- 1 - NC: 2025:KHC:2610 CRL.P No. 10128 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10128 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. MR. MOHAMMED SUHAIB S/O AHAMMAD BHAVA B V, AGED ABOUT 34 YEARS, R/AT MASCO ELIT, MUKKACHERI, ULLAL VILLAGE AND POST, MANGALURU TALUK, (DK) KARNATAKA - 575020 2. MR AHAMMED BAVA B V S/O LATE K MOHAMED, AGED ABOUT 63 YEARS, R/AT MASCO ELIT, MUKKACHERI, ULLAL VILLAGE AND POST, MANGALURU TALUK, (DK) KARNATAKA 575020 3. MRS HALEEMA W/O AHAMMED BAVA AGED ABOUT 57 YEARS R/AT MASCO ELIT, MUKKACHERI, ULLAL VILLAGE AND POST, MANGALURU TALUK, (DK) KARNATAKA - 575020 4. MRS SUHANA ASHFAN W/O ASHFAN AGED ABOUT 37 YEARS, R/AT MAK GRAND APARTMENT, NEAR COLACO HOSPITAL, BENDOOR WELL MANGALURU 575002 Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:2610 CRL.P No. 10128 of 2023 5. MR. ASHRAF AGED ABOUT 62 YEARS, R/AT NEAR BADRIYA SCHOOL, BADRIYA 1ST CROSS, KANDAK, OLD MUNICPAL OFFICE ROAD, BENDOOR, MANGALURU - 575001 (WITHIN LIMITS OF KONAJE PS) …PETITIONERS (BY SRI. RAJA SUBRAHMANYA BHAT B., ADVOCATE) AND: MRS AZMIYA D/O ABOOBACKER AGED ABOUT 25 YEARS, R/O RIN MORLA HOUSE, NAVINAGANA, MANJANADI, BANTWAL TALUK, (DK) - 574721 …RESPONDENT (BY SRI. TALHA ISMAIL BENGRE, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.183/2021, INITIATED U/S 12, 18, 19, 23(2) OF THE DOMESTIC VIOLENCE ACT, 2005, PENDING ON THE COURT OF THE SENIOR CIVIL JUDGE AND JMFC, BANTWAL, DAKSHINA KANNADA, VIDE ANNEXURE-D. 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:- “Wherefore, the petitioners pray that this Hon’ble Court may be pleased to quash the entire proceedings in Crl.Misc.No.183/2021, initiated under Section 12, 18, 19, 23(2) of the Domestic Violence Act, 2005, pending on the - 3 - NC: 2025:KHC:2610 CRL.P No. 10128 of 2023 Court of the Senior Civil Judge and JMFC, Bantwal, Dakshina Kannada, vide Annexure-D and grant such other further relief/s in the circumstances of the case; in the interest of justice.” 2. Learned counsel for the petitioners and learned counsel for the respondent – complainant have jointly filed I.A.No.1/2025 along with joint affidavit duly signed by petitioner No.1, respondent and their respective counsel and the same is taken on record. 3. Petitioner No.1 is physically present before the Court for himself and on behalf of other petitioners and his counsel and counsel for the respondent are physically present before the Court and they admit the contents of the joint interlocutory application which is filed along with joint affidavit, which reads as under:- I.A.No.1/2025 MEMORANDUM OF INTERLOCUTORY APPLICATION UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE The petitioner and Respondent respectfully submit as follows: 1. The present petition has been filed seeking quashing of Criminal Miscellaneous No.183/2021 filed by the respondent under the provision of Domestic Violence Act, 2005 pending before the Senior Civil Judge and JMFC Court, Bantwala, D.K. District. 2. During the pendency of this Criminal Petition with the intervention of well-wishers and elders in the family, - 4 - NC: 2025:KHC:2610 CRL.P No. 10128 of 2023 the disputes arising out of the marriage between the petitioner and respondent has been resolved amicably. 3. The respondent realizing that all her allegations made against the petitioners as baseless has now agreed to withdraw the accusations and, by filing joint memo to quash the criminal proceeding in Crl. Misc. No.183/2021 filed by the respondent pending before Senior Civil Judge and JMFC Court, Bantwala, D.K. District. 4. Both the parties hereto agree and undertake not to make any further financial demands/claims in future and undertake not to initiate any legal proceedings whatsoever nature before any court against each other or their respective family members. 5. That the parties have hereby agreed to withdraw all allegations made against each other in their plaint / counter. 6. That the parties shall not cause nuisance to each other life in any manner, in future. Wherefore, it is most respectfully prayed that in view of the compromise entered into between the parties, this Hon'ble Court by exercise of inherent jurisdiction be pleased to quash the entire proceedings of Crl. Misc. No.183/2021 filed by the respondent pending before Senior Civil Judge and JMFC Court Bantwala, D.K. District, in the interest of justice.” 4. In view of the aforesaid settlement entered into between the petitioners and the respondent, I pass the following: ORDER (i) I.A.No.1/2025 is allowed. - 5 - NC: 2025:KHC:2610 CRL.P No. 10128 of 2023 (ii) The petition is disposed of in terms of compromise entered into between them as mentioned in I.A.No.1/2025 dated 18.01.2025. (iii) The proceedings in Crl.Misc. No.183/2021 on the file of the Senior Civil Judge and JMFC, Bantwal, Dakshina Kannada vide Annexure-D are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 112