- 1 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 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.8963 OF 2025 BETWEEN: 1. SRI. FAIROZ AHMED SHARIFF S/O ISMAYAL SHARIFF, AGED ABOUT 33 YEARS, R/AT NO.1778, C BLOCK, 23RD CROSS, 4TH MAIN, SAHAKAR NAGAR, BENGALURU-560 032. 2. SRI. ISMAYAL SHARIFF, S/O LATE AMEENUDDIN, AGED ABOUT 72 YEARS, R/AT NO.1778, C BLOCK, 23RD CROSS 4TH MAIN, SAHAKAR NAGAR, BENGALURU-560 032. 3. SRI. M.S. SHAMEEN UNNISA W/O ISMAYAL SHARIFF AGED ABOUT 67 YEARS, R/AT 1778, C BLOCK, 23RD CROSS 4TH MAIN, SAHAKAR NAGAR, BENGALURU-560 032. …PETITIONERS (BY SRI. JAVEED S., ADVOCATE) Digitally signed by DEVIKA M Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 AND: 1. STATE BY KODIGEHALLI P.S., REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560 001. 2. SMT. RUBINA KOUSAR N., W/O FAIROZ AHMED SHARIFF, AGED ABOUT 31 YEARS, R/AT 4/14/155/3, NEAR LIC OFFICE, TEACHERS COLONY, GANGAVATI, KOPPAL-583 227. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND FINAL REPORT/CHARGE SHEET REGISTERED BY TEH RESPONDENT POLICE IN CC.NO.2553/2022 IN CRIME NO.180/2021 FOR THE OFFICES PUNISHABLE UNDER SECTIONS 498(a), 323, 504, 506, 34 OF IPC. THIS PETITION COMING ON FOR ORDERS THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER 1. This petition is filed by husband and in-laws of 2nd respondent/complainant questioning the proceedings - 3 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 pending in C.C.No.2553/2022 for the offence punishable under Section 498A, 323, 504, 506 r/w Section 34 of Indian Penal Code. 2. Despite the fact that the dispute between the parties stood amicably resolved in O.S.No.393/2024, wherein the terms of settlement were recorded before the Bangalore Mediation Center, and despite the 2nd respondent having categorically undertaken to extend co-operation for quashing of the criminal case, it is now represented that she is unwilling to honour the said commitment. Nevertheless, the settlement entered into between the parties is placed on record for the perusal of this Court. 3. When a query was posed to the learned Additional State Public Prosecutor, she too fairly conceded that there exists a settlement duly recorded in O.S.No.393/2024. However, she expressed that the offence under Section 498-A of IPC is technically non- compoundable. This Court is mindful of the statutory - 4 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 embargo on compounding, but equally conscious of the extraordinary jurisdiction vested under Section 482 of the Cr.P.C., enabling it to prevent abuse of process and secure the ends of justice. 4. Having carefully examined the material on record, this Court considers it appropriate to extract paragraph Nos.II(1) to (8) of the settlement in O.S.No.393/2024, which reads thus: “II-1. Both the parties admit the relationship of wife and husband and their marriage was solemnized on 13.03.2020 at Masjid-O- Madarasa-E-Qasim, Varadaraja Nagara, Bengaluru 560 097 as per Muslim rites and customs and the marriage certificate issued by the said masjid at Sl.No.251/1999-2000. 2. The parties state that they have no children born to them from the said marriage. 3. Both the parties admit that due to differences, they have been residing - 5 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 separately from 27.07.2020. There is absolutely no chance of reunion amongst them. Hence, the parties have decided to get the marriage between them dissolved by a decree of divorce. 4. Both the parties state that they are capable of maintaining themselves, they have no claims of permanent alimony/maintenance against each other either for the past, present and future. 5. Both the parties state that apart from the above, they have no claims of whatever nature against each other with regard to maintenance/permanent alimony either for the past, present or future and also have no claims in respect of movable/immovable properties belonging to each other. 6. Both the parties state that they have already exchanged their respective valuables and other articles. 7. In view of the settlement the plaintiff has agreed to assist in closing/quashing - 6 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 C.C.No.2553/2022 filed against the defendant and his parents under section 498A, 323, 504, 506 and 34 of IPC Crime No.180/2021 which is pending before 7th ACJM, Bengaluru. The plaintiff has also agreed to withdraw Crl.Misc.No.425/2021 which is pending before Principal Civil Judge and JMFC at Gangavathi filed for maintenance. 8. Both the parties herein voluntarily and out of their free will hereby mutually agree and consent to each other for getting the marriage between them dissolved by a decree of divorce.” Emphasis supplied by me 5. This Court also deems it necessary to refer to paragraph No.III of the said settlement, which reads as follows: " In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased dissolve the marriage solemnized on 13.03.2020 at - 7 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 Masjid-O-Madarasa-E-Qasim, Varadaraja Nagara, Bengaluru 560 097 as per Muslim rites and customs and the marriage certificate issued by the said masjid at Sl.No.251/1999-2000 by a decree of divorce in view of this settlement/agreement.” 6. A conjoint reading of the above clauses makes it evident that the marriage between the petitioner and the 2nd respondent has been dissolved by mutual consent; both parties have voluntarily settled all disputes and claims, including exchange of valuables and waiver of past, present, and future claims. Significantly, paragraph No.7 specifically records the agreement of the 2nd respondent to co-operate for quashing of the proceedings pending in C.C.No.2553/2022 arising out of Crime No.180/2021. The tenor of the settlement, when read with paragraph No.III, leaves no room for doubt that the parties intended to put a quietus to every dispute emanating from their marital discord. - 8 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 7. In the backdrop of such an unequivocal settlement and dissolution of marriage, the insistence on issuing notice to respondent No.2, who has herself voluntarily undertaken to facilitate quashing, would serve no useful purpose and may, in fact, result in frustrating the very object of the compromise. Continuation of the prosecution in C.C.No.2553/2022 despite a binding settlement would amount to permitting an abuse of the process of law and would expose the petitioner to an avoidable ordeal of criminal trial, contrary to the spirit of amicable resolution endorsed by the Bangalore Mediation Center. The Supreme Court has consistently held that where matrimonial disputes are settled and the parties have chosen to part ways on mutually acceptable terms, the High Court, in exercise of its inherent powers, may quash criminal proceedings to secure the ends of justice, even where some offences are technically non- compoundable. - 9 - HC-KAR NC: 2025:KHC:37067 CRL.P No. 8963 of 2025 8. For the foregoing reasons, this Court finds it a fit case to exercise the inherent powers under Section 482 of the Cr.P.C. to give effect to the settlement and prevent unnecessary harassment to the petitioner. Accordingly, the following: ORDER i) The Criminal Petition is allowed. ii) Consequently, the proceedings in C.C.No.2553/2022 on the file of the VII Additional Chief Metropolitan Magistrate, Bengaluru, instituted for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of IPC, are hereby quashed. SD/- (SACHIN SHANKAR MAGADUM) JUDGE RHS List No.: 1 Sl No.: 38