- 1 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 14TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 9126 OF 2025 BETWEEN: 1. PERVEZ S S/O SHABBIR ALAM, AGED ABOUT 35 YEARS, R/O FLAT NO.2, 17A, SARWARI GLITZ, 10TH CROSS, KARAM CHANDH LAYOUT, LINGARAJU PURAM, BENGALURU CITY - 560084 2. SHBBIR ALAM @ SHABBIR, S/O LATE NAJEER ALAM, AGED ABOUT 73 YEARS, R/O NEAR IBRAHEEM MASJID, ARIF NAGAR, TIRUPATTURU TOWN, THIRPUR, TAMILNADU - 635602. 3. SURAIYYA BHEGUM W/O SHABBIR ALAM, AGED ABOUT 58 YEARS, R/O ARIF NAGAR TIRUPATTURU TALUK, VELLORE, TAMILNADU - 635602 4. SUMAIYYA W/O NAYEEM PASHA, AGED ABOUT 31 YEARS, R/O NEAR IBRAHEEM MASJID, ARIF NAGAR, TIRUPATTURU TOWN, VELLORE, TAMILNADU - 635602 5. SABHIA KOWSAR W/O FAIOROZ BASHA, AGED ABOUT 29 YEARS R/O ARIF NAGAR TIRUPATTURU TOWN Digitally signed by MARKONAHALLI RAMU PRIYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 VELLORE, TAMILNADU - 635602 6. TABREZ ALAM S S/O SHABBIR ALAM, AGED ABOUT 39 YEARS, R/O NEAR IBRAHEEM MASJID, ARIF NAGAR, TIPURUPATTURU TOWN, VELLORE, TAMILNADU - 635602. …PETITIONERS (BY SRI. GIRISH KUMAR B.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR, ARASIKERE TOWN POLICE STATION, HASSAN DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE - 560001. 2. ROSHAN HUDA W/O PERVEZ S, AGED ABOUT 29 YEARS, R/O NO.3900, OLD MAIN ROAD, ARASIKERE TOWN, HASSAN - 573102 …RESPONDENTS (BY SRI. NAGESHWARAPPA K., HIGH COURT GOVERNMENT PLEADER FOR RESPONDENT NO.1; SRI. KARTHIK C., ADVOCATE FOR RESPONDENT NO.2) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C (FILED U/S.528 BNSS) PRAYING TO QUASH THE CHARGE SHEET AS PER ANNEXURE - A, FILED AGAINST THE PETITIONERS IN CRIME NO.149/2022 REGISTERED AS S.C.NO.208/2023 REGISTERED BY THE ARASIKERE TOWN POLICE STATION, HASSAN DISTRICT, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 307, 504, 506 OF IPC AND SECTION 3, 4 OF DOWRY PROHIBITION ACT AND ALL FURTHER PROCEEDINGS PENDING ON THE FILE OF THE II ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN VIDE ANNEXURE D. - 3 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 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, the petitioners seek the following reliefs:- a) Quash the Charge Sheet as per Annexure - A filed against petitioners in Crime No.149/2022 registered as S.C.No.208/2023 registered by the Arasikere Town Police Station, Hassan District, for the offences punishable under Sections 498A, 323, 307, 504, 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act and all further proceedings pending on the file of II Addl. District and Sessions Judge at Hassan vide Annexure-D, in the interest of justice and equity. b) Grant such other relief's as this Hon'ble Court deems 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 5 and 8 and learned counsel for respondent No.2 – complainant have filed an application (I.A.No.1/2025) under Section 320(2) read with Section 482 of Cr.P.C. along with Joint Memo duly signed by - 4 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 the petitioners, respondent No.2 and their respective counsel and the same are taken on record. 3. The application (I.A.No.1/2025) filed under Section 320(2) read with Section 482 of Cr.P.C. reads as follows: "APPLICATION UNDER SECTION 320 (2) READ WITH SECTION 482 OF CR.P.C. The petitioners/accused persons and the respondent no.2/complainant submit as follows:- 1. This application is filed seeking permission to compound the offences punishable U/s. 498A, 323, 307, 504, 506 of IPC and S. 3, 4 of the Dowry Prohibition Act, in S.C:208/2023 same is pending on the file of II Addl. District and Sessions Judge at Hassan in Crime No.149/2022 registered by the Arasikere Town Police. 2. It is submitted that with the intervention of the elders and well-wishers of both sides, parties have reconciled all the differences between them and compromised the disputes in order to bring peace between them. Accordingly the 1st Petitioner and the 2nd respondent have compromised their dispute in O.S No: 6/2024 on the file of Prl. Family Court at Hassan as per the mediation report dated 18-04-2024 and and accordingly their marriage was dissolved by virtue of decree dated 27-04-2024. - 5 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 3. Further in the said mediation report the 2nd respondent has agreed for quashing of the Crime and proceedings registered against the Petitioners. The Petitioners have filed the above criminal petition seeking for quashing the Chargesheet, Complaint & entire proceedings in S.C:208/2023 by Arasikere Town Police on the file of II Addl. District and Session Judge at Hassan. 