- 1 - NC: 2025:KHC:5543 CRL.P No. 12417 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.12417 OF 2023 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI. MOHIDDIN ARSHAD S/O T N KHADER, AGED ABOUT 30 YEARS, R/A K K MANJIL, JOKATTE, MANGALORE TALUK, D K DISTRICT – 01. 2. SRI T N KHADER S/O LATE AHAMMAD NADUMANE, AGED ABOUT 62 YEARS, R/A K K MANJIL, JOKATTE, MANGALORE TALUK, D K DISTRICT – 01. 3. SRI MOHAMMAD ASHFAR S/O T N KHADER, R/A K K MANJIL, JOKATTE, MANGALORE TALUK, D K DISTRICT – 01. 4. SMT FHATIMUTUL ARJANA W/O THOSHAD KALANDAR, AGED ABOUT 24 YEARS, R/A THOUSIYA MANJIL, CHOKKABETTU, SURATKAL, MANGALORE TALUK, D K DISTRICT – 01. …PETITIONERS (BY SRI. SUYOG HERELE E., ADVOCATE) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5543 CRL.P No. 12417 of 2023 AND: 1. THE STATE OF KARNATAKA THROUGH MANGALORE WOMEN POLICE STATION, REPRESENTED BY SPP, HIGH COURT BUILDING, BENGALURU – 01. 2. SMT NAMEERA KOUSAR W/O MOHIYUDDIN ARSHAD, AGED ABOUT 24 YEARS, R/AT NO.2-54/A, HASANABBA, PADDAYIGUDDE, AMBLAMOGARU, KONAJE POST, MANGALORE TALUK, D K DISTRICT – 01. …RESPONDENTS (BY SRI. VINAY MHADEVAIAH, HCGP FOR R-1; SRI. LETHIF B., ADVOCATE FOR R-2) THIS CRL.P. IS FILED U/S 482 CR.PC PRAYING TO ALLOW THIS CRL.P AND QUASH THE FIR AND COMPLAINT IN CR.NO.103/2023 REGISTERED BY RESPONDENT NO.1 MANGALORE WOMEN P.S., (ON THE FILE OF THE LEARNED III J.M.F.C III COURT, MANGALORE) FOR THE ALLEGED OFFENCE P/U/S 498A, 323, 504, 526, 34 OF IPC UNDER SEC.3 AND 4 OF D.P ACT AND UNDER SEC.4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019, PRODUCED AT DOCUMENT NOS.1 AND 2. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - NC: 2025:KHC:5543 CRL.P No. 12417 of 2023 ORAL ORDER In this petition, petitioners have sought for the following relief:- “(a) Allow this Criminal Petition and quash the FIR and Complaint in Crime No.103/2023 registered by respondent No.1 Mangalore Women P.S.(on the file of the learned 3rd J.M.F.C. III Court, Mangalore) for the alleged offences under Sections 498A, 323, 504, 526 and 34 of I.P.C.; under Sections 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (protection of Rights on Marriage) Act, 2019; produced at Document No.1 and 2. (b) Grant such other relief or reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 to 4 and learned counsel for respondent No.2 – complainant have filed Memorandum of Compromise Petition duly signed by the petitioner No.1, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused Nos.1 to 4 and their counsel and counsel for respondent No.2 are physically present before the Court and 2nd respondent has appeared through Video - 4 - NC: 2025:KHC:5543 CRL.P No. 12417 of 2023 Conferencing and they admit the contents of the Memorandum of Compromise Petition, which reads as under:- “Memorandum of Compromise Petition under Section 359 r/w 528 of BSNN, 2023 The Petitioners and the respondent No.2 above named most respectfully submits as follows: 1. The Petitioner No.1 herein has challenged the entire proceedings in C.C.No.1306/2024 pending on file of the Learned 3rd J.M.F.C. III Court, Mangalore for the alleged offence under Sections 498(A), 323, 504, 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 including the FIR, Complaint and Charge sheet in Crime No.0103/2023 and the Petitioner No.2, 3 and 4 are challenging the FIR and Complaint in Crime No.103/2023 registered by respondent police, pending on file of the Learned 3rd J.M.F.C. III Court, Mangalore for the alleged offence under Sections 498(A), 323, 504, 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 along with other consequential reliefs. 2. It is submitted that the Petitioners and Respondent No.2 in the above criminal petition have settled their interlay misunderstanding and dispute arising out of the marriage between the Petitioner No.1 and Respondent No.2 with the intervention and advices of well-wishers and elderly members of their respective families. The parties have settled their dispute amicably and the marriage has been - 5 - NC: 2025:KHC:5543 CRL.P No. 12417 of 2023 dissolved by way of Khula, as per Muslim rituals. The copy of the Khula is produced herewith and marked as Document No.1. The Petitioner No.1 has paid a sum of Rs.6,50,000 (Six Lakh fifty thousand) as full and final settlement to the Respondent No.2 through Demand draft dated 03.02.2025 bearing No.072818. 3. The Petitioner No.2 has agreed to withdraw the suit for injunction filed against the Respondent No.2 and further the petitioners and the respondent No.2 have agreed to withdraw/settle any civil or criminal cases filed and pending between them and they no longer intend to pursue the proceedings challenged in the above criminal petition. 4. The Respondent No.2 who is the de-facto complainant is present before this Hon'ble Court through Video conference and has filed an affidavit in support of this compromise petition, request and gives her no objection for quashing the entire proceedings against Petitioner No.1 in C.C.No.1306/2024 pending on file of the learned 3rd J.M.F.C. III Court, Mangalore including the FIR, Complaint and charge sheet in Crime No.103/2023 registered by Respondent No.1 for the alleged offence punishable u/s 498(A), 323, 504, 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019. 5. The Respondent No.2 has no objection to quash the FIR and complaint registered against Petitioner Nos.2, 3 and 4 in Crime No.103/2023 for the alleged offence under Sections 498(A), 323, 504, 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 - 6 - NC: 2025:KHC:5543 CRL.P No. 12417 of 2023 registered by Respondent Police as prayed for in order to secure the ends of justice and to prevent the abuse of process of law. 6. The ID proof of Petitioners and Respondent No.2 is produced along with this memorandum of compromise petition. The same may be kindly taken on record. Wherefore, this Hon'ble court may kindly be pleased to permit the Petitioners and Respondent No.2 to compound and compromise the above proceedings and accordingly quash the entire proceedings in C.C.No.1306/2024 pending on file of the learned 3rd J.M.F.C. III Court, Mangalore including the FIR, Complaint and Charge sheet in Crime No.103/2023 registered by Respondent No.1 for the alleged offence punishable u/s 498(A), 323, 504, 506 r/w 34 of IPC and u/s 3 and 4 of Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner No.1 and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Memorandum of Compromise Petition dated 06.02.2025. (ii) The proceedings in C.C.No.1306/2024 (arising out of Crime No.103/2023) of 1st respondent – Police registered for the - 7 - NC: 2025:KHC:5543 CRL.P No. 12417 of 2023 offences punishable under Sections 498A, 323, 504, 526 and 34 of IPC and under Sections 3 and 4 of the Dowry Prohibition Act and under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, pending on the file of JMFC, III Court, Mangalore, insofar as the petitioners are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SV List No.: 2 Sl No.: 56