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Zaheer Ahmed vs State Of Karnataka on 4 January, 2018

1

IN THE HIGH COURT OF KARNATAKA, BENGALURU

DATED THIS THE 4TH DAY OF JANUARY, 2018

BEFORE

THE HON’BLE MR.JUSTICE K. N. PHANEENDRA

CRL.P. NO. 10299/2017
BETWEEN

1. ZAHEER AHMED,
S/O H. S. ABDUL HAMEED,
AGED 36 YEARS, R/A NO.3320/3,
2ND EIDGHA UMMER KHYAM ROAD,
OPP.B.T.MILL GATE, MYSURU-570 015.

2. MUNIRA BEGUM,
W/O ABDUL HAMID,
AGED ABOUT 70 YEARS,
R/A NO.723, MIG IST CROSS,
NEAR BAVA MEDICLE, 2ND STAGE,
RAJIVA NAGAR, MYSURU.

3. NASAREEN KAUSAR,
W/O SHEIKH NIZZAMUDDIN,
AGED ABOUT 45 YEARS,
R/A NO.723, MIG, 1ST CROSS,
NEAR BAVA MEDICLE, 2ND STAGE,
RAJIVA NAGAR, MYSURU.

4. MOHAMMAD KADAR,
S/O ABDUL HAMID,
AGED ABOUT 50 YEARS,
R/A NO.723, MIG, 1ST CROSS,
NEAR BAVA MEDICLE, 2ND STAGE,
RAJIVA NAGAR, MYSURU.

5. ZAARA FATHIMA,
W/O MOHAMMED KAISAR SUHAIL,
AGED ABOUT 40 YEARS,
R/A NO.723, MIG, 1ST CROSS,
2

NEAR BAVA MEDICLE, 2ND STAGE,
RAJIVA NAGAR, MYSURU
… PETITIONERS

(BY SRI. SIDDHARTH B. MUCHANDI, ADV.)

AND

1. STATE OF KARNATAKA,
BY THE POLICE OF
J.C.NAGAR POLICE STATION,
REP. BY THE STATE PUBLIC
PROSECUTOR, HIGH COURT OF
KARNATAKA, BENGALURU-560 001

2. AYESHA HUSSAIN,
W/O ZAHEER AHAMED,
AGED 26 YEARS,
R/A NO.501, 5TH FLOOR,
R.K.APARTMENTS, KEMPIAH BLOCK,
J.C.NAGAR, BENGALURU-560 006.
… RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R-1.
SRI. HITESH D., ADV. FOR R-2.)

THIS CRL.P IS FILED U/S 482 CR.P.C PRAYING TO
QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.21075/2017 ON THE FILE OF THE LEARNED
HON’BLE VIII A.C.M.M, BENGALURU CITY FOR THE
OFFENCE P/U/S 498(A) R/W 34 OF IPC.

THIS CRL.P COMING ON FOR ORDERS THIS DAY,
THE COURT MADE THE FOLLOWING:
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ORDER

Sri. Hitesh D., learned counsel files power for

Respondent No.2 and also an affidavit of Respondent

No.2.

2. Petitioners and Respondent No.2 are present

before the court along with their Advocates.

3. Heard the learned counsel for the

petitioners, learned counsel for Respondent No.2 and

also the learned HCGP for Respondent No.1-State.

4. It is stated in the affidavit of Respondent

No.2 that, she lodged a complaint against the

petitioners herein in FIR (Crime No. 57/2017) and after

investigation, a criminal case has been registered in

C.C. No.21075/2017 against the petitioners for the

offence under Section 498A r/w. 34 of IPC.

5. Petitioner No.1-Zaheer Ahmed and

Respondent No.2-Ayesha Hussain are husband and wife

. Due to some misunderstanding and also due to

misguidance of her mother and step-father, she filed a
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complaint against her husband and his family members

and now they have decided to live together happily in

future. Therefore, she says that she unconditionally

withdraw all the allegations made against the

petitioners in the above case and she has no objection

to pass appropriate orders in this regard.

6. In view of the above facts and

circumstances, as Petitioner No.1 (husband) and

Respondent No.2 (wife) have decided to live together,

there is no embargo on the part of this court to quash

the said proceedings so as to enable the parties to live

happily in future. The offence under Section 498-A is

not punishable either with the sentence of death or

imprisonment for life and also there would be no impact

on the society if the compromise is accepted.

7. In the above circumstances, I pass the

following:

ORDER

The petition is allowed. Consequently,
all further proceedings in C.C.
No.21075/2017 arising out of Crime
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No.57/2017 of J.C. Nagar Police Station,
registered against the petitioners for the
offence punishable under Section 498-A r/w.
34 of IPC, now pending on the file of VIII
Addl. Chief Metropolitan Magistrate,
Bengaluru City, are hereby quashed.

Sd/-

JUDGE

KGR*

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