOCATES)

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AND:

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Digitally signed by ANJALI M Location: HIGH COURT OF KARNATAKA

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THE STATE OF KARNATAKA THROUGH SIDDAGUNTEPALYA POLICE STATION REPRESENTED BY SPP HIGH COURT OF KARNATAKA AMBEDKAR VEEDHI BANGALORE-560 001

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MRS. AFIYA TABASUM W/ SYED MUZAMIL D/O AHMED JAN JABBAR AFAKIR AGED ABOUT 32 YEARS R/AT NO.50, 8^TH 'A' MAIN 1^ST STAGE, BTM LAYOUT BANGALORE-560 029

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…RESPONDENTS

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(BY SMT. M.M. WAHEEDA, HCGP FOR R1)

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NC: 2025:KHC:3937 CRL.P No. 7112 of 2024

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THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.30727/2023 PENDING BEFORE THE VI ADDL.C.M.M COURT VIDE ANNEXURE-A AND QUASH THE COMPLAINT AND FIR NO.184/2022 REGISTERED BY SUDDAGUNTEPALYA P.S. FOR THE OFFENCE P/U/S 498A OF IPC VDIE ANNEXURE-B.

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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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After arguing the matter for some time, learned counsel

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for the petitioner submits that the petition may be disposed of reserving liberty in favour of the petitioner to seek discharge and/or file an application for discharge before the Sessions Court, who may be directed to consider and pass appropriate orders in accordance with law.

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Submission is placed on record.

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Petition is disposed of as withdrawn reserving

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liberty in favour of the petitioner to seek discharge and/or file an application for discharge, which shall be considered by the Sessions Court in accordance with law.

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NC: 2025:KHC:3937 CRL.P No. 7112 of 2024

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