- 1 - HC-KAR NC: 2025:KHC:18731 CRL.P No. 8468 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 8468 OF 2022 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. NAWAZ AHMED KHAN @ NAWAZ AHMED F S/O FAROOQ AHMED KHAN AGED ABOUT 32 YEARS, 2. FAROOQ AHMED KHAN @ FAROOQ AHMED S/O LATE FARROQ AHMED KAHN AGED ABOUT 62 YEARS, 3. PARVEEN @ PARVEEN UNNISA W/O FARROQ AHMED KHAN AGED ABOUT 52 YEARS, 4. AYESHA SABA KHAN @ AYESHA BANU F W/O N SIDDIQ SHARIFF AGED ABOUT 35 YEARS ADRESS AS PER FIR NO.30/1, A MAHABOOB GROUND FLOOR, PULKESHINAGAR, BENGALURU CITY – 560 005. CORRECT ADDRESS: NO.15, 2ND STREET, CHANDINI CHOWK ROAD, SHIVAJINAGAR, BENGALURU NORTH, BENGALURU, KARNATAKA – 560 051. 5. SADDAM HUSSEIN @ SADDAM HUSSAIN F S/O FAROOQ AHMED KHAN, AGED ABOUT 23 YEARS, 6. SHAHURKH KHAN @ SHAHRUKH KHAN F S/O FAROOQ AHMED KHAN, AGED ABOUT 27 YEARS Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:18731 CRL.P No. 8468 of 2022 PETITIONER NO. 1, 2, 3, 5 AND 6 ADDRESS AS PER FIR: NO. 30/1, A MOHABABOOB GROUND FLOOR, PULAKESHINAGAR, BENGALURU CITY - 560 005. PETITIONER NO. 1, 2, 3, 5 AND 6 ADDRESS AS PER ADHARCARD: NO. 69, NOHA STREET, BRADWAY ROAD CROSS, SHIVAJINAGAR, BENGALURU NORTH HKP ROAD, BENGALURU KARNATAKA – 560 051. …PETITIONERS (BY SRI. AFROZ PASHA, ADVOCATE) AND: 1. STATE OF KARNATAKA BY EAST ZONE WOMENS P.S., REP. BY THE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT COMPLEX, BENGALURU – 560 001. 2. SMT. NIGAR SULTANA, W/O AWAZ AHMAD KHAN, D/O MOHAMMED GHOUSE, R/O 13, 3RD CROSS, MUNIYAPPA LAYOUT, SHAMPURA BENGALURU CITY, BENGALURU – 560 045 …RESPONDENTS (BY SMT. SOWMY R., HCGP FOR R1; SRI. KALYAN R., ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.128/2022 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 498A, 323, 504, 506 R/W 34 OF IPC AND SECTION 3 AND 4 OF D.P. ACT REGISTERED BY THE RESPONDENT POLICE i.e. EAST ZONE WOMEN POLICE STATION PENDING ON THE FILE OF VI ADDL.C.M.M., BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:18731 CRL.P No. 8468 of 2022 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners have sought for the following relief:- “ WHEREFORE, the petitioner most respectfully prays that this Hon’ble Court may be pleased to quash the FIR in Crime No.128/2022 for alleged offences punishable under Sections 498A, 323, 504, 506, 34 of IPC and 3 & 4 of D.P. Act registered by the respondent police i.e., East zone Women’s Police Station pending on the file of Hon’ble 6th Addl. C.M.M. Bangalore in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 6 and learned counsel for respondent No.2 – complainant have filed an Application under Section 320(2) Cr.P.C. and Joint Affidavit, both dated 03.06.2025, duly signed by the petitioners, respondent No.2 and their respective counsel and the same are taken on record. 3. Petitioners – accused Nos.1 to 6, respondent No.2- complainant and their respective counsel are physically present before the Court and they admit the contents of the Application under Section 320(2) Cr.P.C. and Joint Affidavit, both dated 03.06.2025, which read as under:- - 4 - HC-KAR NC: 2025:KHC:18731 CRL.P No. 8468 of 2022 “APPLICATION UNDER SECTION 320(2) OF THE CODE OF CRIMINAL PROCEDURE That the above-named petitioners and Respondent no.2 most humble submits that: 1. That the above-named respondent no.2 has filed the complaint against the above-named accused/petitioners and before the 1st respondent i.e., East Zone Women’s Police, the FIR is registered in Crime no.128/2022 for the offences Punishable u/s 498(a), 323, 504, 506, 34 of IPC and 3, 4 of DP act pending on the file of 6th ACJM, Bengaluru. 2. That the above-named accused/petitioners have filed the above criminal petition u/s 482 of CRPC to quash the FIR Crime no 128/2022 of East Zone Women’s Police. 3. That, the accused no 1 and Respondent no.2 were husband and wife and they have mutually dissolved their marriage by virtue of Khulanama on 20/05/2025. 