- 1 - NC: 2025:KHC:7589 CRL.P No. 1962 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1962 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: FAIZAL T J SON OF T M JAMALUDEEN AGED ABOUT 38YEARS RESIDING ATNO.C-601 BRIGADEMETROPOLIS GARUDACHARYAPALYA BENGALURU -560048 AS PER FIR ALSO AT NO.33/135 THEJUS HOUSE SOBHA ROAD, TOLL JUNCTION EDAPALLY POST, ERNAKULAM KERALA – 682 024. …PETITIONER (BY SRI. SHASHANK NAGENDRAN, ADVOCATE) AND: 1. STATE OF KARNATAKA BY WHITEFIELD WOMEN POLICE STATION REPRESENTED BY THE STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, CUBBON PARK BENGAKLURU-560 001. 2. SMT. NEHA IBRAHIM WIFE OF FAIZA T J AGED ABOUT 35 YEARS, RESIDING AT NO.C-601, BRIGADE METROPOLIS GARUDACHARYPALYA BENGALURU – 560 048. …RESPONDENTS (BY SRI. THEJESH P., HCGP FOR R-1 SMT. ANUSHA GANESAN, ADVOCATE FOR R-2) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7589 CRL.P No. 1962 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ORDER OF COGNIZANCE DTD 10.12.2024 PASSED BY THE HONBLE XXIX ACJM, AT BENGALURU IN CC.NO.74927/2024 WHICH READS: I HAVE PERUSED THE ENTIRE CHARGE SHEET AND DOCUMENTS ENCLOSED WITH IT. A PRIMA FACIE CASE IS MADE OUT TO TAKE COGNIZANCE. THERE ARE SUFFICIENT GROUNDS FOR PROCEEDING AGAINST THE ACCUSED FOR THE OFFENCE P/U/S 85,115(2) OF BNS. HENCE, THE COGNIZANCE OF THE OFFENCE P/U/S 85,115(2) OF BNS IS TAKEN AGAINST THE ACCUSED. THE OFFICE IS DIRECTED TO REGISTER THE CRIMINAL CASE IN REGISTER NO.III (CRIMINAL) AGAINST THE ACCUSED. ISSUE SUMMONS TO ACCUSED CALL ON 11.02.2025 AND THE CONSEQUENT CRIMINAL PROCEEDINGS. 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, petitioner has sought for the following relief:- “Wherefore, the Petitioner above named prays that the Hon’ble Court be pleased to quash the Order of cognizance dated 10.12.2024 passed by the Hon’ble XXIX Additional Chief Judicial Magistrate, at Bengaluru in C.C.No.74927/2024, which reads: “I have perused the entire charge sheet and documents enclosed with it. A prima facie case is made out to take cognizance. There are sufficient grounds for proceeding against the accused for the offence punishable U/s 85, 115(2) of BNS. Hence the cognizance of the offence punishable U/s 85, 115(2) of BNS is taken against the accused. The office is directed to register the Criminal Case in Register No.III (Criminal) against the accused. - 3 - NC: 2025:KHC:7589 CRL.P No. 1962 of 2025 Issue Summons to Accused. Call on 11.02.2025.” and the consequent criminal proceedings, and pass any other Order/directions as this Hon’ble Court deems appropriate in the interest of justice.” 2. The petitioner-accused is the husband of respondent No.2-complainant. Learned counsel for the petitioner – accused and learned counsel for respondent No.2 – complainant have filed a Joint Affidavit dated 10.02.2025 duly signed by the petitioner, respondent No.2 and their respective counsel and the same is taken on record. 3. Respondent No.2-complainant appeared through video conferencing, Petitioner – accused and his counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint Affidavit dated 10.02.2025, which reads as under:- “JOINT AFFIDAVIT We, (1) Sri. Faizal T J, Son of T M Jamaludeeen, Aged about 38 years, Residing at, No.C-601, Brigade Metropolis, Garudacharpalya, Bengaluru – 560048 and (2) Smt. Neha Ibrahim, Wife of Faizal T J, Aged about 35 years, Residing at, No.C-601, Brigade Metropolis, - 4 - NC: 2025:KHC:7589 CRL.P No. 1962 of 2025 Garudacharpalya, Bengaluru – 560048, do hereby solemnly affirm and state on oath as follows: 1. We, the Deponent Nos.1 and 2 are the Petitioner and the Respondent No.2 in this Petition respectively. We are well conversant with the facts and circumstances of the case, and we are competent to Swear to this Affidavit. 2. A case in Crime No.42/2024 came to be registered by the Whitefield Women police Station, against the Deponent No.2 herein, for the offences punishable under Section 85, 115(2) of the Bharatiya Nyaya Sanhita, on the basis of the Complaint of Deponent No.2, the De-facto Complainant/Respondent No.2 dated 09.09.2024. 3. The gist of the Complaint filed by the De-facto Complainant/Respondent No.2 is as follows: Mrs. Neha Ibrahim, the De-Facto Complainant herein, is married to Mr.Faizal T J, the Petitioner herein, since 30.12.2012 and has allegedly undergone mental and physical harassment from the Petitioner from 2012 to 2018. Further the De-Facto Complainant has alleged that, after 2018, physical harassment reduced after counseling and on 07.09.2024, sight around 10:30 PM, the De-Facto Complainant’s husband, the Petitioner herein, allegedly slapped the De-Facto Complainant on her face (left cheek) and dragged her through floor to bedroom. The De-Facto Complainant further states that the same happened at their rental residence, C 601, Brigade Metropolis, after she came back home after stepping out for one and half hours after an argument. Hence, the complaint. - 5 - NC: 2025:KHC:7589 CRL.P No. 1962 of 2025 4. The parties have mutually agreed to compromise their disputes amicably and resolve the same and continue to cohabit and reside with each other as husband and wife and agreed to continue the matrimonial relationship. 5. Further that the Deponent No.2 has give her no objection / consent of her own free will and that there is no pressure or undue influence being exercised on them by either Deponent No.1 and / or anybody else. 6. In view of the amicable resolution of disputes between Deponent Nos.1 and 2, it is humbly stated that this is a fit and proper case for this Hon’ble Court to exercise its inherent power to quash and set aside the order of cognizance dated 10.12.2024 passed by the Hon’ble XXIX Additional Chief Judicial Magistrate, at Bengaluru in C.C.No.74927/2024. 7. Therefore, the Deponents above named Jointly Pray that this Hon’ble Court be pleased to consider the Compromise between the Deponents herein and on that basis, quash the order of cognizance dated 10.12.2024 passed by the Hon’ble XXIX Additional Chief Judicial Magistrate, Bengaluru in C.C.No.74927/2024, as prayed for in the Petition, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 6 - NC: 2025:KHC:7589 CRL.P No. 1962 of 2025 ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 10.02.2025. (ii) The proceedings in C.C.No.74927/2024 (arising out of Crime No.42/2024 of 1st respondent – Police) registered for the offences punishable under Sections 85, 115(2) of the Bharatiya Nyaya Sanhita,2023, pending on the file of the XXIX Additional Chief Judicial Magistrate, Bengaluru, insofar as the petitioner is concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 2 Sl No.: 65