IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 4TH DAY OF SEPTEMBER, 2017
THE HON’BLE MR.JUSTICE ARAVIND KUMAR
CRIMINAL PETITION NO.7009/2017
S/O. DR. MOHAMMED YOUSUFF,
AGED ABOUT 34 YEARS,
R/AT NO.28, 2ND CROSS,
R. SONAPPA BLOCK, J.C.NAGAR,
(BY SRI. USMAN P., ADVOCATE)
1. STATE OF KARNATAKA
BY J.C.NAGAR POLICE STATION,
BENGALURU – 560 046
REP. BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
BENGALURU – 560 001
2. DR. NIDA IBRAHIM
D/O. J.S.MOHAMMED IBRAHIM,
AGED ABOUT 30 YEARS,
R/AT NO.960, 8TH ‘B’ MAIN ROAD,
1ST STAGE, 2ND BLOCK,
HBR LAYOUT, BENGALURU-560 043
(BY SRI.K.NAGESHWARAPPA, HCGP FOR R-1;
SRI. ABDUL RASHEED, ADV. FOR R-2)
THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C.
PRAYING TO QUASH THE CHARGE SHEET AND THE
ENTIRE PROCEEDINGS IN C.C.NO.3433/2017 ON THE
FILE OF LEARNED VIII ACMM, BANGALORE.
THIS CRIMINAL PETITION COMING ON FOR ORDERS
THIS DAY, THE COURT MADE THE FOLLOWING:
Petitioner, who has been arraigned as accused in
C.C.No.3433/2017 is pending on the file of VIII Addl.
Chief Metropolitan Magistrate, Bengaluru and is seeking
for quashing of said proceedings contending interalia
that petitioner and second respondent are living
separately and their marriage has been dissolved by
2. Heard Sri.P.Usman, learned counsel
appearing for petitioner, Sri.C.R.Abdul Rasheed, learned
counsel appearing for second respondent and
Sri.S.Rachaiah, learned HCGP appearing for first
respondent-State. Records would disclose that
petitioner married second respondent on 16.04.2015 as
per Islamic law and second respondent lodged a
complaint on 28.11.2016 before J.C.Nagar police
alleging that she was harassed with a demand for dowry
and after investigation, charge sheet came to be filed in
C.C.No.3433/2017 for the offence punishable under
Section 498A of IPC against the petitioner.
3. Today second respondent has filed an
affidavit along with memo stating thereunder that at the
intervention of well-wishers and friends matter is settled
out of Court and she does not intend to prosecute her
complaint and proceedings pending in
C.C.No.3433/2017 may be quashed.
4. Learned Advocates appearing for petitioner
and second respondent submits that though it is urged
in the affidavit that marriage is dissolved by way of
‘Khulanama’ as provided under ‘Shariath Law’, they
would hasten to add that they would not press the said
contention and submit that on account of marriage
having been dissolved by consent outside the Court,
second respondent – complainant is not interested in
prosecuting the complaint lodged by her, which has now
culminated in filing of an affidavit by her.
5. Second respondent-complainant is present
before Court and she submits that she has voluntarily
agreed to dissolve the marriage and there was no threat,
force or coercion from anyone. She also submits that
she has voluntarily agreed for proceedings against
petitioner being quashed. She has also stated that she
has received a sum of ` 3,00,000/- from petitioner
towards the maintenance of her minor child and she is
willing to withdraw the proceedings against petitioner
and prays for same being quashed.
6. Learned Advocates appearing for petitioner
and second respondent have identified the parties
present before Court and they have also filed a memo
enclosing identity cards of parties issued by the
statutory authorities and in token of having identified
the parties present, learned Advocates have also affixed
their signatures to the photocopies of the identity cards.
7. In the light of aforestated facts, this Court is
of the considered view that continuation of further
proceedings against petitioner would be an exercise in
futility and it would not sub-serve the ends of justice or
in other words, it would be an abuse of process of law.
Hence, keeping in mind the dicta laid down by the
Hon’ble Apex Court in the case of GIAN SINGH VS.
STATE OF PUNJAB AND ANOTHER reported in (2012)
10 SCC 303, this Court is of the considered view that
prayer sought for by the petitioner deserves to be
Hence, I proceed to pass the following:
(i) Criminal petition is hereby allowed.
(ii) Proceedings pending against petitioner
in C.C.No.3433/2017 on the file of VIII
Addl. Chief Metropolitan Magistrate,
Bengaluru, is hereby quashed.
(iii) Petitioner is acquitted of the offence
punishable under Section 498A of IPC.