- 1 - HC-KAR NC: 2025:KHC:27716 CRL.P No. 10485 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 22ND DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 10485 OF 2025 (482(Cr.PC) / 528(BNSS) BETWEEN: SRI MOHAMED ANEES S/O AHAMED JAN, AGED ABOUT 41 YEARS, R/AT 3RD MAIN, 15TH CROSS, BEHIND AMEETH THEATRE, VINOBANAGAR, DAVANAGERE, KARNATAKA – 577 006 CURRENTLY R/AT H NO. 283, 6TH CROSS, SIDDIQ NAGARA, MYSURU CITY – 570 015 …PETITIONER (BY SRI. MOHAMMED NAWAZ SHARIFF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SHIVAMOGGA WOMEN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE – 560 001, 2. SMT. AMEENA RUMSHA FURHEEN Z W/O MOHAMED ANEES AGED ABOUT 37 YEARS, R/AT KR PURAM EXTENTION, SHIVAMOGGA CITY KARNATAKA – 577 202 …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. SYED HABIBE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S.482 (FILED U/S.528 BNSS) CR.P.C PRAYING TO QUASH THE CHARGE SHEET IN Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:27716 CRL.P No. 10485 of 2025 C.C.NO.1254/2025 FILED BY THE 1st RESPONDENT SHIVAMOGGA WOMEN POLICE STATION AT ANNEXURE-D ARISING OUT OF CR.NO.107/2024 FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 115(2), 118(1), 351(2), 352, 79, 85 OF BNS 2023 AND U/S.3,4 OF DP ACT 1961 PENDING ON THE FILE OF THE JMFC II COURT, SHIVAMOGGA AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioner seeks the following reliefs: “a) Quash the charge sheet in C.C No. 1254/2025 filed by the 1st respondent Shivamogga Women Police Station at Annexure-D arising out of Cr NO. 107/2024 for the alleged offences punishable under sections 115(2), 118(1), 351(2), 352, 79, 85 of BNS, 2023 and under section 3 & 4 of Dowry Prohibition Act, 1961 pending on the file of JMFC II Court, Shivamogga, against the Petitioner in the interest of justice and equity. b) Grant such other relief/relief's as this Hon'ble Court may deem fit in the facts and circumstances of the case in the interest of justice and equity.” 2. Learned counsel for 2nd respondent – complainant has filed an application under Section 359 of BNSS, 2023 duly filed along with Joint Compromise Affidavit duly signed by the petitioner, - 3 - HC-KAR NC: 2025:KHC:27716 CRL.P No. 10485 of 2025 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners – accused No.1, respondent No.2 and their counsel are physically present before the Court and they admit the contents of the application under Section 359 of BNSS, 2023 duly filed along with Joint Compromise Affidavit, which reads as under:- “APPLICATION UNDER SECTION 359 OF BHARTIYA NAGRIK SURAKSHA SANHITA, 2023 That for the reasons as stated in the accompanying joint Affidavit the Respondent No.2 prays that this Hon'ble court may kindly be pleased to permit her to compound the case and consequently quash the Charge sheet in C.C.NO.1254/2025filed by the 1st respondent Shivamogga Women Police Station arising out of Cr NO. 107/2024for the alleged offences punishable under sections 115(2), 118(1), 351(2), 352, 79, 85 of BNS, 2023 and under section 3 & 4 of Dowry Prohibition Act, 1961 pending on the file of JMFC II Court, Shivamogga against the Petitioneris concerned, in the interest of justice and equity. JOINT COMPROMISE AFFIDAVIT We, Ameena Rumsha Furheen Z, W/o Mohamed Anees, aged about 38 years, R/at 3rd Main, 15th Cross, Vinobanagara, Davangere, Karnataka: 577006 also R/at KR Puram Extention, Shivamogga City, Karnataka: 577202, - 4 - HC-KAR NC: 2025:KHC:27716 CRL.P No. 10485 of 2025 today at Bangalore, do hereby solemnly affirm and state on oath as follows: 1. We state that Petitioner herein along with myself i.e. Respondent NO.2 are filing this joint Affidavit as follows. 2.We state that the Petitioner approached this Hon'ble Court, questioning the validity and correctness of the acts of the Respondent No 1 Police in filing Chargesheet in C.C.NO.1254/2025 arising out of Cr NO. 107/2024 for the alleged offences punishable under sections 115(2), 118(1), 351(2), 352, 79, 85 of BNS, 2023 and under Section 3&4 of Dowry Prohibition Act, 1961 pending on the file of JMFC II Court, Shivamogga seeking quashing of the same and all further proceedings arising thereto. 3. We state that I got married to the Petitioner on 28.06.2009 and out of the said wedlock we have 3 children namely 1) Fathima Mariam aged about 14 years, 2) Muhammad Zahid aged about 11 years, 3). Hafsa Rayyan aged about 9 years. I state that due to misunderstandings I initiated the instant criminal proceedings against the Petitioner. 4.We state that the present proceedings arise because of matrimonial dispute between myself and the Petitioner. That during the pendency of the same, at the intervention of well wishers and family members of both the Petitioner and me i.e the Respondent No.2 herein and further considering the welfare of our 3 children, we have decided to amicably settle the matter and reconcile. I state that we have - 5 - HC-KAR NC: 2025:KHC:27716 CRL.P No. 10485 of 2025 mutually agreed to withdraw all allegations and lead a harmonious marital life. 5.We state that the acceptance and approval given to quash the instant proceedings in CC No. 1254/2025 arising out of Cr No. 107/2024 pending on the file of JMFC II, Shivamogga is neither under compulsion, coercion nor under undue influence but out of free will and volition and in sound state of mind of myself and the Petitioner. 6.We state that I have no objection to the case being compounded and consequently quashed as the Petitioner herein has amicably settled the matter and decided to reconcile and lead a harmonious marital life. WHEREFORE, having settled the matter the Petitioner and myself, pray that this Hon'ble Court maybe pleased to permit us to compound the instant case and consequently quash the Chargesheet and all further proceedings in C.C.NO.1254/2025 filed by the 1st respondent Shivamogga Women Police Station arising out of Cr NO. 107/2024 for the alleged offences punishable under sections 115(2), 118(1), 351(2), 352, 79, 85 of BNS, 2023 and under section 3 & 4 of Dowry Prohibition Act, 1961 pending on the file of JMFC II Court, Shivamogga in the interest of justice and equity.” 4. In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following: - 6 - HC-KAR NC: 2025:KHC:27716 CRL.P No. 10485 of 2025 ORDER (i) The petition is disposed of in terms of application under Section 359 of BNSS, 2023 duly filed along with Joint Compromise Affidavit dated 22.07.2025. (ii) The proceedings in C.C.No.1254/2025 (arising out of Crime No.107/2024 of 1st respondent – Police) registered for the offences punishable under Sections 115(2), 118(1), 351(2), 352, 79, 85 of BNS, 2023 and under Sections 3 and 4 of Dowry Prohibition Act, 1961 pending on the file of JMFC II Court, Shivamogga, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE MDS List No.: 5 Sl No.: 11