- 1 - NC: 2025:KHC:7786 CRL.P No. 2332 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 2332 OF 2025 BETWEEN: 1. KALEEM AHMAD KHAN, S/O. NASEEM AHMAD KHAN, AGED ABOUT 30 YEARS, R/AT NO.61, 3RD FLOOR, 5TH MAIN, NEAR HP GAS OFFICE, RAMANJANEYA LAYOUT, BENGALURU NORTH, POMARATHAHALLI COLONY, DIST. BANGALORE KARNATAKA - 560037 2. KHURSHEEDA BANO W/O NASEEM AHMAD KHAN, AGED ABOUT 49 YEARS, R/AT NO. 154, MALOKHAR, CHANDAULI MUGHALSARAI, UTTARPRADESH - 232101. 3. VARIS ALI KHAN, S/O. NASEEM AHMAD KHAN AGED ABOUT 25 YEARS. R/AT NO.100, 1ST CROSS, KRISHNAREDDY BUILDING, MUNNEKOLALA, BANGALORE NORTH BANGALORE, KARNATAKA - 560037 …PETITIONERS (BY SRI. AKARSH SUDHAKAR KANADE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP BY SATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE 2. VARSHITA MG .W/O. KALEEM AHMAD KHAN, AGED ABOUT 33 YEARS, R/AT C/O GOVINDRAJU MV, NO. 156, Digitally signed by VANAMALA N Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:7786 CRL.P No. 2332 of 2025 G FLOOR, 8TH CROSS, ASHWATHNAGAR, BANGALORE NORTH, BANGALORE, KARNATAKA-560037. …RESPONDENTS (BY Smt. RASHMI JADHAV, ADDL. SPP FOR R1; SMT. CHETHANA R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR AND ENTIRE PROCEEDINGS OF CR.NO.717/2024 WHICH IS PENDING BEFORE THE 29TH ADDL. CMM AT MAYO HALL, BANGLAORE FOR THE OFFENCE P/U/S 85 OF THE BNS, 2023 AND U/S 4 OF D.P. ACT, 1961. 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 relief:- “Quash the FIR and entire proceedings of Crime No.717/2024 which is pending before the 29th Addl. Chief Metropolitan Magistrate at Mayohall, Bangalore for the offence punishable under section 85 of the Bharatiya Nyaya Sanhita 2023 and under section 4 of Dowry Prohibition Act, 1961." 2. Learned counsel for the petitioners – accused Nos.1, 3 and 4 and learned counsel for second respondent – complainant have jointly filed an application under Section 359 of BNSS read - 3 - NC: 2025:KHC:7786 CRL.P No. 2332 of 2025 with Section 528 of BNSS for compromise duly signed by the petitioners, second respondent and their respective counsels and the same is taken on record. 3. Petitioners – accused Nos.1, 3 and 4 and second respondent are physically present before the Court and they admit the contents of the application and affidavits, which read as under:- "The undersigned Petitioners and Respondent no.2 humbly prays this Hon'ble court to grant the leave of this Hon'ble Court to compound offences punishable under section 85 of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961 of the above matter for the reason stated in the accompanying affidavits in the interest of justice. Affidavit filed by the petitioners WE, Mr.Kaleem Ahmad Khan, S/o. Naseem Ahmad Khan, Aged about 37 years, R/at No.61, 3rd floor, 5th Main, Near HP Gas Office, Ramanjaneya Layout, Bengaluru North, PO: Marathahalli Colony, Dist. Bangalore 560037, Smt. Khursheeda Bano, W/o Naseem Ahmad Khan, Aged about 49 years, R/at No. 154, Malokhar, Chandauli Mughalsarai, Uttarpradesh, PIN- 232101, Mr.Varis Ali Khan, S/o. Naseem Ahmad Khan Aged about 25 years, R/at No.100, 1st Cross, Krishnareddy Building, Munnekolala, Bangalore North Bangalore, Karnataka - 560037 do hereby solemnly affirm and state on oath as follows:- 1. We, state that, we are the petitioners in the above matter and we are very well aware about the facts and circumstances of the above matter and hence we are swearing this affidavit. - 4 - NC: 2025:KHC:7786 CRL.P No. 2332 of 2025 2. We state that, Petitioner No.1 and the Respondent no.2 has resolved all our disputes amicably, and complainant has no interest to lead the matter further which is pending before lower court. So that complainant is interested to settle this matter with her own interest and there is no coercion or undue influence of others in settling the above matter. 