Mr. Mohammed Tausif Vs State of Karnataka — Domestic Violence | Karnataka HC (2025)

Mr. Mohammed Tausif Vs State of Karnataka — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Quashing of the proceedings initiated pursuant to FIR in Crime No.339/2022 of Basavanagudi Women Police Station and the proceedings in C.C.No.4141/2024 (XXXVII Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru), insofar as they relate to the petitioners.

Issue for consideration

Whether the criminal proceedings initiated pursuant to FIR in Crime No.339/2022 of Basavanagudi Women Police Station (and the consequential case C.C.No.4141/2024) against the husband and his relatives ought to be quashed, in view of the amicable resolution of the matrimonial dispute between the husband and wife.

Court's answer

Since the criminal proceedings arise out of a matrimonial dispute between husband and wife, no heinous offences are alleged against the petitioners, and the parties have amicably resolved their dispute and resumed their marital relationship (joint application dated 03.11.2025), the interest of justice requires that the criminal proceedings against the husband and his relatives be quashed; the learned HCGP for respondent No.1 had no objection.

Ratio / Principle

The writ petitions are allowed, and the proceedings initiated pursuant to the FIR in Crime No.339/2022 by respondent No.1-police stand quashed insofar as they relate to the petitioners.

Key takeaways

Consequently, the proceedings in C.C.No.4141/2024 pending before the XXXVII Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru stand quashed insofar as they relate to the petitioners.ratio¶74

Detailed headnote1 paragraphs

Criminal law — quashing of FIR — matrimonial dispute. Writ petitions under Articles 226 and 227 of the Constitution read with Section 482 of Cr.P.C. by the husband (W.P.No.28959/2023) and his relatives (W.P.No.28769/2023) to quash FIR dated 29-11-2022 in Crime No.339/2022 of Basavanagudi Women Police Station, alleging offences under Sections 498A, 500, 504, 506 IPC and Sections 3 and 4 of the DV Act; after investigation the police report charged the petitioners under Sections 498A, 354, 500, 504 and 506 of the IPC, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961. Husband and wife filed a joint application dated 03.11.2025 stating their disputes were resolved amicably and they would continue as husband and wife, jointly praying for quashing; the learned HCGP raised no objection. Holding the proceedings to arise from a matrimonial dispute with no heinous offences alleged, and to facilitate peaceful and harmonious living, the Court held the interest of justice required quashing: the proceedings pursuant to FIR Crime No.339/2022 and the consequential proceedings in C.C.No.4141/2024 before the XXXVII Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru stand quashed insofar as the petitioners are concerned; petitions allowed. (M.I. Arun, J.)

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NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023

HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE M.I.ARUN WRIT PETITION NO.28959 OF 2023 (GM-RES) C/W

WRIT PETITION NO.28769 OF 2023 (GM-RES)

IN WP No.28959/2023

BETWEEN:

Digitally signed by GEETHA P G Location: HIGH COURT OF KARNATAKA

MR. MOHAMMED TAUSIF AGED 35 YEARS, R/AT NO.6/A, 3^RD CROSS, 3^RD MAIN ROAD, ITI LAYOUT, NAYANDAHALLI, BANGALORE-560 039.

(BY SRI GANAPATHI BHAT, ADVOCATE FOR

SMT. RACHITHA RAJSHEKAR, ADVOCATE)

…PETITIONER

AND:

STATE OF KARNATAKA THROUGH CHANDRA LAYOUT POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE-01.

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NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023

HC-KAR

ZAIBA BAKTHIYAR

AGED 30 YEARS, W/O MUHAMMAD TOUSIF, NO.12-1-21/A, NEAR TB CROSS, EXTENSION MOHALLA, RAMANAGARA-562 159.

…RESPONDENTS

(BY SRI. K. NAGESHWARAPPA, HCGP., FOR R.1; SRI N.S. SRIHARI, ADVOCATE FOR R.2.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR DATED 29-11-2022 IN CRIME NO.0339/2022 OF BASAVANAGUDI WOMEN POLICE STATION VIDE ANNEXURE-A FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 500, 504, 506 IPC AND SECTIONS 3 AND 4 OF THE DV ACT IN SO FAR AS THE PETITIONER IS CONCERNED, ETC.

IN WP NO.28769/2023

BETWEEN:

SMT. FAREEDA BEGUM C/O MOHABOOB SAB AGED 64 YEARS, R/AT NO.6/A, 3^RD MAIN, 3^RD CROSS, I T I LAYOUT, BENGALURU, KARNATAKA-560 039.

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NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023

HC-KAR

SRI MOHAMMAD YASIN AGED 30 YEARS, S/O ANWAR JAN, NO.244, BCC LAYOUT, 2^ND STAGE, 18^TH CROSS, CHANDRA LAYOUT, BANGALORE SOUTH, BANGALORE-560 039.

SRI MOHAMMAD AZHAR AGED 26 YEARS, S/O ANWAR JAN, #6/A, 3^RD MAIN, 3^RD CROSS, ITI LAYOUT, BANGALORE-560 039.

SRI ANWAR JAN AGED 66 YEARS, NO.6/A, 3^RD MAIN, 3^RD CROSS, ITI LAYOUT, BANGALORE-560 039.