4. In view of the settlement arrived at by the parties, the 2nd respondent/complainant do not wish to continue the criminal proceedings initiated by her and she has no objection for quashing the proceedings against all the petitioners. This application is filed seeking permission to compound the above said offences and thereby quashing of the proceedings against the Petitioners. 5. The petitioners and the complainant / respondent no.2 have understood the contents of this application and out of their free will, volition and without any fear, force, threat, or coercion, have affixed their signatures to this application. WHEREFORE it is prayed that this Hon'ble Court be pleased to allow the application and to permit the petitioners/accused persons and the complainant/respondent no.2 to compound the above alleged offences punishable under U/s. 498A, 323, 307, 504, 506 of IPC and 3, 4 of the Dowry Prohibition Act, same is pending on the file of II Addl. District and Sessions Judge at Hassan and thereby quash the proceedings in - 6 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 S.C:208/2023 pending against the Petitioners, in the ends of justice." 4. Petitioners – accused Nos.1 to 5 and 8 and their counsel and respondent No.2-complainant and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Joint Memo, which reads as under:- "JOINT MEMO FILED BY THE PETITIONERS AND THE RESPONDENT NO. 2 1. It is submitted that on the complaint of the respondent no.2, 1st respondent police have registered a case in Cr.No. 149/2022 on 22-09-2022 after that chargesheet is filed for the offences punishable U/s. 498A, 323, 307, 504, 506 of IPC and 3, 4 of the Dowry Prohibition Act, same is pending on the file of II Addl. District and Sessions Judge at Hassan in S.C:208/2023. 2. It is submitted that with the intervention of the elders and well-wishers of both sides, parties have reconciled all the differences between them and compromised the disputes in order to bring peace between them. Accordingly, the 1st Petitioner and the 2nd respondent have compromised their dispute in O.S No: 6/2024 on the file of Prl. Family Court at Hassan as per the mediation report dated 13.11.2024 and accordingly their marriage was dissolved by virtue of Judgment dated 27-04-2024. - 7 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 3. Further in the mediation report the second respondent has agreed to withdraw/quashing of the said Criminal Case. Under these circumstances the petitioners moved this criminal petition for quashing the Chargesheet & entire proceedings in S.C No.208/2023 by Arasikere Town Police on the file of II Addl. District and Session Judge at Hassan. 4. In view of the settlement arrived at, the complainant/respondent no.2 has no wish to continue the criminal proceedings initiated by her and she has given up all the allegations and charges against the petitioners. The complainant/respondent no.2 has no objection for quashing the criminal proceedings pending against the petitioners. 5. The petitioners and the complainant/respondent no.2 have understood the contents of the joint memo and out of their free will, violation and without any fear, force, threat or coercion, have affixed their signature to this joint memo. WHEREFORE, it is prayed that this Hon'ble Court be pleased to quash the Chargesheet, in S.C.No. 208/2023 for the offences punishable under sections U/s. 498A, 323, 307, 504, 506 of IPC and 3, 4 of the Dowry Prohibition Act registered by Arasikere Town Police, on the file of II Addl. District And Session Judge at Hassan and the entire proceedings vide Annexure-A & D, in the ends of justice." 5. The application (I.A.No.1/2025) and the Joint Memo are accepted and the same are placed on record. The application - 8 - HC-KAR NC: 2025:KHC:26017 CRL.P No. 9126 of 2025 (I.A.No.1/2025) is allowed. The parties are permitted to compound the case as per the Joint Memo. 6. In view of the aforesaid settlement entered into between the petitioners and respondent No.2, I pass the following: ORDER (i) The petition is disposed of in terms of Joint Memo dated 14.07.2025. (ii) The Charge-sheet as per Annexure - A filed against the petitioners in Crime No.149/2022 registered as S.C.No.208/2023 by Arasikere Town Police Station, Hassan District, for the offences punishable under Sections 498A, 323, 307, 504, 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act and all further proceedings pending on the file of the II Additional District and Sessions Judge at Hassan, insofar as the petitioners are concerned, are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE PMR List No.: 3 Sl No.: 20