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2025 DAILYLAW 55564 (KAR)

MOHAMMED KHALID v. THE STATE OF KARNATAKA

CRL.P/12837/2025 · 2025-09-16

Sachin Shankar Magadum

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC:36821 CRL.P No. 12837 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12837 OF 2025 BETWEEN: 1. MOHAMMED KHALID S/O LATE MANSOOR AHEMMED AGED ABOUT 38 YEARS R/AT ALL JUBEL ESTREN PROVITION DHAMAN CHIKKAMAGALURU 577101 PERMANENT 02ND CROSS, SHANKARAPURA CHIKKAMAGALURU DIST.- 577101. …PETITIONER (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY CHIKKAMAGALURU WOMAN POLICE STATION CHIKKAMAGALURU DIST.- 577101 REPRESENTED BY STATE PUBLIC PROSECUTOR Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36821 CRL.P No. 12837 of 2025 HIGH COURT BUILDINGS BANGALORE 560001. 2. ARSHIYA W/O MOHAMMED KHALID AGED ABOUT 23 YEARS R/O SARVODAYA SCHOOL ROAD TIPPUNAGARA CHIKKAMAGALURU 577101. …RESPONDENTS (BY SRI. RAHUL RAI.L, HCGP FOR R1, SRI. A.MADHUSUDHAN, ADV. FOR R2) CRL.P IS FILED U/S 482 CR.P.C TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.732/2024 ARISING OUT OF CR.NO.139/2023 REGISTERED BY CHIKKAMAGALURU WOMAN P.S., PENDING BEFORE II ADDL. SENIOR CIVIL JUDGE, AT CHIKKAMAGALURU, FOR THE OFFENCES P/U/S 498(a),323 R/W 34 OF IPC, AS PER ANNEXURE-D. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36821 CRL.P No. 12837 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the petitioner–husband seeking quashing of the criminal proceedings instituted at the instance of respondent No.2/complainant. 2. Today, a memorandum of settlement has been filed under Section 320 read with Section 482 of the Code of Criminal Procedure. Respondent No.2 is present before this Court and has affirmed the terms of the settlement. 3. On being queried, respondent No.2 has stated that she has amicably resolved all disputes with the petitioner– husband. She further submitted that both parties have mutually decided to part ways and have initiated proceedings for dissolution of marriage in O.S.No.18/2025 on the file of the competent matrimonial Court. - 4 - HC-KAR NC: 2025:KHC:36821 CRL.P No. 12837 of 2025 4. The petitioner–husband, who is also present, has acknowledged the settlement in the pending matrimonial proceedings and has undertaken to give his consent on the next date of hearing so as to facilitate dissolution of the marriage in accordance with law. 5. In light of the amicable settlement and in view of the fact that respondent No.2 has consented to the quashing of the criminal case, this Court finds that no fruitful purpose would be served by continuing the prosecution in C.C.No.732/2024. Though the offence under Section 498-A IPC is, by its nature, non-compoundable, the Supreme Court has consistently held that, in exercise of inherent powers under Section 482 Cr.P.C., proceedings arising out of matrimonial discord may be quashed when the parties have voluntarily resolved their differences and chosen to separate. To meet the ends of justice and to prevent abuse of the process of law, this Court deems it appropriate to put an end to the prosecution. - 5 - HC-KAR NC: 2025:KHC:36821 CRL.P No. 12837 of 2025 6. Accordingly, the petition is allowed. The proceedings in C.C.No.732/2024, pending on the file of the II Additional Senior Civil Judge, Chikkamagaluru, for the offences punishable under Sections 498-A and 323 read with Section 34 of IPC, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SSB