Syed Imran Ahmed vs The State Of Karnataka
2023 Latest Caselaw 1877 Kant

                                                      -1-
                                                             CRL.P No. 2307 of 2023




                            IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                                DATED THIS THE 15TH DAY OF MARCH, 2023

                                                    BEFORE
                                  THE HON'BLE MR JUSTICE K.NATARAJAN
                                  CRIMINAL PETITION NO. 2307 OF 2023
                       BETWEEN:

                       1.   SYED IMRAN AHMED
                            S/O SYED RAFEEQ AHMED,
                            AGED ABOUT 35 YEARS,
                            NO.1670/1, 2ND CROSS,
                            AROKYAMMA LAYOUT,
                            NEAR SURGICAL FACTORY,
                            VENKATESHPURAM,
                            K G HALLI,
                            BANGALORE-45.

                       2.   KOUSAR TAJ
                            W/O SYED ISMAIL,
                            AGED ABOUT 37 YEARS,
                            NO.14, BOWEE STREET,
                            ULSOOR, NEAR SLN BAR,
                            HAL II STAGE,
                            BENGALURU-08.

                       3.   SAYED ISMAIL @ JABI
Digitally signed by
SHOBHA C                    S/O SYED IBRAHIM,
Location: High Court
of Karnataka                AGED ABOUT 42 YEARS,
                            NO.14, BOWEE STREET,
                            LSOOR, NEAR SLN BAR,
                            HAL II STAGE,
                            BENGALURU-08.

                       4.   MRS. FIRDOSE JAN
                            W/O TANVEER,
                            AGED ABOUT 32 YEARS,
                            R/AT NO.682, 4TH FLOOR,
                            5TH BLOCK, 5TH CROSS,
                            1ST STAGE, HBR LAYOUT,
                            KALYANANAGAR,
                            BENGALURU-43.
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                                        CRL.P No. 2307 of 2023




5.   NOUMAN @ SYED ABDUL RAZAK
     S/O SYED RAFEEQ AHMED,
     AGED ABOUT 27 YEARS,
     R/AT NO.2, 2ND CROSS,
     AROKYAMMA LAYOUT,
     VENKATESHPURAM,
     NEAR ARABIC COLLEGE,
     BENGALURU-45.

6.   SYED ILYAS
     S/O ABDUL SUBHAN,
     AGED ABOUT 42 YEARS,
     NO.1670/1, 2ND CROSS,
     AROKYAMMA LAYOUT,
     NEAR SURGICAL FACTORY,
     VENKATESHPURAM,
     K.G. HALLI,
     BANGALORE-45.

7.   SYED AYAZ
     S/O SYED ABDUL SUBHAN,
     AGED ABOUT 47 YEARS,
     R/AT NO.21-130, NAMABALA STREET,
     PUNGANUR, CHITOR DISTRICT,
     ANDRA PRADESH-47.

8.   MUBEEN TAJ
     W/O AJAJ AHMED,
     AGED ABOUT 47 YEARS,
     R/AT NO.51, 3RD CROSS,
     CHIKKANNA LAYOUT,
     NEAR SNS ENTER,
     K G HALLI,
     BENGALURU-45.

9.   AJAZ AHMED
     S/O SABA JAN,
     AGED ABOUT 62 YEARS,
     R/AT 4/80, 1ST MAIN
     P AND T COLONY ROAD,
     2ND CROSS, CHIKKANNA LAYOUT,
     NEAR CITIZEN SCHOOL,
     BANGALORE-45.
                                                 ...PETITIONERS
(BY SRI. PRATHEEP K.C., ADVOCATE)
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                                         CRL.P No. 2307 of 2023




AND:

1.   THE STATE OF KARNATAKA
     REP. BY EAST ZONE WOMEN POLICE STATION,
     BENGALURU CITY,
     REP BY ITS STATE PUBLIC PROSECUTOR,
     HIGH COURT OF KARANATAKA,
     BANGALORE-01.

2.   SARAH BIBI
     W/O SYED IMRAN AHMED,
     AGED ABOUT 25 YEARS,
     R/AT NO.1, SAMADANA NAGAR,
     AREBIC COLLEGE,
     K.G. HALLI,
     BENGALURU-45.
                                                   ...RESPONDENTS
(BY SRI. B.J. ROHITH, HCGP FOR R1
 SRI. NOORULLA KHAN, ADVOCATE FOR R2)
      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C. PRAYING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS
IN C.C.NO.22551/2021 FOR THE OFFENCES P/U/S 498A, 323, 506
OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT,
PENDING ON THE FILE OF VI ADDL.C.M.M., BENGALURU.

     THIS PETITION, COMING ON FOR ORDERS, THIS DAY, THE
COURT MADE THE FOLLOWING:
                              ORDER

Learned HCGP takes notice for respondent No.1/State.

2. Learned counsel for petitioner is permitted to make

necessary amendment in the name of the police station.

3. This petition is filed by the petitioner/accused Nos.1 to

9 under section 482 of Cr.P.C for quashing criminal proceedings

in C.C.No.22551/2021 for the offence punishable under Section

CRL.P No. 2307 of 2023

498A, 323, 506, 504 read with 34 of IPC. and sections 3 and 4

of Dowry Prohibition act, on the file fo VI ACMM, Bengaluru with

respect to Crime No.3/2021 registered by Pulakeshinagar sub-

division, East Zone, Bengaluru

4. During the pendency of the petition, both petitioner

No.1 and respondent No.2 appeared before the court along with

their counsels and filed joint compromise application along with

the affidavit in I.A.No.1/2023 under section 320 read with 482

of Cr.P.C. Both petitioner and respondent No.2 appeared and

submits that they have joined together and both of them want

to retain marital life. They further submits, both petitioner no.1

and respondent no.2 are living together and therefore they

want to seek permission of this court to compound the offence.

5. The submission of both the parties are placed on

record.

6. In view of joint compromise between and joining

petitioner no.1 with the respondent No.2 and in view of the

judgment of Hon'ble Supreme Court in the case of Gian Singh

vs. State of Punjab and Another reported in 2012

CRL.P No. 2307 of 2023

CRI.L.J.4934, the criminal proceedings required to be

quashed. Hence, I.A.No.1/2023 is allowed.

6. Accordingly, the criminal petition is allowed.

7. The criminal proceedings in C.C.No.22551/2021 on

the file of VI ACMM, Bengaluru with respect to Crime No.3/2021

registered by Pulakeshinagar sub-division, East Zone,

Bengaluru, is hereby quashed.

Sd/-

JUDGE AKV