- 1 - NC: 2025:KHC-D:2371 CRL.P No. 100045 of 2025 C/W CRL.P No. 102902 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100045 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 102902 OF 2024 IN CRL.P. NO.100045 OF 2025: BETWEEN: SHAIK AKRAM BASHA S/O. SHAIK ANWAR BASHA AGED 27 YEARS, OCC. PRIVATE JOB, R/O. H. NO. 31, WARD NO.23, VIJAYANAGARA COLONY, CANTONMENT, BALLARI-583 102. …PETITIONER (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580008, THROUGH PSI, BALLARI WOMEN POLICE STATION, BALLARI-580008, THROUGH PSI, BALLARI WOMEN POLICE STATION, BALLARI-583102. 2. SMT. ZEBA KAUSAR W/O. SHAIK AKRAM BASHA AGED 24 YEARS, OCC. HOUSEWIFE, R/O. NEAR PARK, VIJAYANAGARA COLONY, CANTONMENT, BALLARI-583102. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. ANWAR BASHA B., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 AS PER ANNEXURE-A, AND THE IMPUGNED Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 12:09:50 +0530 - 2 - NC: 2025:KHC-D:2371 CRL.P No. 100045 of 2025 C/W CRL.P No. 102902 of 2024 FIR REGISTERED BY THE RESPONDENT NO.1 IN CRIME NO. 0189/2023 OF BALLARI WOMEN PS AS PER ANNEXURE-B AND ALSO FILING OF CHARGE SHEET AND ALSO CRIMINAL CASE IN C.C.NO. 443/2024 PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC AT BALLARI FOR THE OFFENCE P/U/SEC. 498A, 323, 504, 506 R/W 34 OF IPC AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT-1961 AGAINST THE PETITIONER/ACCUSED NO.1. IN CRL.P. NO.102902 OF 2024: BETWEEN: 1. SHAIK ANWAR BASHA S/O. LATE SHAIK MANSOOR AGED 66 YEARS, OCC. RETIRED PERSON, R/O. H.NO. 31, WARD NO.23, VIJAYANAGARA COLONY, CANTONMENT, BALLARI-583102. 2. NASEEMA BEGUM W/O. SHAIK ANWAR BASHA AGED 61 YEARS, OCC. RETIRED PERSON, R/O. NEAR PARK, VIJAYANAGARA COLONY, CANTONMENT, BALLARI-583102. …PETITIONERS (BY SRI. SABEEL AHMED, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580008, THROUGH PSI, BALLARI WOMEN POLICE STATION, BALLARI-583102. 2. SMT. ZEBA KAUSAR W/O. SHAIK AKRAM BASHA AGED 24 YEARS, OCC. HOUSEWIFE, R/O. NEAR PARK, VIJAYANGARA COLONY, CANTONMENT, BALLARI-583102. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. ANWAR BASHA B., ADVOCATE FOR R2) - 3 - NC: 2025:KHC-D:2371 CRL.P No. 100045 of 2025 C/W CRL.P No. 102902 of 2024 THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE COMPLAINT FILED BY THE RESPONDENT NO.2 AS PER ANNEXURE-A, AND THE IMPUGNED FIR REGISTERED BY THE RESPONDENT NO.1 IN CRIME NO. 0189/2023 OF BALLARI WOMEN POLICE STATION, AS PER ANNEXURE-B AND ALSO FILING OF CHARGE SHEET AND ALSO CRIMINAL CASE IN C.C.NO. 443/2024 PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC AT BALLARI FOR THE OFFENCES P/U/SEC. 498A, 323, 504, 506 R/W 34 OF IPC AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT-1961 AGAINST THE PETITIONERS/ACCUSED NO.2 AND 3. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners in these petitions are sought to be prosecuted for offences punishable under Sections 498A, 323, 504, and 506 read with Section 34 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act, 1961. 2. The prosecution alleges that accused No.1 is the husband and accused Nos.2 and 3 are the parents-in-law of the de facto complainant. It is alleged that they subjected her to physical and mental cruelty and demanded dowry from her parental home. 3. The parties are present before this Court and have filed an application for compounding, stating that they have amicably resolved the dispute among themselves. As per the terms of the settlement: • Accused No.1 and the de facto complainant have agreed to dissolve their marriage mutually. - 4 - NC: 2025:KHC-D:2371 CRL.P No. 100045 of 2025 C/W CRL.P No. 102902 of 2024 • Accused No.1 has agreed to pay a sum of ₹30 lakhs towards permanent alimony to the de facto complainant. • The application is placed on record. • Accused No.1, who is present before the Court, has handed over ₹15 lakhs to the de facto complainant, who has acknowledged receipt of the same. • Accused No.1 has agreed to pay the balance amount of ₹15 lakhs immediately upon the mutual dissolution of their marriage. • The de facto complainant has agreed to withdraw all allegations against the petitioners and has no objection to quashing the impugned proceedings. • The gold ornaments have been returned to the de facto complainant, and she has acknowledged receipt of the same. 4. Although the offences alleged are cognizable and non- compoundable, considering the fact that the parties have amicably resolved their dispute, subjecting the petitioners to trial would be a futile exercise. Given the remote and bleak probability of conviction, in light of the settlement, the continuation of criminal proceedings would amount to an abuse of the process of law. 5. Accordingly, the petitions are allowed. The impugned proceedings in C.C. No. 443/2024, pending before the IV Additional Civil Judge and JMFC, Ballari, are hereby quashed. - 5 - NC: 2025:KHC-D:2371 CRL.P No. 100045 of 2025 C/W CRL.P No. 102902 of 2024 6. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 1 Sl No.: 13