3. We state that, Crime No. 717/2024 is pending before the Hon'ble Chief Metropolitan Magistrate Court, at Mayohall Bangalore. The alleged offenses punishable under section 85 of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961whiting applion compoundable offences. And hence the accompanying application. 4. We state that, Petitioner No. 1 and Respondent No.2 has come to the settlement and they have dissolved their marriage by mutual consent, and at the time of entering the settlement agreement, wherein the Hon'ble 5th Addl. Family Court has passed judgement and decree dissolving their marriage. Further, Respondent No.2 has also agreed to withdraw the criminal case registered against Petitioners at HAL P.S. in Crime No. 717 of 2024 5. We state that, the said offenses are not punishable with death or life and the offenses are not affecting the large number of people and the society and hence praying this Hon'ble court to grant leave of this Hon'ble court to compound the said offenses. 6. We state that, if the accompanying application is not allowed than we will be put to great hardship and irreparable loss or otherwise no hardship will be caused to anyone. Wherefore, it is humbly prayed before this Hon'ble court to allow the accompanying application as prayed in the interest of justice. Affidavit filed by second respondent I, VARSHITA M G, W/o. Kaleem Ahmad Khan, Aged about 33 years, R/at C/o Govindraju M V, No.156, G floor, 8th cross, Ashwathnagar, Bangalore North, - 5 - NC: 2025:KHC:7786 CRL.P No. 2332 of 2025 Bangalore, Karnataka-560037 do herby solemnly affirm and state on oath as follows:- 1. I State that, I am the Respondent no.2 in the above matter and I am very well aware about the facts and circumstances of the above matter an hence I am swearing this affidavit. 2. I state that, I and the Petitioner no.1 has resolved all our disputes amicably and I have no o further interest to proceed further in the above matter. I also state that I settled the dispute against the Accused No.2 i.e., Tousif and the same has been settled against him along with all the Petitioners as agreed in mediation settlement. I have settled the above matter with my own interest and there is no coercion or undue influence of others in settling the above matter. 3. I state that, Crime No. 717/2024 is pending before the Hon'ble 29th Additional Chief Metropolitan Magistrate Court, at Mayohall Bangalore. The alleged offenses punishable under section 85 of Bharatiya Nyaya Sanhita, 2023 and Section 4 of Dowry Prohibition Act, 1961 which are non-compoundable offences. 4. I state that, the said offenses are not punishable with death or life and the offenses are not affecting the large number of people and the society and hence praying this Hon'ble court to grant leave of this Hon'ble court to compound the said offenses. 5. I state that, if the accompanying application is not allowed than we will be put to great hardship and irreparable loss or otherwise no hardship will be caused to anyone. Wherefore, it is humbly prayed before this Hon'ble court to allow the accompanying application as prayed in the interest of justice." - 6 - NC: 2025:KHC:7786 CRL.P No. 2332 of 2025 4. In view of the aforesaid settlement entered into between the petitioners and second respondent, I pass the following: ORDER (i) The petition is disposed of in terms of the application under Section 359 read with 528 of BNSS for compromise dated 20.02.2025. (ii) The Complaint/FIR in Crime No.717/2024 dated 12.09.2024 of H.A.L. Police Station registered for the offences punishable under Sections 4 of Dowry Prohibition Act, 1961 and Section 85 of BNS pending on the file of the XXIX Additional Chief Judicial Magistrate, Bengaluru City in relation to the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA