Karnataka High Court
Mrs Zakira Unnia vs State Of Karnataka on 18 February, 2025
Author: S.R.Krishna Kumar
Bench: S.R.Krishna Kumar
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NC: 2025:KHC:7565
WP No. 27497 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 18TH DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
WRIT PETITION NO. 27497 OF 2023 (GM-RES)
BETWEEN:
1. MRS. ZAKIRA UNNIA
W/O LATE MOHAMMED HANIF,
AGED ABOUT 59 YEARS,
R/AT NO.194, ADITYA NAGAR,
1ST STAGE, M.S.PALYA ROAD,
CHIKKABETTAHALLI, BANGALORE - 560097.
2. MR. NAWAZ,
S/O MOHAMMED HANIF,
AGED ABOUT 32 YEARS,
R/AT NO.194, ADITYA NAGAR,
1ST STAGE, M.S.PALYA ROAD,
CHIKKABETTAHALLI,
VIDYARANYAPURA,
BANGALORE - 560097.
3. MRS. REHANA BANU
Digitally W/O ASGAR ALI KHAN,
signed by
LEELAVATHI AGED ABOUT 35 YEARS,
SR R/AT HALEPETE ROAD,
Location:
High Court 3RD BLOCK, KUDUR, MAGADI TALUK,
of Karnataka RAMANAGARA - 561101
4. MR. ASGAR
S/O MUSTAFA ALI KHAN,
AGED ABOUT 43 YEARS,
R/AT HALEPETE ROAD,
3RD BLOCK, KUDUR, MAGADI TALUK,
RAMANAGARA - 561 101
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WP No. 27497 of 2023
5. MS. IRFANA BANU
D/O MOHAMMED HANIF,
AGED ABOUT 28 YEARS,
R/AT NO. 194, ADITYA NAGAR,
1ST STAGE, M.S.PALYA ROAD,
CHIKKABETTAHALLI,
VIDYARANAYAPURA,
BANGALORE - 560097.
6. MS. FARHANA BANU
D/O MOHAMMED HANIF,
AGED ABOUT 28 YEARS,
R/AT NO. 194, ADITYA NAGAR,
1ST STAGE, M.S. PALYA ROAD,
CHIKKABETTAHALLI,
VIDYARNAYAPURA,
BANGALORE - 560097.
7. MS. SHABANA BANU
D/O MOHAMMED HANIF,
AGED ABOUT 24 YEARS,
R/AT NO. 194, ADITYA NAGAR,
1ST STAGE, M.S. PALYA ROAD,
CHIKKABETTAHALLI,
VIDYARNAYAPURA,
BANGALORE - 560097.
...PETITIONERS
(BY SRI. NEERAJ SASTRY, ADVOCATE)
AND:
1. STATE OF KARNATAKA
THROUGH VIDYARANYAPURA POLICE STATION,
NO.281, 1ST MAIN ROAD, BEL LAYOUT,
6TH BLOCK, VIDYARANYAPURA,
BANGALORE - 560097.
2. MRS. SAMEERA KOUSER
NO. 871, 3RD CROSS, R.K.HEGDE NAGAR,
DR. SHIVARAMA KARANTHA NAGAR,
BANGALORE - 560077.
...RESPONDENTS
(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1)
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NC: 2025:KHC:7565
WP No. 27497 of 2023
THIS WRIT PETITION IS FILED UNDER SECTION 482 OF THE
CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE
THE IMPUGNED ORDER DATED 21.11.2023 PASSED BY THE XLI
ADDL. CHIEF METROPOLITAN MAGISTATE AT BENGALURU, IN C.C.
NO. 29565/2023 TAKING COGNIZANCE AGAINST THE PETITIONERS
FOR ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 3 AND
4 OF THE DOWRY PROHIBITION ACT, 1961 AND SECTIONS 498A,
323, 504, 506 AND 149 OF THE INDIAN PENAL CODE, 1860
(ANNEXURE-A) AND ETC.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
" A. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO SET ASIDE the Impugned Order dated:
21.11.2023 passed by the XLI Additional Chief Metropolitan Magistrate at Bangalore, in C.C.No.29565/2023 taking cognizance against the petitioners for alleged offences punishable under Sections 3 and 4 of the Dowry Prohibition At, 1961 and Sections 498A, 323, 504, 506 and 149 of the Indian Penal Code, 1860(Annexure-A);
B. ISSUE A WRIT IN THE NATURE OF CERTIORARI TO QUASH the proceedings in C.C.No. 29565/2023 pending on the of XLI Additional Chief -4- NC: 2025:KHC:7565 WP No. 27497 of 2023 Metropolitan Magistrate at Bangalore, against the Petitioners herein for alleged offences punishable under Sections 3 and 4 of the Dowry Prohibition Act, 1961 and Sections 498A, 323, 504 and 149 of the Indian Penal Code, 1860(Annexure-
A);
C. PASS Such other or further orders as this Hon'ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."
2. Heard learned counsel for the petitioners and learned Addl.SPP for 1st respondent and perused the material on record.
For the order proposed, notice to 2nd respondent-complainant is dispensed with.