SRI NAZEER AHMAD AGED 55 YEARS, S/O MAHABOOB SAHAB, NO.17, GROUND FLOOR, 1^ST MAIN ROAD, 17^TH CROSS,

BAUJI NAGAR BANGALORE-560 026.

SRI ANSARA PASHA AGED 55 YEARS, S/O MAHABOOB, NO.1264 11^TH CROSS, NEAR SIDDAGANGA PUBLIC SCHOOL CHANDRA LAYOUT, BANGALORE

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HC-KAR

KARNATAKA-560 039.

SMT. ASMA @ NOOR FATHIMA AGED 32 YEARS, GANAPATHI TEMPLE ROAD NEAR RAGHAVENDRA TEMPLE SIRA, KARNATAKA-560 039.

SMT. YAASMIN @ GOWHAR JAHAN AGED 50 YEARS, W/O. M. ANSAR PASHA, NO.1264 11^TH CROSS, NEAR SIDDAGANGA PUBLIC SCHOOL CHANDRA LAYOUT, BANGALORE KARNATAKA-560 039.

SRI AZHAR PASHA AGED 57 YEARS, S/O MAHABOOB SAHEB, NO.244, 18^TH CROSS, BCC LAYOUT, 2^ND STAGE, CHANDRA LAYOUT, BANGALORE-560 039.

SRI NAJAM UNNISA AGED 79 YEARS, W/O. MAHABOOB, NO.1264, 11^TH CROSS, NEAR SIDDAGANGA PUBLIC SCHOOL, 1^ST PHASE, 1^ST STAGE, CHANDRA LAYOUT, BANGALORE-560 072.

...PETITIONERS

5 - NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023

HC-KAR

(BY SRI GANAPATHI BHAT, ADVOCATE FOR SMT. RACHITHA RAJASHEKAR, ADVOCATE)

AND:

STATE OF KARNATAKA THROUGH BASAVANAGUDI WOMEN POLICE STATION, REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BANGALORE-01.

ZAIBA BAKTHIYAR AGED 30 YEARS, W/O. MUHAMMAD TOUSIF, NO.12-1-21/A, NEAR TB CROSS, EXTENSION MOHALLA, RAMANAGARA-562 159.

...RESPONDENTS

(BY SRI. K. NAGESHWARAPPA, HCGP., FOR R.1; SRI N.S. SRIHARI, ADVOCATE FOR R.2.)

THIS WRIT PETITION IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT DATED 29.11.2022 IN CRIME NO.0339/2022 OF BASAVANAGUDI WOMEN POLICE STATION VIDE ANNEXURE-A FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 500, 504, 506 IPC AND SECTIONS 3 AND 4 OF THE DV ACT IN SO FAR AS THE PETITIONERS ARE CONCERNED, ETC.

THESE PETITIONS, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THROUGH PHYSICAL HEARING/VIDEO CONFERENCING THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC:44098 WP No. 28959 of 2023 C/W WP No. 28769 of 2023

HC-KAR

CORAM: HON'BLE MR. JUSTICE M.I.ARUN

ORAL ORDER

The petitioner in W.P.No.28959/2023 and

respondent No.2/complainant are husband and wife. The petitioners in W.P.No.28769/2023 are the relatives of the husband. There was a matrimonial dispute between the husband and wife, resulting in offences being alleged against the husband and his relatives. It resulted in filing of an FIR initially by way of Crime No.339/2022 on the file of the XXXVIII Additional Chief Metropolitan Magistrate, Bangalore. Aggrieved by the same, the husband and his relatives have preferred the aforementioned writ petitions with a prayer to quash the proceedings initiated pursuant to the FIR. In the meanwhile, after investigation, a police report has been submitted to the Court, wherein the petitioners have been charged for the offences punishable under Sections 498A, 354, 500, 504 and 506 of the IPC, 1860 along with Sections 3 and 4 of the Dowry Prohibition Act, 1961.

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HC-KAR

It is now submitted by both the petitioners and the complainant counsel that the husband and wife have resolved their disputes amicably, and have decided to continue their relationship as husband and wife, and in the interest of both the parties, they together pray that the petitions be allowed as prayed for, and the criminal proceedings initiated against the petitioners be quashed. They have filed a joint application dated 03.11.2025 in this regard.

It is seen that the criminal proceedings are pursuant to the matrimonial dispute between the husband and wife, and no heinous offences are alleged against the petitioners. Under the circumstances, in order to facilitate peaceful and harmonious living of the petitioners as well as the complainant, the interest of justice requires that the criminal proceedings against the husband and his relatives are to be quashed.

The learned High Court Government Pleader appearing for respondent No.1 has no objection for the same.

Hence the following:-

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HC-KAR

ORDER

i. The petitions are allowed .

ii. The proceedings initiated pursuant to the FIR in Crime No.339/2022 by respondent No.1-police

insofar as it relates to the petitioners are concerned stand quashed.

iii. Consequently, proceedings in C.C.No.4141/2024 pending on the file of XXXVII Additional Chief Metropolitan Magistrate Court, Nrupatunga Road, Bengaluru, insofar as it relates to the petitioners are concerned stand quashed.

Sd/(M.I.ARUN) JUDGE

VMB List No.: 1 Sl No.: 33