- 1 - NC: 2025:KHC:5540 CRL.P No. 14204 of 2024 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. 14204 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. SRI SYED RAFIK S/O LATE SYED MOINUNNDIN AGED ABOUT 40 YEARS, R/AT NO.54, 4TH CROSS, NEAR MEKKA MASJID MANGAMMANA PALYA BENGALURU-560 068. 2. MAHABOOB BI W/O LATE SYED MOINUNNDIN AGED ABOUT 56 YEARS, R/AT NO.54, 4TH CROSS, NEAR MEKKA MASJID MANGAMMANA PALYA BENGALURU-560 068. …PETITIONERS (BY SRI. SAMEER S N.,ADVOCATE) AND: 1. STATE BY EAST ZONE WOMEN PS- BENGALURU REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA BENGALURU-560 001. 2. SMT FARZANA W/O SYED RAFIK AGED ABOUT 36 YEARS, R/O 11TH MAIN, 3RD CROSS, NEAR VENU MOTORS, MM GALLI, MANGAMMANA PALYA BENGALURU-560 068. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 SRI. M.K. NIYAZUDDIN, ADVOCATE FOR R-1) Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5540 CRL.P No. 14204 of 2024 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.32292/2021 PENDING BEFORE 6THADDL CMM COURT, BENGALURU CITY IN PURSUANT TO CHARGE SHEET FILED U/S 498 (A), 504, 323, 506 IPC, SEC 3, 4 OF DP ACT REGISTERED AGAINST THE PETITIONERS/ ACCUSED NO.1 AND 2 IN EAST ZONE WOMEN POLICE STATION CRIME NO.127/2020. 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, petitioner has sought for the following relief:- “Wherefore, the petitioner most respectfully prays that, this Hon’ble High Court may kindly be pleased to quash the entire charge sheet in C.C.No.32292/2021 pending before 6th Addl. CMM Court, Bengaluru City in pursuant to Charge sheet filed for the offences punishable under Section 498(A), 504, 323, 506 of IPC, Sections 3, 4 of DP Act registered against the petitioners/accused Nos.1 and 2 in East Zone Women Police Station Crime No.127/2020 in the interest of justice and equity.” 2. Learned counsel for the petitioners – accused Nos.1 and 2 and learned counsel for 2nd respondent – complainant have filed a Joint Affidavit duly signed by the petitioners, 2nd respondent and their respective counsel and the same is taken on record. - 3 - NC: 2025:KHC:5540 CRL.P No. 14204 of 2024 3. Petitioners – accused Nos.1 and 2, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the Joint Affidavit, which reads as under:- “JOINT AFFIDAVIT We, 1) Sri. Syed Rafik, S/o Late Syed Moinuddin, Aged about 40 years, R/at No.54, 4th cross, Near Mekka Masjid, Mangammana Palya, Bengaluru 560 068,2) Smt. Mahaboob Bi, W/o Late Syed Moinuddin, Aged about 56 years, R/at No.54, 4th cross, Near Mekka Masjid, Mangammapalya, Bengaluru 560 068, 3) Smt. Farzana, W/o Syed Rafik, Aged about 36 years, R/at 11th Main, 3rd cross, Near Venu Motors, MM Galli, Mangammana Palya, Bengaluru 560 068, do hereby solemnly affirm and state on oath as follows; 1) We submit that, the petitioners have preferred this petition to quash the entire proceedings in C.C.No.32292/2021 pending before Hon'ble 6th Additional CMM Court Now 10th ACJM, Mayohall, Bengaluru City, in pursuant to charge sheet filed in FIR registered against the petitioner No.1 and 2/ accused No.1 and 2, in East Zone Women Police Station in Crime No.127/2020 for the alleged offence punishable under Section 498 (A), 504, 323, 506 of IPC, Sec 3, 4 of DP Act. 2) We submit that, at the instance of elders and well- wishers the petitioner No.1 and 2 and respondent No.2 have amicably settled all their claims, differences, litigations and - 4 - NC: 2025:KHC:5540 CRL.P No. 14204 of 2024 disputes against each other and are in peace between ourselves. 3)We submit that, the petitioner No.1 is husband of respondent No.2, and the petitioner No.2 is mother-in-law of respondent No.2. 4) We submit that, due to extreme differences between the petitioner No.1 and respondent No.2 they have resolved that the continuation of marriage would not be beneficial to both, but detrimental to each other's interest and hence the marriage is ended by entering into "KHULA NAMA" and "Settlement Deed". In view of the same, the marriage of the petitioner No.1 and respondent No.2 is dissolved. 5) We submit that, the respondent No.2 received all claims from the petitioner No.1. The respondent No.2 agreed to withdraw the pending maintenance claim arrears petition filed against the petitioner No.1. 6) We submit that, in view of mutual settlement between the petitioner No.1 and 2 and respondent No.2, the respondent No.2 voluntarily and of his own free will, without any force and coercion, has no objection to quash the entire proceedings in charge sheet in C.C.No.32292/2021 pending before Hon'ble 6th Addl CMM court, Now 10th ACJM, Mayohall, Bengaluru city in pursuant to FIR registered against the petitioners in East Zone Women Police Station in Crime No.127/2020 for the alleged offences punishable under Section 498 (A), 504, 323, 506 of IPC, Sec 3 and 4 of DP Act. - 5 - NC: 2025:KHC:5540 CRL.P No. 14204 of 2024 WHEREFORE, we the petitioner No.1 and 2 and the respondent No.2 most respectfully pray that this Hon'ble Court may kindly be pleased to quash the entire proceedings in C.C.No.32292/2021 pending before 6th Additional CMM Court, Now 10th ACJM Mayohall, Bengaluru city, in pursuant to charge sheet filed against the petitioners/ accused No.1 and 2, in East Zone Women Police Station Crime No.127/2022 for the alleged offence punishable under Section 498 (A), 504, 323, 506 of IPC Sec, 3, 4 of DP Act in the interest of justice and equity. We do hereby declare that what is stated in this affidavit is true and correct to the best of our knowledge, belief and information and to that effect we have signed this affidavit.” 4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Affidavit dated 06.02.2025. (ii) The proceedings in C.C.No.32292/2021 (arising out of Crime No.127/2020 of 1st respondent – Police) registered for the offences punishable under Sections 498(A), 504, 323, 506 of IPC, - 6 - NC: 2025:KHC:5540 CRL.P No. 14204 of 2024 Sections 3, 4 of DP Act pending on the file of 6th Addl. CMM Court, Bengaluru City insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 1 Sl No.: 75