- 1 - NC: 2025:KHC-K:2395 CRL.P No. 201647 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 21ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO. 201647 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SYED OMAR ALI S/O LATE SYED SADAT ALI, AGE:31 YEARS, OCC: COMPUTER PROFESSIONAL, R/O. LABOUR COLONY, SHAHA GUNJ, BIDAR, TQ. AND DIST. BIDAR-585401. 2. RAHIMUNNISA BEGUM W/O SYED SADAT ALI, AGE:60 YEARS, OCC: HOUSEWIFE, R/O. LABOUR COLONY, SHAHA GUNJ, BIDAR, TQ. AND DIST. BIDAR-585401. 3. NASEEM BEGUM W/O JAMEEL AHEMAD, AGE:45 YEARS, OCC: HOUSEWIFE, R/O. LABOUR COLONY, SHAHA GUNJ, BIDAR, TQ. AND DIST. BIDAR-585401. 4. NASREEN BEGUM W/O HAMEED KHAN, AGE: 42 YEARS, OCC: HOUSEWIFE, R/O. NANDI COLONY, BIDAR, TQ. AND DIST. BIDAR-585401. 5. HAMEED KHAN S/O ARSLAN KHAN, AGE:55 YEARS, OCC: STATE GOVT EMPLOYEE, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:2395 CRL.P No. 201647 of 2024 R/O. NANDI COLONY, BIDAR, TQ. AND DIST. BIDAR-585401. …PETITIONERS (BY SRI MOHD. VIKHARUDDIN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY ITS BIDAR WOMEN PS, TQ. AND DIST. BIDAR-585401, REP. BY ADDL. PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585104. 2. NAZERA BEGUM W/O SYED OMAR ALI, AGED ABOUT 37 YEARS, OCC: PRIVATE TEACHER, R/O. LABOUR COLONY, NOW AT HALLIKHED-B, TQ. HUMNABAD, DIST. BIDAR-585401. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SMT. LAKSHMI G.E., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C.(OLD) U/SEC 528 OF BNSS,2023 PRAYING TO, ALLOW THIS PETITION AND THEREBY QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS/ACCUSED NO.1 TO 5 IN CRIME NO.39/2020 NOW C.C NO.2004/2021 REGISTERED BY THE WOMEN POLICE STATION BIDAR FOR THE OFFENCE PUNISHABLE U/SEC 498(A), 323, 324, 504, 506 R/W 34 IPC PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC-II BIDAR. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-K:2395 CRL.P No. 201647 of 2024 CORAM: HON'BLE MR. JUSTICE S RACHAIAH ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH) The learned counsels for the respective parties have filed memorandum of compromise petition under Section 320(2) of Cr.P.C.,/359 of BNSS, 2023. 2. The averments of the said petition contained eight paragraphs. Out of these paragraphs, the relevant paragraphs are 3 to 6, which read as under: “3. The Complainant filed the Complaint before the Women Police Station in Crime No.0039/2020 for offence Under Section 498(A), 323, 324, 504, 506 R/w 34 IPC. Thereafter respondent Police completed the investigation & filed the Charge sheet and the trial Court taken the cognizance & registered the case in CC 2004/2021, Therefore Petitioners filed this petition praying for quashing of the impugned proceedings, which is pending on the file of 1st Addl JMFC at Bidar. 4. That, the elders of both above case the petitioners and the complainant’s elders, friends, Islamic scholars, respectable persons in the society, - 4 - NC: 2025:KHC-K:2395 CRL.P No. 201647 of 2024 well-wishers, advocates, and friends together advised both the parties to arrive at compromise and both the parties agreed for the same. Hence, this compromise petition is filing. 5. Further it is submitted that the petitioner No.1 is given the amount of Rs.10,50,000/- (Ten lakkhs fifty thousand only) by cash as the full and final settlement amount and life time maintenance which the respondent No.2 is agreed and the same is accepted and it is also agreed by the respondent No.2 will be withdrawn the case filed by her in Crl Misc 1825/2024 arising out of Crl Misc No.953 of 2021 of recovery of maintenance pending on the file of Prl. Civil Judge & JMFC at Humnabad. 6. That as per Shariat such settlement the respondent No.2 should hold and continue the custody of her minor daughter Syeda Alisha Hoorain with her till her lifetime. The petitioners or anybody else shall not be entitled to claim the custody of minor daughter Syeda Alisha Hoorain from the respondent No.2 in any manner in future life.” 3. On reading of the above averments of the compromise petition, I am of the considered opinion that there is no embargo on this Court to record the - 5 - NC: 2025:KHC-K:2395 CRL.P No. 201647 of 2024 compromise since it is a matrimonial dispute between the parties. Moreover, the Hon’ble Supreme Court in the case of Gian Singh Vs. State of Punjab and Another reported in (2012) 10 SCC 303 issued guidelines for compromise of such cases. 4. The parties, who are present before this Court are identified by their respective advocates. 5. Therefore, I proceed to pass the following: ORDER a) The Criminal Petition is allowed in terms of the compromise. b) The entire proceedings in C.C.No.2004/2021 (arising out of Crime No.39/2020 of Women Police Station, Bidar) pending on the file of I-Additional Civil Judge and JMFC-II, Bidar, in respect of the petitioners, are quashed. c) The bail bonds executed, if any, stand cancelled. - 6 - NC: 2025:KHC-K:2395 CRL.P No. 201647 of 2024 In view of disposal of the main petition, I.A.No.1/2025 for stay does not survive for consideration. Sd/- (S RACHAIAH) JUDGE NB List No.: 1 Sl No.: 35 CT:PK