Mr. Syed Afroz Ahmed Vs Mrs. Tasbiya Khan

MRS. TASBIYA KHAN, DAUGHTER OF MR.MD SALEEM KHAN, WIFE OF MR.SYED ABUZAR AHMED, AGED ABOUT 29 YEARS, R/AT NO.32 S, 1^ST STREE, OPH ROAD, LAL MASJID ROAD, BANGALORE - 560 051.

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STATE OF KARNATAKA,

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BY EAST ZONE WOMEN P.S., BANGALORE. REPRESENTED BY LEARNED SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001.

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…RESPONDENTS

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(BY SRI. MOHAMMED WAZEER., ADVOCATE FOR R1(NOC) SRI.VENKAT SATYANARAYAN.A, HCGP FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.25069/2021, PENDING ON THE FILE OF VI TH ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, BANGALORE FOR OFFENCE P/U/S 498A, 504, 323 R/W SEC. 34 OF IPC, SEC. 3 AND 4 OF D.P. ACT, VIDE ANNEXURE-A.

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NC: 2025:KHC:26805 CRL.P No. 8223 of 2023

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HC-KAR

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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 MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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Both learned counsel for the petitioners and respondent No.1 as well as learned High Court Government Pleader for respondent No.2/State are present.

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The petitioners/accused Nos.2 to 5 and respondent No.1/complainant are present.

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This petition is filed by the petitioners/accused

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Nos.2 to 5 under Section 482 of Cr.P.C, to quash the entire proceedings in C.C No.25069/2021 for the offences punishable under Sections 498A, 504, 323 read with Section 34 of I.P.C and Sections 3 and 4 of Dowry Prohibition Act pending on the file of VI Additional Chief Metropolitan Magistrate, Bangalore.

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NC: 2025:KHC:26805 CRL.P No. 8223 of 2023

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HC-KAR

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A joint affidavit is filed reporting amicable

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settlement between the parties. The joint affidavit reads as under:

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JOINT AFFIDAVIT:

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"I, 1. Mr. Syed Afroz Ahmed @ Syed Afroz, Petitioner No.1/Accused No.2, Aged about 59 years, S/o. Mr.Syed Ahmed, 2. Sajida Begum @ Sajida Banu, W/o Mr.Syed Afroz Ahmed, Aged about 52 years, No.1 and 2 are R/at: No.G2, Tawakkal Tangent, 18^th Cross Road, Hall Road Extention, Bengaluru - 560005. 3. Mrs.Syeda Almas, D/o. Mr.Syed Ahmed, W/o Mr.Mohammed Mustafa, Aged about 26 years, 4. Mr. Mohammed Mustafa, S/o. Mr.Shakeel Ahmed, Aged about 35 years, No.3 and 4 are R/at: No.17, Davis Road Cross, Sagayapuram, Bengaluru - 560005 and 5. Mrs. Tasbiya Khan, Complainant/Respondent D/o Mr. Md Saleem Khan, W/o. Mr. Syed Abuzar Ahmed, Aged about 29 years, R/at: No.32, 1^st Street, OPH Road, Lal Masjid Road, Bangalore - 560 051, do hereby solemnly affirm and state on oath as follows:-

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We state that we are aware about the filing of the above proceedings. The petitioner No.1 to 4 have filed the above proceedings seeking the relief of quashing the charge sheet submitted by the 2^nd respondent police as the complaint was filed by the 1^st of us by the husband of 1^st of respondent of us and other family members of my husband. Therefore, we know the facts and circumstances of the case. Hence, we are swearing to this affidavit.

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We state that, No.1 to 4 of us are the petitioners and No.5 is the 1^st respondent in the above petition. The 1^st respondent of us, have filed a complaint against my husband and in-laws before East Zone, Women's' Police Station, Bengaluru in

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NC: 2025:KHC:26805 CRL.P No. 8223 of 2023

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HC-KAR

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Crime No.33/2021 later the said police have filed a charge sheet in C.C.No.25069/2021 pending before the XI A.C.M.M Mayo hall, at Bengaluru.

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We state that the petitioners No.1 to 4 of us have filed the above petition seeking the quashing of the criminal case filed against us. During the pendency of the above proceedings, the 1^st respondent who is the daughter-in-law of the 1^st and 2^nd respondent and sister-in-law of the 3^rd and 4^th petitioner has compromised the matter with her husband Mr.Syed Abuzar Ahmed, she has pronounced Talaq that is Khula to her husband Mr.Syed Abuzar Ahmed. Therefore, the 1^st respondent of us is married and residing separately.

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We further state that, the husband of the 5^th declarant declares that she has received 100 grams of gold at the time of appearance of this Hon'ble Court in Crl.Mics.No.8875/2025. And this the 5^th of us have received remaining gold 81 grams from the petitioner No.1 to 4 before this Hon'ble Court, Therefore, there is no claim against the husband of the 5^th of us and other family members. Further, the 5^th respondent of us declares that, the husband of the 5^th respondents of us has agreed to pay a sum of Rs.3,00,000/at the time of withdrawal of proceedings initiated by the 5^th of us against my husband Mr.Syed Abuzar Ahmed which is pending before the 1^st MMC Traffic Court at Bengaluru in Cr.Misc.14/2013. Therefore, all the disputes have been settled between either and other parties. There are no claims against each other in future, concerning the marriage of the 5^th of us with the Mr.Syed Abuzar Ahmed.

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We state that, No.1 to 4 of us are residing separately, since the matter between Mr.Syed Abuzar Ahmed, husband of the 1^st respondent and the 1^st respondent, now, they have settled the matter amicably. There is no necessity to continue

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6 - NC: 2025:KHC:26805 CRL.P No. 8223 of 2023

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HC-KAR

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the proceedings. Further, the contents made in the other joint affidavit filed in Crl.Petition No.8875/2025 which is filed by the husband of the 5^th respondent of us, may be considered along with this petition. Since, the matter is compromised between us and the 1^st respondent, the said criminal proceedings may be quashed as prayed in the petition.

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We, the deponents above named do hereby declare that what is stated above is true and correct to the best of our knowledge, information and belief and this is our name and signature."

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Respondent No.1/complainant admits the

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

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ORDER

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(i) The petition filed under Section 482 of Cr.P.C, is allowed.

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(ii) The entire proceedings in

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C.C No.25069/2021 pending on the file of VI Additional Chief Metropolitan Magistrate, Bengaluru, is hereby quashed.

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