3. The material on record discloses that the petitioners are the mother, brother and sisters of Accused No.1-Mohammed Ziyaulla in C.C.No.29565/2023 respectively. The aforesaid accused No.1 and 2nd respondent-complainant have filed a Memorandum of Settlement dated 07.11.2024 before the Family Court, Bangalore, which reads as under:-
" MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 125 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005.
-5-NC: 2025:KHC:7565 WP No. 27497 of 2023 The parties above named beg to submit as follows:
I. The plaintiff has filed the above petition under order VII Rule 1 and 2 Code Civil Procedure R/w Section 2(VIII)
(a) of the Dissolution of Muslim Marriage Act 1939.
II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, the plaintiff along with her advocate and the defendant along the Advocate they have resolved their dispute and have agreed to the following terms and conditions:
1. Both the patties admit the relationship of wife and husband and their marriage was solemnized on 03.11.2019 at Masjid-E-Jamiya Tippu Sulthan, No.779, 2nd cross, S.R.K.Hegde Nagar, Dr.S.R.K.Nagar Post, Bengaluru- 560 077 as per Shariath law and customs.
2. That the parties herein, due to irreconcilable between them and due to incompatibility of temperaments, have been living Separately from 11.10.2022. It is for that reason, they are unable to lead a married life. There is absolutely no chance of re-union among themselves. Both the parties state that their marriage is irrevocably broken down. Hence. They have decided to get the marriage between themselves dissolve ed mutually by a decree of divorce.
3. Both the parties state that they have no children born to them from their wedlock.
4. Both the parties state that they have no claims of maintenance /permanent alimony against each other either -6- NC: 2025:KHC:7565 WP No. 27497 of 2023 past, present or in future as both of them are capable of maintaining themselves independently.
5. Both the parties agree that they have no claims of whatsoever manner against each other in movable or immovable properties.
6. Both the parties agree that they will exchange their valuable articles and other belongings at the time of reporting settlement before the Hon'ble Court.
7. In view of the settlement arrived between the parties the plaintiff has agreed to withdraw/quash /close the following cases as per the prevailing law of the land, they are:
a) The plaintiff has agreed to withdraw Crl.Misc. No.835/2023 which is pending before I Addl.Family Court, Bengaluru.
b) The plaintiff has agreed to withdraw Crl.misc. No. 151/2023 which is pending before MMTC-VI, Bengaluru.
c) The plaintiff has agreed to co-operate in closing/quashing the proceedings in C.C.No.29565/2023 pending before VII-ACMM, Bengaluru filed against the defendant and other for the offences punishable under section 498-A, 323, 149, 504, 506 of IPC R/W section 3 & 4 of D.P.Act, in terms of this settlement.
d) Both parties have agreed to co- operate in closing / quashing any proceedings arising out of the C.C.No.29565/2023 in terms of this settlement.
8. The patties further state that there has been no collusion or force, frauds or any undue influence in filing the above petition and entering into this settlement in the aforesaid manner.
9. Both the parties undertakes to withdraw all the allegations made against each other.
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10. Both the parties have agreed not to interfere in the personal lives of each other in future.
III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve their marriage solemnized on 03.11.2019 at Masjid-E-Jamiya Tippu Sulthan, No.779, 2nd Cross, R.K.Hegde Nagar Dr.S.R.K.Nagar Post, Bengaluru - 560 077 by granting decree of divorce in terms of the aforesaid agreement.
IV. Parties will appear on 07.11.2024 before the Hon'ble Court for passing orders in terms of the agreement."
4. In view of the aforesaid settlement entered into between accused No.1 and 2nd respondent-complainant, I pass the following:
ORDER
(i) Petition is disposed of in terms of the aforesaid Memorandum of Settlement dated 07.11.2024 filed before the Family Court, Bangalore.
(ii) All further proceedings in C.C.No.29565/2023 arising out of Crime No.295/2023 registered by the 1st respondent - Police for the offences punishable under Sections 498-A, 323, 504, 506, 149 of IPC r/w Sections 3 and 4 of the D.P.Act, pending on the file -8- NC: 2025:KHC:7565 WP No. 27497 of 2023 of XLI ACMM, Bangalore, insofar as the petitioners are concerned are hereby quashed.
Sd/-
(S.R.KRISHNA KUMAR) JUDGE Srl.