- 1 - HC-KAR NC: 2025:KHC:53209 WP No. 32264 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 32264 OF 2025 (GM-RES) BETWEEN: MOHAMMAD RAFIQ K A S/O K S IBRAHIM NAINADU, AGED ABOUT 38 YEARS, R/AT NAINADU HOUSE, PILAAATHABETTU VILLAGE AND POST, BEETIGE, CHARMADI, BANTWALA TALUK, DAKSHINA KANNADA-574 211. …PETITIONER (BY SMT. YUKTHA N., ADVOCATE) AND: 1. STATE OF KARNATAKA BY BANTWALA TOWN POLICE STATION, MANGALURU CITY, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BENGALURU-560 001. 2. SAJIDA S/O ABU BAKKAR, AGED ABOUT 34 YEARS, R/AT NO. MUDDA KAIKAMBA, B MOODA GRAMA, BANTWALA , DAKSHINA KANNADA-574 211. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:53209 WP No. 32264 of 2025 (BY SRI. ANOOP KUMAR M.V., HCGP FOR R1; SRI. RAMAKRISHNA, ADVOCATE FOR R2) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF BHARATIYA NAGARIK SURAKSHA SANHITA, 2023, PRAYING TO QUASH THE FIR AND COMPLAINT DATED 16.07.2025 IN CRIME NO.78/2025 AGAINST THE PETITIONER HEREIN FOR THE OFFENCES U/S. 69, 351(2) OF THE BNS, 2023 BY THE BANTWALA TOWN POLICE STATION PENDING ON THE FILE OF THE LD. ADDL. CIVIL JUDGE (JR.DN.) AND JMFC, BANTWALA, DAKSHINA KANNADA DISTRICT, ARRAIGNING THE PETITIONER HEREIN AS SOLE ACCUSED FOUND AT ANNEXURE-A AND B. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER This petition is filed under Article 226 and 227 of Constitution of India r/w Section 528 of BNSS, 2023, seeking to quash the FIR and complaint in Crime No.78/2025 of Bantwala Town Police Station, Dakshina Kannada, registered for the offence punishable under Section 69, 351(2) of the BNS, 2023. 2. The case was registered on a complaint lodged by respondent No.2, wherein she has alleged that with a - 3 - HC-KAR NC: 2025:KHC:53209 WP No. 32264 of 2025 false promise of marriage, the accused developed physical relationship with her and later refused to marry etc. 3. The petitioner and respondent No.2 are present before the Court. They are identified by their learned counsel. A memorandum of compromise petition is filed signed by the petitioner and respondent No.2 as well as the learned counsel appearing for them. 4. The contents of compromise petition are extracted hereunder: para 1 to 7. “1. It is submitted that the present writ petition is filed by the Petitioners challenging the FIR and Complaint in Crime No.78/2025 against the Petitioner herein for the offences u/s. 69, 351(2) of the BNS, 2023 by the Bantwala Town Police Station pending on the file of the Ld. Addl. Civil Judge (Jr.Dn.) and JMFC, Bantwala, Dakshina Kannada District, arraigning the Petitioner herein as sole accused. 2. The Petitioner and Respondent No.2, being relatives, had certain misunderstandings which led to the lodging of the Complaint and the - 4 - HC-KAR NC: 2025:KHC:53209 WP No. 32264 of 2025 subsequent registration of FIR in Crime No. 78/2025 by the Bantwala Town Police Station. Thereafter, with the intervention and considered advice of elders and well-wishers of both families, the parties have amicably resolved all their differences and have mutually agreed to settle the matter in its entirety. 3. Accordingly, the Respondent No.2 submits that she has no objection to the quashing of FIR and Complaint in Crime No. 78/2025 registered for offences under Sections 69 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, pending before the Ld. Addl. Civil Judge (Jr.Dn.) & JMFC, Bantwala. 4. It is submitted that in terms of the settlement arrived between the parties, the respondent No.2 has agreed to withdraw the proceedings pending in Crime No. 78/2025 against the Petitioner herein for the offences u/s. 69, 351(2) of the BNS, 2023 by the Bantwala Town Police Station pending on the file of the Ld. Addl. Civil Judge (Jr.Dn.) and JMFC, Bantwala, Dakshin Kannada District, arraigning the Petitioner herein as sole accused. As such the Respondent No.2 has no objection to allow the present petition and quash the proceedings in Crime No. 78/2025 against the Petitioner herein for the offences s. 69, 351(2) of the BNS, 2023 by the Bantwala Town Police Station pending on the file of the Ld. Addl. Civil - 5 - HC-KAR NC: 2025:KHC:53209 WP No. 32264 of 2025 Judge (Jr.Dn.) and JMFC, Bantwala, Dakshina Kannada District, arraigning the Petitioner herein as sole accused. 5. The Petitioners and Respondent No.2 agree not to initiate any further legal proceedings, whether civil or criminal, against each other before any Court or Authority for the same cause of action. Additionally, neither party will make any future claims for maintenance or seek arrears from the other. 6. Both the parties hereby declare that they shall have no claim of any nature whatsoever against each either present, past or future. 7. Both the Parties herein further state that there has been no collusion or force, fraud or any undue influence in entering into the settlement or agreement in the aforesaid manner. The parties agree that the present compromise petition is a reflection of their understanding and the terms of the same are finalized after due deliberations, amicably and upon mutual consent. Hence, the terms of the present petition are binding on the parties and shall not be challenged by them.” 5. Respondent No.2, present before the Court submits that the matter has been settled and there has been no force or undue influence in entering into the - 6 - HC-KAR NC: 2025:KHC:53209 WP No. 32264 of 2025 settlement and in view of amicable settlement upon mutual consent, all the differences are resolved and she has no objection to quash the proceedings. 6. Admittedly, respondent No.2 is a major. It is submitted that the parties have amicably resolved all their differences and mutually agreed to settle the matter in its entirety. Respondent No. 2 has submitted that in view of the settlement, she is not interested in pursuing the matter and she has no objection to quash the proceedings. 7. In the above facts and circumstances, no purpose will be served in allowing the criminal prosecution to continue against the petitioner. In the interest of justice and to bring a quietus to the dispute, it is just and proper to quash the proceedings, exercising the inherent jurisdiction vested in this Court. Accordingly, the following: ORDER Petition is allowed. - 7 - HC-KAR NC: 2025:KHC:53209 WP No. 32264 of 2025 Entire proceedings/investigation arising out of Crime No.78/2025 of Bantwala Town Police Station, Dakshina Kannada and proceedings pending on the file of the Court of Additional Civil Judge (Jr.Dn) and JMFC, Bantwala are quashed. I.A.No.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 4 Sl No.: 1