- 1 - NC: 2025:KHC:1094 CRL.P No. 269 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 269 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MOHAMMED UMAR S/O LATE DORE, AGED ABOUT 28 YEARS, R/AT 2ND CROSS, NEAR UMMAR MASJED, SHANTHI NAGAR UPPALLI, INDAVARA POST, CHIKKAMAGALURU - 577101 2. NASIR SHARIFF S/O C N HAROON RASHEED, AGED ABOUT 45 YEARS, R/AT HIREKOLALE ROAD KALDODDI, SHANTHINAGARA, INDAVARA CHIKKAMAGALURU - 577 101 3. NAYEEM S/O C N HAROON RASHEED, AGED ABOUT 42 YEARS, R/AT KALDODDI, SHANTHINAGAR INADAVARA, CHIKKAMAGALUR - 577101 4. SHATAJ W/O JAVEED BASHA, AGED ABOUT 54 YEARS, R/AT H K ROAD, RAMESHWARA TANK, INDIRA GANDHI EXTENSION, HIREKOLALE POST, CHIKKAMAGALUR - 577 101 5. SUMMAIAYA C/O MOHAMMED RAFIQ, AGED ABOUT 28 YEARS, RA/T H K ROAD, KALLUDODDI, SHANTHINAGARA, INDAVARA POST, CHIKKAMAGALUR - 577101 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:1094 CRL.P No. 269 of 2025 6. MOHAMMED RAFIQ C/O SAB JAN SAB, AGED ABOUT 41 YEARS, R/AT H K ROAD, KALLUDODDI, SHANTHINAGARA, INDAVARA POST, CHIKKAMAGALUR - 577 101 …PETITIONERS (BY SRI. SYED ARIF PASHA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY WOMAN POLICE STATION, CHIKKAMAGALURU CITY, REP. BY THE SPP, HIGH COURT BUILDING, BANGALORE 560 001 2. SMT. HALIMA SADIYA, W/O MOHAMMED UMAR, AGEDA BOUT 24 YEARS, R/AT CHRISTION COLONY, CHIKKAMAGALURU - 577 101 …RESPONDENTS (BY SMT. M.M.WAHIDA, HCGP FOR R1 SRI. CHIRAG U., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDING IN CC.NO.1188/2024 FOR THE OFFENCE P/U/S 498(A) R/W 34 OF IPC, ON THE FILE OF 2ND ADDITIONAL SENIOR CIVIL JUDGE AND JMFC AT CHIKKAMAGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:1094 CRL.P No. 269 of 2025 ORAL ORDER In this petition, petitioners have sought for the following relief:- “WHEREFORE, the petitioners most respectfully prays that this Hon’ble Court may kindly be pleased to quash the proceedings in CC No.1188/2024 for the offence punishable under Section 498a r/w 34 of IPC on the file of 2nd Additional Senior Civil Judge and JMFC at Chikkamagaluru, in the interests of justice and equity.” 2. Learned counsel for the petitioners has filed two separate affidavit duly signed by the petitioners, 2nd respondent and the same is taken on record. 3. Petitioner Nos.1 to 6 – accused Nos.1 to 4, 6 and 7 and respondent No.2 are physically present before the Court and they admit the contents of the affidavits. 4. The affidavit filed by petitioners – accused Nos.1 to 4, 6 and 7, reads as under:- “We, (1) Mohammed Umar S/o Late Dore, Aged about 28 years, R/at 2nd cross, Near Ummar masjed, Shanthi Nagar Uppalli, Indavara Post, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (2) Nasir Shariff S/o C N Haroon Rasheed, Aged about 45 years, R/at Hirekolale road Kaldoddi Shanthinagara, Indavara, Chikkamagaluru – 577101 today at Bengaluru do hereby solemnly affirm and state oath as follows: - 4 - NC: 2025:KHC:1094 CRL.P No. 269 of 2025 We, (3) Nayeem S/o C N Haroon Rasheed Aged about 42 years R/at Kaldoddi, Shanthinagar, Indavara, Chikkamagalur – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (4) Shataj W/o Javeed Basha Aged about 54 years R/at H K road, Rameshwara Tank, Indira Gandhi Extension, Hirekolale Post, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (5) Summaiya C/o Mohammed Rafiq Aged about 28 years R/at H K road, Kalludoddi, Shanthinagara, Indavara post, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: We, (6) Mohammed Rafiq, C/o Sab Jan Sab, Aged about 41 years R/at H K road, Kalludoddi, Shanthinagara, Indavara post, Chikkamagaluru – 577101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: 1. We state that, we are the accused/Petitioners in the above case. We state that, 2nd Respondent filed a complaint against us at Woman Rural Police Station, Chikkamagaluru in Crime No.93/2024 and after the investigation filed Charge Sheet in C.C No.1188/2024 against us. 2. We state that with the intervention of the family members we have compromised the dispute and resolved the dispute. 3. We state that, we have full state of mind and there is no force or threat from anyone and we are - 5 - NC: 2025:KHC:1094 CRL.P No. 269 of 2025 deposing with the full conscious mind and knowing the facts. 4. We state that, we are the Petitioners and the 2nd Respondent amicably settled the entire disputes and we have no objection to quash the entire proceedings and the 2nd Respondent agreed for the same. We state that this is my name and signature and what is stated above are true and correct to the best of my information, knowledge and belief. I have not suppressed the true facts…” 5. The affidavit filed by respondent No.2– complainant, reads as under:- “ I, Smt. Halima Sadiay, w/o Mohammed Umar Aged about 24 years, R/at, shanthinagar, 2nd Cross, Uppalli, Near umar masjid, Indavara, Chikkamagaluru – 577 101, today at Bengaluru do hereby solemnly affirm and state on oath as follows: 1. I state that I am the complainant in the above case, I have filed above complaint against the Petitioners at Woman Police Station, Chikkamagaluru in Crime No.93/2024 and after the investigation filed charge sheet in CC No.1188/2024 against petitioners. 2. I state that, we the intervention of the family members of the both families we have settled the matter and dispute against he 1st petitioner and now I and 1st Petitioner are now living a happy life and leading the family members. - 6 - NC: 2025:KHC:1094 CRL.P No. 269 of 2025 3. I state that, I have full state of mind and there is no force or threat from anyone and I am deposing with the full conscious mind the knowing the facts. 4. I state that, I have decided to take back my complaint and I am not interested to prosecute the case against the petitioners. 5. I state that if the proceedings are continued it will cause hardship to my future. Hence, I am withdrawing the complaint and I have no objections to quash the proceedings against the petitioners. I state that his is my name and signature and what is stated above are true and correct to the best of my information, knowledge and belief. I have not suppressed the true facts.” 6. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, the impugned proceedings in C.C.No.1188/2024 pending on the file of 2nd Additional Senior Civil Judge and JMFC, Chikkamagaluru, are hereby quashed qua the petitioners. 7. Petition stands disposed of accordingly in terms of the aforesaid affidavits. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 1 Sl No.: 91