- 1 - NC: 2025:KHC:13012 CRL.P No. 14082 of 2024 C/W CRL.P No. 14098 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 14082 OF 2024 C/W CRIMINAL PETITION NO. 14098 OF 2024 IN CRL.P No. 14082/2024: BETWEEN: 1. FAYAZ AHMAD @ FAYAZ S/O GHOUSE AHMED @ MOHAMMED GHOUSE AGED ABOUT 55 YEARS R/AT NO.22, 11TH CROSS, OLD GUDDADAHALLI , MYSORE ROAD, BENGALURU - 560 026. 2. GULNAZ BANU @ GULNAZ W/O FAYAZ AHMED @ FAYAZ AGED ABOUT 24 YEARS, R/AT NO.22, 11TH CROSS OLD GUDDADAHLLI MYSORE ROAD, BENGALURU - 560 026. 3. RUKSAR BANU @ RUKSAR S/O SYED HAFEEZ AGED ABOUT 24 YEARS, R/AT NO.22, 11TH CROSS OLD GUDDADAHALLI MYSORE ROAD, BENGALURU - 560026. 4. ISAK @ ISAQ KHAN S/O AMANULLA KHAN AGED ABOUT 33 YEASR, R/AT NO.HOUSE NO.692 W -29 , CHAMARAJAPETE, CHIKKABALLAPUR BANGALORE RURAL - 562 101. …PETITIONERS Digitally signed by R HEMALATHA Location: High Court of Karnataka - 2 - NC: 2025:KHC:13012 CRL.P No. 14082 of 2024 C/W CRL.P No. 14098 of 2024 (BY SRI. MOHAMMED TAHIR, ADVOCATE) AND: 1. STATE BY CHAMARAJPETE P S REP. BY STATE PUBLIC PROSECUTOR, OFFICE AT HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA, BENGALURU - 560001. 2. SYED HAFEEZ S/O SYED HABEEB AGED ABOUT 26 YEARS R/AT NEAR ARFAD MASK MADINA HOTEL, 5TH CROSS, SUNNI CHOWK, PADARAYANAPUR J J NAGAR, BENGALURU - 560018. …RESPONDENTS (BY SRI. M.N. ANOOP KUMAR, HCGP FOR R1; SRI CHAND PASHA SADDAM R., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR REGISTERED AS CR.NO.193/2024 DATED 05.08.2024 CHAMARAJPET P.S., BENGALURU U/S 118(1), 126(2), 109 AND 3(5) OF BNS ACT, 2023, PENDING ON THE FILES OF HONBLE 5TH ACMM AT BANGALORE AT ANNEXURE-A WHEREIN THE PETITIONERS ARE ARRAYED AS ACCUSED NO.1 TO 4 AND ETC. IN CRL.P NO. 14098/2024 BETWEEN: 1. SYED HAFIZ S/O SYED HABEEB AGED ABOUT 28 YEARS, R/AT NO.33, 2ND CROSS, RAYAPURAM, JJR NAGAR, BENGALURU CITY KARNATAKA-560 018. 2. SYED HABEEB S/O LATE SYED AKBAR AGED ABOUT 50 YEARS, R/AT NO.33, 2ND CROSS, RAYAPURAM, JJR NAGAR, BENGALURU CITY KARNATAKA-560 018. - 3 - NC: 2025:KHC:13012 CRL.P No. 14082 of 2024 C/W CRL.P No. 14098 of 2024 3. MUBIN TAJ D/O SYED HABEEB AGED ABOUT 48 YEARS R/AT NO.33, 2ND CROSS, RAYAPURAM, JJR NAGAR, BENGALURU CITY KARNATAKA-560018. 4. HARSIYA D/O SYED NAWAZ AGED ABOUT 26 YEARS R/AT, NO.33, 2ND CROSS, RAYAPURAM, JJR NAGAR, BENGALURU CITY KARNATAKA-560018. ...PETITIONERS (BY SMT. JYOTHI SHARMA K., ADVOCATE) AND: 1. STATE BY JJ NAGAR PS REP. BY STATE PUBLIC PROSECUTOR OFFICE AT, HIGH COURT COMPLEX, OPP. TO VIDHANA SOUDHA BENGALURU-560001. 2. RUKSAR W/O MOHAMMED FAYAZ AGED ABOUT 25 YEARS, R/AT, NO. 22/02, 11TH CROSS OLD GUNDDADAHALLI, PADARAYANAPURA BENGALURU CITY KARNATAKA-560026. ...RESPONDENTS (BY SRI. M.N. ANOOP KUMAR, HCGP FOR R1) THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CHARGE SHEET DATED 16.07.2024 REGISTERED AS.C.C.NO.25188/2024 ARISING OUT OF CRIME NO.152/2023 JJ NAGAR P.S., BENGALURU FOR THE ALLEGED OFFENCE P/US/ 506,498-A,323 OF IPC AT ANNEXURE C NOW PENDING BEFORE THE HONBLE 46th ACJM AT BENGALURU WHEREIN THE PETITIONER ARE ARRAYED AS ACCUSED NO.1 TO 4 AND ETC. B. QUASH THE PROCEEDINGS IN C.C.NO.25188/2024 ARISING OUT OF CRIME NO.152/2023 JJ - 4 - NC: 2025:KHC:13012 CRL.P No. 14082 of 2024 C/W CRL.P No. 14098 of 2024 NAGAR POLICE STATION, BENGALURU FOR THE ALLEGED OFFENCE P/US/ 506,498-A,323 OF IPC AT ANNEXURE D NOW PENDING BEFORE THE HONBLE 46tH ACJM AT BENGALURU WHEREIN THE PETITIONER ARE ARRAYED AS ACCUSED NO.1 TO 4. