- 1 - HC-KAR NC: 2025:KHC-D:14952 CRL.P No. 103835 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO.103835 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. VASEEM @ WASEEM S/O. ABDUL KHADAR MULLA, AGED ABOUT MAJOR, OCC. SALES MANAGER. 2. CHANDABI W/O. ABDUL KHADAR MULLA, AGED ABOUT 75 YEARS, OCC. HOUSEHOLD WORK, (BOTH ARE R/O A-302, JEJRO APARTMENT PREMIER ROAD BANK OF BARODA, KURLA WEST MUMBAI MAHARASHTRA-400070. 3. SMT FATIMA W/O. HASHAM MULLA, AGED ABOUT 70 YEARS, OCC. HOUSEHOLD WORK, 4. HASHMA S/O. BASHA MULLA, AGED ABOUT 74 YEARS, OCC. PRIVATE WORK, 5. ISTIYAK S/O. HASHAM MULLA, AGED ABOUT 50 YEARS, OCC. PRIVATE WORK, (ALL ARE R/O NO.901 RAHEJA, RESIDENT BUILDING, “A” GIN AKV MARG DINDOSHI MALAD (EAST) 4000097 MUMBAI MAHARASTRA. …PETITIONERS (BY SRI. SANTOSH B.MANE, ADVOCATE) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:14952 CRL.P No. 103835 of 2025 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATION OFFICER WOMAN P.S HUBBALLI-DHARWAD BY THE SPP HIGH COURT OF KARNATAKA BENCH AT DHARWAD. 2. MAQUBUL AHAMMAD S/O ADBUL RAJAQ, AGED ABOUT 68 YEARS, OCC. NOT KNOWN, R/O. BEHIND MODERN HALL, LAXMI NAGAR 8TH CROSS, OLD P.B. ROAD, VIDYAGIRI, DHARWAD-580004. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. N.D. GUNDE, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE CRIMINAL PROCEEDINGS PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC II COURT DHARWAD IN CC NO.328/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 323, 504, 506 R/W SECTION 149 OF IPC AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT IN WOMEN P.S. DHARWAD CR.NO.12/2020, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:14952 CRL.P No. 103835 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel Sri. Neelendra D. Gunde, filed vakalath for respondent No.2 2. Learned counsel for the petitioners filed an application under Section 320 of the Cr.P.C. read with Section 359 of BNSS, stating that the matter has been settled between the petitioners and the respondent. 3. The said application is accompanied with the affidavit of the complainant. The averments of the affidavit is as under; “7. I submit that I am 2nd respondent in the above petition which is filed seeking for the relief of quashing of the criminal proceedings initiated against the petitioners for the alleged offences punishable under Sec 498(A), 323,504,506 R/w Sec 149 of IPC and Sec 3 & 4 of the DP Act. 8. It is submitted that myself and the petitioners have amicably settled the dispute between us with the active intervention of the elders and relatives of the parties and in this regard we have already filed a joint memo in the - 4 - HC-KAR NC: 2025:KHC-D:14952 CRL.P No. 103835 of 2025 proceedings initiated against the petitioner No 1 in Crl Misc 15/2020 for Domestic violence act. The copy of the joint memo filed before the trial court is also produced along with this petition for the kind consideration of this Hon'ble Court. 9. It is submitted that both of us have agreed to withdraw all the allegations levelled against each other and I have agreed to withdraw all the complaints filed against the petitioners in different courts including the one which is subject matter of the above petition. 10. It is submitted as per the compromise I have agreed to receive permanent alimony of Rs. 9,00,000/- towards the full and final settlement. Out of which a sum of Rs. 4,50,000/-through/by way of demand draft bearing No 160355 dated 17-4-2025 has already been handed over to me before the trial court in Crl Misc No 15/2020 which has been accepted by me. 11. It is submitted that both of us have decided to separate peacefully and lead our future life without any dispute with each other and agreed to seek for the mutual consent decree for divorce/ dissolution of our marriage in OS No 21/2023 pending on the file of the Family Court Dharwad. - 5 - HC-KAR NC: 2025:KHC-D:14952 CRL.P No. 103835 of 2025 12. Therefore with the free will I have agreed and inclined to withdraw all the allegations and criminal cases filed against the petitioners as agreed before the trial court in Crl Misc 15/2020 and the present petition for compounding the offences alleged against the petitioners is accepted by me with free will and not under any pressure or coercion.” 4. Considering the averments made in the affidavit accompanying the application, there is no embargo on this Court to record the settlement. 5. Accordingly, I proceed to pass the following: ORDER. i) The petition is allowed in terms of the application filed under Section 320 of Cr.P.C. read with Section 359 of BNSS. ii) The entire proceedings in C.C.No.328/2020 pending on the file of II Additional Civil Judge and JMFC II Court, Dharwad, is hereby quashed. - 6 - HC-KAR NC: 2025:KHC-D:14952 CRL.P No. 103835 of 2025 iii) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE SMM/CT: UMD List No.: 2 Sl No.: 67