- 1 - HC-KAR NC: 2025:KHC:19826 CRL.P No. 7223 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 10TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7223 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SHEIK MOHAMMED YAKUB, S/O SHEIK SHAMSUDDIN, AGED ABOUT 39 YEARS, R/O NO.21-4-535/8, PINTO LANE, SUBHAS NAGAR, PANDESHWAR, MANGALORE, DAKSHINA KANNADA DISTRICT, KARNATAKA – 575 001. 2. SABHA SHEIK W/O FAIZAN AHMED KHAN, AGED ABOUT 40 YEARS, R/O NO.406 ORCHARD APARTMENT, ARYA SAMAJ ROAD, BALMATA, MANGALORE, DAKSHINA KANNADA, KARNATAKA – 575 001 3. NAJMUNNISA C/O SHEIK SHAMSHUDDIN, AGED ABOUT 63 YEARS, R/O NO.308, B BLOCK, 3RD FLOOR, NORTHERN SKY, PAMPWELL, PAMPWELL, KANKANADY, DAKSHINA KANNADA, KARNATAKA – 575 002 4. SHEIK SHARNSHUDDIN, C/O LATE SHEIK MOHAMMED, AGED ABOUT 65 YEARS, R/O NO.308, B BLOCK, 3RD FLOOR, NORTHERN SKY, PAMPWELL, KANKANADY, DAKSHINA KANNADA, KARNATAKA – 575 002 …PETITIONERS (BY SRI. NARTHANA G. U., ADVOCATE) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:19826 CRL.P No. 7223 of 2025 AND: 1. THE STATE OF KARNATAKA BY SHO KUNDAPURA RURAL POLICE REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE – 560 001 2. GULNAZ BEGUM, D/O MOHAMMED SHAFI, AGED ABOUT 30 YEARS, R/O NO.3-40, UMAR MANZIL, KAVRADY POST, KANDLURU VILLAGE, KUNDAPURA TALUK, UDUPI DISTRICT – 576 211 …RESPONDENTS (BY SRI. JAGADEESH B. N., ADDL. SPP FOR R1; SRI. SATHISH C., ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.229/2025, PENDING BEFORE THE COURT OF ADDITIONAL CIVIL JUDGE AND JMFC, KUNDAPURA, ARISING OUT OF CR.NO.79/2024, FOR THE OFFENCES PUNISHABLE UNDER SECTION 85, 115(2), 352, 351(2) R/W 3(5) OF BNS, 2023, U/S 3,4,6 OF D.P ACT. THIS PETITION, COMING ON FOR REPORT SETTLEMENT, 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:- “Wherefore, the Petitioners herein (Accused No.1 to 4) most humbly pray that this Hon’ble Court may be pleased to quash the proceedings in C.C.No.229/2025 pending before - 3 - HC-KAR NC: 2025:KHC:19826 CRL.P No. 7223 of 2025 the Court of Additional Civil Judge and JMFC, Kundapura arising out of Crime No.0079/2024 for the alleged offences punishable under section 85, 115(2), 352, 351(2) Read with 3(5) of B.N.S. 2023 and Under section 3, 4 and 6 of Dowry Prohibition Act and grant such other relief/s as this Hon’ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice.” 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for 2nd respondent – complainant have filed a Joint Memo dated 10.06.2025 duly signed by the petitioner Nos. 1, 2 and 4, 2nd respondent and their respective counsel along with memo for dispensation and the same are taken on record. 3. For the reasons stated in the memo, the presence of petitioner No.3 – accused No.3 before the Court is hereby dispensed with. 4. Petitioners – accused Nos.1, 2 and 4 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid Joint Memo, which reads as under:- JOINT MEMO Parties herein respectfully submit as follows: - 4 - HC-KAR NC: 2025:KHC:19826 CRL.P No. 7223 of 2025 1. Petitioners have filed the present seeking to quash the entire proceedings in C.C.No.229/2025 pending before the Court of Additional Civil Judge and JMFC Kundapura arising out of Crime No.0079/2024 for the alleged offences punishable under Section 85, 115(2), 352, 351(2) Read with 3(5) of B.N.S. 2023 and Under Section 3, 4 and 6 of Dowry Prohibition Act. 2. Subsequent to filing of charge sheet, owing to mutual talks and understandings on 01.02.2025 dispute between the parties came to be settled amicably in good terms and acknowledging the same an affidavit came to be executed by Respondent No.2 wherein she has affirmed that she has received an amount of Rs.15,00,000/- as maintenance for herself and child and that all the gold ornaments belonging to her has been received by her and gold belonging to Petitioner No.1 has been handed over to him. Further Respondent No.2 has also stated that she will withdraw all criminal cases filed as against Petitioners that there will be no further claims or dispute regarding the matter. A copy of the said affidavit is herewith submitted as Annexure-D. 3. Since the dispute between the petitioners and the Respondent No.2 is amicably settled and marriage has been dissolved the criminal proceedings in C.C.No.229/2025 pending before the Court of Additional Civil Judge & JMFC at Kundapura against the petitioners besides being unwarranted would also - 5 - HC-KAR NC: 2025:KHC:19826 CRL.P No. 7223 of 2025 amounts to abuse of process of law which is liable to be quashed. 4. Wherefore it is respectfully prayed that considering the settlement arrived between the parties herein, this Hon’ble Court may kindly be pleased to quash the proceedings in C.C.No.229/2025 pending before the Court of Additional Civil Judge & JMFC at Kundapura arising out of Crime No.0079/2024, in the interest of justice and equity.” 5. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) Petition is disposed of in terms of the Joint Affidavit dated 10.06.2025. (ii) The proceedings in C.C.No.229/2025 (arising out of Crime No.79/2024 of 1st respondent – Police) registered for the offences punishable under Sections 85, 115(2), 352, 351(2) r/w 3(5) of BNS, 2023 and under Sections 3, 4 and 6 of the D.P.Act, pending on the file of Addl.Civil Judge & JMFC, Kundapura, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.