4. That, as per the terms of the khulanama the complainant agreed to withdraw the criminal case filed in Cr no. 128/2022 registered by the East Zone women police offence’s Punishable u/s 498(a), 323, 504, 506, 34 of IPC and 3, 4 of DP act pending on the file of 6th ACJM Bangalore and maintenance case filed in Crl. Misc. no. 223/2022 and recovery case in Crl. Misc. No.209/2023 pending before the 1st JMTC Mayohall court against the petitioners. 5. That, the 1st petitioner has paid sum of Rs. 100000/ by way of cash to the complainant and her son Tippu sultan towards the full and final settlement of the maintenance and - 5 - HC-KAR NC: 2025:KHC:18731 CRL.P No. 8468 of 2022 compensation and the complainant and her son will have further claims against the petitioners. 6. That, the complainant and petitioners have no other claims against each other. 7. That the both parties have settled their disputes and matter has been compromised between the parties in the presence of the well-wisher. 8. That the above offences are compoundable with the permission of the court. PRAYER Wherefore it is most respectfully prayed that this Hon’ble may please to: 1. Allow application filed u/s 320 of CRPC and permit the parties compound the offences. 2. Pleased to quash the FIR Crime No 128/2022 for the offences punishable under sections 498(a), 323, 504, 506, 34 of IPC and 3, 4 of DP registered by the respondent police i.e., East Zone Women’s Police station pending on the file of Hon’ble 6th Addl. Chief Judicial Magistrate Court, Bangalore the interest of justice and equity.” JOINT AFFIDAVIT Nawaz Ahmed Khan Nawaz Ahmed F. S/o Farooq Ahmed Khan Aged about 32, No. 69, Noha street, Bradway Road Cross Shivaji nagar Bangalore North HKP Road Bangalore Karnataka – 560 051 and Smt. Nigar Sultana D/o Mohammed Ghouse Aged about 26 years Resident Of:13, - 6 - HC-KAR NC: 2025:KHC:18731 CRL.P No. 8468 of 2022 3rd Cross Muniyappa Layout Shampura Bengaluru City Bangalore – 560045 1. I Nawaz Ahmed Khan @ Nawaz Ahmed F, accused / petitioner no.1 in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit on behalf of Respondent/petitioner no. 2-6 also. 2. I Nigar Sultana I am the complainant in the above case and I am fully conversant with the facts of the case and I am swearing to this affidavit. 3. We submit that, we have filed an application u/s 320(2) CRPC to compound the offences in the above criminal petition. 4. We submitted that; we have already taken divorce by virtue of Khulanama on 20/05/2025. 5. We submitted that, we have settled our disputes and matter has been compromised between us in the presence of the well-wisher. 6. We submit that, we have settled our disputes with own will and wish without any influence or force. What is stated above is true and correct to the best of my knowledge, information and belief. wherefore it is most respectfully prayed that this Hon'ble may please to: a. Allow application filed u/s 320 of CRPC and permit the parties compound the offences. - 7 - HC-KAR NC: 2025:KHC:18731 CRL.P No. 8468 of 2022 b. Pleased to quash the FIR Crime No 128/2022 for the offences punishable under sections 498(a), 323, 504, 506, 34 of IPC and 3, 4 of DP registered by the respondent police i.e., East Zone Women’s Police station pending on the file of Hon’ble 6th Addl. Chief Judicial Magistrate Court, Bangalore the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of the Application filed under Section 320(2) of Cr.P.C. and Joint Affidavit, both dated 03.06.2025. (ii) The proceedings in Crime No.128/2022 registered by respondent No.1-Police, for the offences punishable under Sections 498A, 323, 504, 506, 34 of IPC and 3, 4 of DP Act, pending on the file of the 6th Addl. C.M.M., Bengaluru, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE BMC List No.: 3 Sl No.: 0