- 1 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 11052 OF 2024 BETWEEN: MR. ARIF AHMED S/O MAHABOOB BASHA D., AGED ABOUT 40 YEARS, HAVING PERMANENT ADDRESS NO.07, 1ST CROSS, SILVER OAK STREET VINAYAKA NAGARA, J P NAGAR 5TH PHASE, BANGALORE - 560 078 PRESENTLY AT NO.755 E CAPITOL AVE APT B 205, MILPITAS, CA – 95035, USA …PETITIONER (BY SRI. F. MIR. PARVEEZ AHAMED, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION, BANGALORE CITY. REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. 2. SMT. HUSNARA KAMAL SHAIK W/O ARIF AHMED, AGED ABOUT 32 YEARS R/AT NO.127, 1ST FLOOR, 5TH CROSS, 1ST MAIN, ILYAS NAGAR, J P NAGAR POST BANGALORE - 560 078 …RESPONDENTS (BY SRI. ANOOP KUMAR M.V., HCGP FOR SRI. AYANTIKA MONDAL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 REGISTERED IN CC NO.29448/2021 OF BASAVANAGUDI WOMEN POLICE STATION UNDER SECTION OF 498A AND 506 OF IPC ALONG WITH SECTIONS 3 AND 4 OF THE DOWRY PROHIBITION ACT AGAINST THE PETITIONER PENDING BEFORE XXXVII ACJM, BANGALORE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Proceeding in C.C.No.29448/2021 pending before the XXXVII ACJM, Bengaluru is under challenge in this petition. 2. Based on a private complaint filed by the second respondent in PCR.No.3668/2021, and consequent to the direction issued by the learned Magistrate, referring the matter for investigation, case was registered against the petitioner and 3 others in Crime No.70/2021 of Basavanagudi Women Police Station, Bengaluru City for the offence Punishable under Section 506 and 498A of IPC and Section 3 and 4 of the Dowry Prohibition Act, 1961. Charge sheet came to be filed only against the petitioner. - 3 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 3. An application is filed, under Section 320 read with 482 of C.P.C. seeking to permit the parties to compound the case, wherein, it is stated that both parties have resolved all disputes in O.S.No.515/2025, pending before the learned VI Additional Principal Family Judge, Bengaluru and executed memorandum of settlement before the Mediation Centre. 4. Petitioner is represented by his father, General Power of Attorney Holder. Copy of the GPA is enclosed along with the application. 5. Respondent No.2 is present before the Court and identified by her counsel. She has filed an affidavit, wherein, she has sought permission to compound the offence and expressed for closure of the proceedings now pending before the trial Court, in view of the amicable settlement. Paragraph Nos.1 to 11 of the affidavit are extracted here under:- I, Husnara Kamal Shaik, W/o Arif Ahmed, aged about 33 years, residing at No. 27, 1st Floor, 5th Cross, - 4 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 1st Main, Ilyas Nagar, J.P. Nagar, Bangalore- 560078, do hereby solemnly affirm and state as under: 1. That I am the Respondent No.2 in the said criminal petition and are conversant with the facts of the case and thereby competent to swear this affidavit. 2. I state that the Petitioner is my husband/Accused in the case and I am the de facto complainant. 3. I state that my marriage with the Petitioner was solemnized on 13.12.2014 at Suryodaya Convention Hall, B-39/2, Bannerghatta Road, Behind Sagar Automobiles, Near Dairy Circle, Bengaluru 560029, in accordance with Muslim rites, customs and traditions, in the presence of their family members, relatives and well-wishers and the marriage was duly registered on 17.01.2015 before the Wakf Officer, District Wakf Office, Karnataka State Board of Wakfs, Bengaluru 560002, vide Marriage Certificate No. DWAC/06/MC/BNU/2014-2015. 4. I state that I filed a private complaint bearing PCR No 3668/2021 before the learned XXXVII ACJM, Bengaluru against the Petitioner, on the same as per the order the Respondent No. 1 the Basavanagudi Women's PS Bengaluru has registered an FIR bearing No 70/2021. I further state that the Respondent No.1 police acting upon the FIR has filed a chargesheet before the learned XXXVII ACJM, Bengaluru against the Petitioner for the offences punishable under Sections 498(A) and 506 of - 5 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 the Indian Penal Code, 1860 and Sections 3 and 4 of D.P Act, 1961 and the same is registered as C.C. No. 29448/2021. 5. I state that I have filed a suit bearing O.S. No. 515/2025 before the Learned VI Addl. Principal Family Judge, Bengaluru seeking for dissolution of my marriage with the Petitioner under Sections 2(ii), 2(iv) and 2(viii)(a) of the Dissolution of Muslim Marriages Act, 1939 read with Order VII Rules 1 and 2 of the Code of Civil Procedure, 1908. 6. I state that upon the matter being referred to the Bangalore, Karnataka Mediation Centre, we have settled our marital disputes amicably. 7. I state that, upon the intervention of the mediator and well-wishers, I have reached an amicable settlement with the petitioner with regard to our marital disputes. 8. I state that the petitioner and I have mutually agreed to dissolve our marriage. I further state that the petitioner has agreed to return my jewelry and to pay me Rs. 68,00,000/- (Rupees Sixty-Eight Lakhs only). 9. I further state that I have agreed to the closure/withdrawal of the proceedings in C.C. No. 29448/2021 pending before the Learned XXXVII ACJM, Bengaluru, as I have settled my disputes with the Petitioner. - 6 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 10. I further state that there is no objection for allowing the accompanying application as the disputes have been amicably settled as explicitly mentioned above 11. I state that the said criminal proceedings arose due to a marital dispute between me and the Petitioner and is not a heinous offence against the State and I further state that the same may be compounded. 6. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), has held that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing the ends of justice, - 7 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR. 7. Matter arises out of matrimonial dispute and respondent No.2 has expressed her desire to close the proceedings initiated by her in terms of the settlement. In view of the settlement between the parties, no purpose will be served by continuing the criminal proceedings against the petitioner. Hence, it is expedient to quash the proceedings, in the interest of justice. Accordingly, the following:- ORDER i) Application is allowed, consequently, petition is allowed. ii) Entire proceedings in C.C.No.29448/2021 pending on the file of XXXVII ACJM, Bengaluru are quashed. iii) In view of the quashing of proceedings against the petitioner, if there is any lookout notice issued in this - 8 - HC-KAR NC: 2025:KHC:50336 CRL.P No. 11052 of 2024 case, the same shall be withdrawn by the concerned police. I.A.No.1/2024 and I.A.No.1/2025 are disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 101