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Learned High Court Government Pleader accepts notice for respondent No.1-State in both the petitions. Sri. Chand Pasha Saddam, learned counsel files vakalath on behalf of respondent No.2 in Crl.P.No.14098/2024 and Smt Jyothi Sharma K, learned counsel files vakalath on behalf of respondent No.2 in Crl.P.No.14082/2024 and the same are taken on record. IN CRL.P.NO.14098/2024: The petitioners accused who have been charge sheeted for the offences punishable under Section 506, 498A, 323 of IPC are before this Court seeking relief. 2. The prosecution alleges that accused No.1 is the husband, accused No.2 is the father-in-law, accused No.3 is mother-in-law and accused No.4 is the sister-in-law of respondent No.2-defacto complainant and they subject her to cruelty, both mentally and physically and threatened her with dire consequences and also assaulted her. - 5 - NC: 2025:KHC:13012 CRL.P No. 14082 of 2024 C/W CRL.P No. 14098 of 2024 IN CRL.P.NO.14082/2024: 3. The petitioners accused who are facing investigation for the offences punishable under Section 118(1), 126(2), and 3(5) of the BNS Act, 2023 are before this Court seeking relief. 4. The 2nd respondent lodged the FIR stating that petitioners who are the parents-in-laws, wife and brother-in- law, they abused him and attempted to kill him by strangulating his neck. 5. The parties in these petitions are present before this Court and have annexed the copy of compromise affidavit stating that they have amicably resolved the dispute among themselves and the dispute between the parties arise out of marital conflict between the accused No.1-husband and respondent No.2-wife in Crl.P.No.14082/2024. 6. In both the cases, parties have agreed to withdraw all the allegations made against each others and have no objection for quashing the impugned FIR and impugned proceedings pending against them. 7. Though the offences alleged against the petitioners- accused herein are cognizable and non-compoundable, however, having regard to the fact that the parties have amicably resolved the dispute among themselves, it would be a futile exercise, if the petitioners are subjected to trial/ investigation, since the probability of their conviction is remote and bleak in Crl.P.No.14098/2024, and since the police filing the charge sheet is unlikely in Crl.P.No.14082/2024, in view of - 6 - NC: 2025:KHC:13012 CRL.P No. 14082 of 2024 C/W CRL.P No. 14098 of 2024 the settlement. Therefore, the continuation of the investigation/criminal proceedings will be an abuse of the process of law. Accordingly, I pass the following: ORDER i. The Criminal Petitions are allowed; ii. The impugned proceedings in C.C.No.25188/2024 pending on the file of the 46th Additional Chief Judicial Magistrate, Bengaluru, insofar it relates to the petitioners-accused herein stands quashed in Crl.P.No.14098/2024. iii. The impugned FIR in Crime No.193/2024 registered by the Chamarajapete Police Station, Bengaluru, insofar it relates to the petitioners-accused herein are hereby quashed in Crl.P.No.14082/2024 Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR List No.: 1 Sl No.: 102