- 1 - NC: 2025:KHC:11529 CRL.P No. 2775 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 2775 OF 2025 BETWEEN: 1. KHAZI MOHAMED KHAMARUDDIN @ AVEZ SON OF SRI. K. N. MUNAWAR PASHA, AGED 37 YEARS, 2. K.N. MUNAWAR PASHA S/O LATE MOHAMMED NASARUDDIN, AGED 70 YEARS, 3. SYEDA IRFANA, W/O K.N. MUNAWAR PASHA AGED 65 YEARS, PETITIONER 1 TO 3 ARE RESIDING AT NO.110, 7TH A CROSS, BAZAAR STREET NEELASANDRA, BENGALURU - 560 047. 4. AYESHA TASKEEN D/O OF K.N, MUNAWAR PASHA, W/O MOHMED ZYHAIB SHAH, AGED 35 YEARS, 5. MOHMED ZYHAIB SHAH S/O MOHMED AJMAL SHAH, AGED 40 YEARS, PETITIONER 4 AND 5 ARE RESIDING AT, NO. 18, UNITED ELITE APT, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC:11529 CRL.P No. 2775 of 2025 4TH FLOOR, CHURCH ROAD, BASAVANGUDI, BENGALURU - 560 004. …PETITIONERS (BY SRI. CHANDRAIAH, ADVOCATE) AND: 1. STATE OF KARNATAKA BASAVANAGUDI WOMEN POLICE STATION, BY ITS STATION HOUSE OFFICER, BASAVANAGUDI, BENGALURU - 560 004, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. ARSHIYA FARHEEN, D/O ATHAULLA SHARIFF, W/O KHAZI MOHAMED KHAMARUDDIN, AGED 32 YEARS, R/AT NO12, 1ST MAIN, 1ST CROSS, VALMIKINAGARA, MYSURU ROAD, BENGALURU CITY - 560 026. PH: 98445 68006 AND 99645 61461. …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE CR.NO.59/2023 REGISTERED FOR THE OFFENCES P/U/S 498A OF THE IPC AND ALSO U/S 4 OF DOWRY PROHIBITION ACT AND CHARGE SHEET, FILED BY THE RESPONDENT NO.1 i.e., BASAVANAGUDI WOMEN POLICE STATION, THAT IS REGISTERED AS C.C.NO.15368/2024, PENDING ON THE FILE OF THE 37TH ADDL. CHIEF METROPOLITAN MAGISTRATE COURT, NRUPATUNGA ROAD, AT BENGALURU. - 3 - NC: 2025:KHC:11529 CRL.P No. 2775 of 2025 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The learned HCGP for the respondent (State) has accepted notice, and service of notice on respondent No. 2 is dispensed with. 2. The petitioner/accused, who is facing trial for offences punishable under Sections 498A of the IPC and Section 4 of the Dowry Prohibition Act, is before this Court seeking relief. 3. The prosecution alleges that the petitioner/accused No. 1 (husband) and the other accused, who are relatives of the husband, subjected the de facto complainant to both mental and physical cruelty and also demanded that she bring money from her parental home. 4. The petitioners have annexed a copy of the memorandum of settlement entered into under Section 89 of the CPC, read with Rules 24 and 25 of the Karnataka Civil Procedure Mediation Rules, 2005. A perusal of the memorandum indicates that the 2nd respondent had instituted a suit in O.S. No. 367/2024 for dissolving the marriage with accused No. 1. In those proceedings, accused No. 1 and the de facto complainant amicably resolved their dispute. As per the terms of the settlement, their marriage was mutually dissolved, and the 2nd respondent agreed to withdraw all allegations - 4 - NC: 2025:KHC:11529 CRL.P No. 2775 of 2025 against petitioner/accused No. 1. Both parties further agreed that they have no further claims against each other. 5. Although the offences alleged against the petitioners are cognizable and non-compoundable, given that the marriage between accused No. 1 and the de facto complainant has been mutually dissolved as per the terms of the settlement, subjecting the petitioners to a trial would be futile. The probability of conviction appears remote and bleak in light of the settlement. 6. In these circumstances, the continuation of the criminal proceedings would amount to an abuse of the process of law. ORDER Accordingly, petition is allowed. The impugned proceedings in C.C.No.15368/2024 on the file of XXXVII Addl. Chief Judicial Magistrate Court, Bengaluru is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN/ List No.: 1 Sl No.: 15 CT: BHK