- 1 - HC-KAR NC: 2025:KHC:21125 CRL.P No. 7787 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 7787 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MOHAMMAD DILFAZ AGED ABOUT 26 YEARS S/O UMARABBA, HOUSE NO.18-127/6 ALSHABNAM VILLA, NEAR SUMMER MANGALORE CITY – 575 001. 2. UMARABBA AGED ABOUT 65 YEARS, S/O ZUBAIR, HOUSE NO.18-127/6 ALSHABNAM VILLA, NEAR SUMMER MANGALORE CITY -575 001. …PETITIONERS (BY SRI. TALHA ISMAIL BENGRE.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY MANAGALURU WOMENS PS, MANGALORE, DAKSHINA KANNADA REPRESENTED, BY SPP HIGH COURT BUILDING, BENGALURU, 560 001. 2. HEENA FATHIMA, AGED ABOUT 23 YEARES, D/O MOHAMMED, R/A MEHRAJ PEARL APARTMENT, MASTHIKATTE ULLALA, MANGALURU CITY -575 020. …RESPONDENTS (BY SRI. JAGADEESHA.B.N, ADDL.SPP FOR R-1 SRI. MOHAMMED ZAMMER.K, ADVOCATE FOR R-2) Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:21125 CRL.P No. 7787 of 2025 THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR AND CHARGE SHEET REGISTERED BY THE RESPONDENT POLICE OF MANGALURU WOMENs P.S., AGAINST THE PETITIONERS HEREIN IN CR.NO.121/2024, FOR THE OFFENCES P/U/S 85,115(2) OF BNS, U/S 3 AND 4 OF D.P ACT, U/S 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE ACT), 2019, PENDING ON THE FILE OF THE HONBLE CIVIL JUDGE, JMFC-III COURT, MANGALURU IN CC.NO.337/2025, D.K DISTRICT. 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:- “The Petitioners, most respectfully prays that this Hon’ble Court may kindly be pleased to quash the FIR and Charge Sheet registered by the respondent Police of Mangaluru Women’s PS against the petitioners herein in Cr.No.121/2024 offences punishable under section 85, 115(2) of BNS and Section 3 and 4 of D.P. Act, and section 4 of the Muslim Women (protection of rights on marriage act) 2019. Which is pending on the file of Hon’ble Civil Judge and JMFC – III Court, Mangaluru in C.C.No.337/2025, D.K. District, in the interest of justice.” 2. Learned counsel for the petitioner – accused No.1 and learned counsel for 2nd respondent – complainant have filed an Application under Section 320(2) of Cr.P.C. dated 17.06.2025 duly - 3 - HC-KAR NC: 2025:KHC:21125 CRL.P No. 7787 of 2025 signed by the petitioner No.1, 2nd respondent and their respective counsel and the same is taken on record. It is submitted that since petitioner No.2 – accused No.2 is unwell, he is not present before the Court. 3. Petitioner – accused No.1 and respondent No.2 – complainant and their respective counsel are physically present before the Court and they admit the contents of the aforesaid application, which reads as under:- “APPLICATION UNDER SECTION 320(2) OF CRPC / 359 OF BNSS The de-facto complainant (Respondent 2) and both the accused persons begs to submit as follows:- 1. That on the information of the de-facto complainant the respondent no.1 registered a case against the petitioners and the same is got numbered as Crime No.121/2024 for the offences punishable under section 85, 115(2) of BNS and under section 3 and 4 of dowry prohibition act and under section 4 of Muslim women protection of rights on marriage on 2019, after the investigation the prosecution has filed a charge sheet bearing no.07/2025 same is got numbered as C.C.No.337/2025 and the same is pending in the file of JMFC 3rd Court Mangalore. 2. That the matter is pertaining to the issues arising out of the wedlock between the petitioner no.1 and the de- - 4 - HC-KAR NC: 2025:KHC:21125 CRL.P No. 7787 of 2025 facto complainant here in after the intervention of the elders of the both the family have decided that they shall forgo the past incidents and would restore their old relationships and would continue their marital relationship peacefully. 3. That the de-facto complainant therefore, is not willing to perusing complaint against the both the accused persons i.e., petitioners herein. 4. That the offences alleged have been committed by the said accused persons/petitioner are compoundable with the permission of this Hon’ble Court. 5. It is therefore most humbly prays that this Hon’ble Court may please to grant permission to compound the said offences and be pleased to dispose this case as compounded and said accused be acquitted in the interest of justice and equity.” 4. 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 aforesaid application dated 17.06.2025. (ii) The proceedings in C.C.No.337/2025 (arising out of Crime No.121/2024 of 1st respondent – Police) registered for the offences punishable under Sections 85, 115(2) of BNS and - 5 - HC-KAR NC: 2025:KHC:21125 CRL.P No. 7787 of 2025 Sections 3 and 4 of D.P.Act, pending on the file of JMFC III Court, Mangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.