- 1 - NC: 2025:KHC:18326 WP No. 14605 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF MAY, 2025 BEFORE THE HON'BLE MR JUSTICE S RACHAIAH WRIT PETITION NO. 14605 OF 2025 (GM-RES) BETWEEN: 1. FAZEEL AHMED, S/O MOHAMMED JAFER DARSI, AGED ABOUT 34 YEARS, 2. MOHAMMED JAFER DARZI, S/O ABDUL HAMEED DARZI, AGED ABOUT 67 YEARS, 3. NASIMA JAFER, W/O MOHAMMED JAFER DARZI, AGED ABOUT 57 YEARS, PETITIONERS 1 TO 3 ARE R/AT 01-04-30C, GUNDIBAIL ROAD, GUNDIBAIL, BEHIND SADGUR NIVAS, UDUPI – 574 118. …PETITIONERS (BY SMT. LATHA S SHETTY., ADVOCATE) AND: 1. THE STATE BY SHO UDUPI WOMEN POLICE STATION, UDUPI DISTRICT – 574 118. Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - NC: 2025:KHC:18326 WP No. 14605 of 2025 REPRESENTED BY PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, ANNEXED HIGH BUILDING, BANGALORE – 01. 2. SMT. SHIFA GOUSE SHEIKH, D/O MOHMMAD GOUSE, AGED ABOUT 31 YEARS, R/AT HOUSE NO.2-24, BAITHUL HUDA, GANDHI NAGAR, BADAGAULIPADY, MANGALORE, D.K. …RESPONDENTS (BY SMT.WAHEEDA M.M., HCGP FOR R1; SRI.MOHAMMED MONISA SOWMKAR, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA AND SECTION 482 OF THE CRIMINAL PROCEDURE CODE 1973 NOW SECTION 528 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA (BNSS) 2023 PRAYING TO QUASH COMPLAINT DATED 28.02.2025 IN CRIME NO.7/2025 PENDING ON THE FILE OF THE II ADDL SENIOR CIVIL JUDGE AND ACJM UDUPI (ANNEXURE - A) AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S RACHAIAH - 3 - NC: 2025:KHC:18326 WP No. 14605 of 2025 ORAL ORDER 1. The petitioners have filed this petition seeking to quash the complaint, FIR and its related proceedings. 2. Today, the learned counsel for the respective parties and also the parties are present before this Court and filed an application for compromise. The averments of the said application, paragraph No.3 reads as under: "3. It is submitted that the petitioner No.1 and respondent No.2 are husband and wife and now both the petitioners and respondent No.2 settled the matter amicably. Petitioner No.1 and Respondent No.2 have arrived to a consensus solution to their disputes and entered into an Talaqnama, Respondent No.2 agreeing to withdraw the impugned complaint and FIR and have settled the matter as per the terms of the talawnama. It is submitted, towards the settlement, petitioner No.1 has paid a sum of Rs.45,000/- to the respondent No.2 towards iddat expenses and petitioner No.1 has agreed to respondent No.2 to retain the Gold ornaments weighing 50 grams and 136.915 grams which is in her custody as a full and final settlement and the same has been received and acknowledged by - 4 - NC: 2025:KHC:18326 WP No. 14605 of 2025 respondent No.2 before the Samman Counseling Centre at Udupi. In view of the above settlement the respondent No.2 has no objection to quash the above criminal proceedings against the petitioners for the aforesaid offences". 3. Having considered the averments of the application mentioned above and also the affidavit filed by the respective parties, it is appropriate to allow the said application in order to maintain quietus between the parties. 4. Hence, I proceed to pass the following: ORDER i) The writ petition is allowed. ii) The complaint dated 28.02.2025 in Crime No.7/2025 pending on the file of the II Additional Senior Civil Judge and ACJM, Udupi (Annexure-A) is quashed. - 5 - NC: 2025:KHC:18326 WP No. 14605 of 2025 iii) The FIR dated 28.02.2025 in Crime No.7/2025 of respondent - police for the offences under Section 85, 115(2), 3(5) of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023 on the file of the II Additional Senior Civil Judge and ACJM, Udupi (Annexure-B) is quashed. iv) Petitioners have been acquitted for the offences punishable under Sections 85, 115(2) r/w 3(5) of BNS, 2023. v) Bail bond executed if any, stands cancelled. Sd/- (S RACHAIAH) JUDGE VS/UN List No.: 2 Sl No.: 32