- 1 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 25TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 86 OF 2025 (482(Cr.PC) / 528(BNSS)-) BETWEEN: 1. MR MOHAMMED JUNAID PASHA @ MD JUNAID PASHA. S/O MOHAMMED AKHEEL. AGED ABOUT 37 YEARS, R/AT NO.403, 4TH FLOOR, MH4 APARTMENT, NO.39, D BLOCK, BANATH STREET, TARBAITUL BANATH URDU SCHOOL, RASHAD NAGAR, ARABIC COLLEGE POST, BENGALURU - 560 045. 2. MRS. HASINA PARVEEN @ HASEENA W/O MOHAMMED AKHEEL, AGED ABOUT 65 YEARS, R/AT DOOR NO.403, 4TH FLOOR, MS4 HEIGHTS, NO.39, D BLOCK, BANATH STREET, MADRASA E TARBIYATUL BANATH SCHOOL, RASHAD NAGAR, ARABIC COLLEGE POST, BENGALURU - 560 045. 3. MRS. SEEMA KHAN @ NOOR AYESHA W/O NASIR KHAN, AGED ABOUT 43 YEARS, R/AT NO.4543, 10TH WARD, K.E.B OFFICE, MASIDI MOHALLA, RAMANAGAR DISTRICT - 562 159. Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 4. MRS. UZMA TAJ W/O SHAMS TABREZ, AGED ABOUT 39 YEARS, R/AT NO.25/12, 5TH CROSS, BORE BANK ROAD, BENSON TOWN, BENGALURU - 560 046. 5. MR. SHAMS TABREZ S/O MOHAMMED YOUNUS BASHA, AGED ABOUT 41 YEARS, R/AT NO.25/12, 5TH CROSS, BORE BANK ROAD, BENSON TOWN, BENGALURU - 560 046. …PETITIONERS (BY SRI. NAYEEM PASHA S, ADVOCATE) AND: 1. STATE OF KARNATAKA BY CHANNAPATNA EAST POLICE STATION RAMANAGARA DISTRICT, REP. BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, BANGALORE - 560 001. 2. MRS. NOWSHEEN GHORI W/O MAHAMMAD JUNAID PASHA, AGED ABOUT 30 YEARS, R/AT NO.888, MADINA ROAD, CHANNAPATNA TOWN, RAMANAGARA DISTRICT - 562 160. …RESPONDENTS (BY SRI. K. NAGESHWRAPPA, HCGP FOR R1; SRI. MUTHURAJU A, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482(FILED U/S.528 BNSS) OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS - 3 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 AGAINST THE PETITIONER/ACCUSED NO.1, 2, 3, 4, 5 IN C.C.NO.141/2024 OF CRIME NO.141/2024 OF CRIME NO.75/2023 OF RESPONDENT POLICE/RESPONDENT NO.1 PENDING ON THE FILE OF THE HONBLE ADDL. CIVIL JUDGE AND JMFC AT CHANNAPATNA FOR THE ALLEGED OFFENCE P/US/ 498-A, 323, 504, 506, 149 OF IPC AND SEC.3, 4 OF DP ACT BY ALLOWING THIS PETITION. 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, petitioners have sought for the following reliefs:- “ Call for records in C.C.No.141/2024, pending on the file of Hon'ble Addl.Civil Judge and JMFC, at Channapatna, of Crime No.75/2023 of Respondent Police/R-1, for the alleged offences punishable under Section 498A, 323, 504, 1489 of IPC and Sec.3 & 4 of Dowry Prohibition Act..” 2. Learned counsel for the petitioners – accused Nos 1 to 5 and learned counsel for respondent No.2 complainant have filed a Compromise application under Section 320 of Cr.P.C, duly signed - 4 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 by the petitioners-accused herein, 2nd respondent and their respective counsel and the same is taken on record. 3. Petitioners– accused No.1 to 5 and their counsel and counsel for respondent No.2 are physically present before the Court and they admit the contents of the Compromise petition, which reads as under:- "COMPROMISE APPLICATION UNDER SECTION.320 OF THE CODE OF CRIMINAL PROCEDURE, 1973 READ WITH SECTION.359 OF THE BHARATIYA NAGARIK SURAKSHA SANHITA.2023 That the Petitioners and 2nd Respondent in the above case most humbly submits as under:- 1. That the Petitioners have filed the above petition seeking to quash the entire proceedings against the Petitioners, in C.C.No.141/2024, arising out of Crime No.75/2023 of Respondent No.1, for the offences punishable under Section.498A, 323, 504, 149 of IPC and Sec.3 & 4 of Dowry Prohibition Act, wherein the Petitioners are arrayed as Accused No.1 to 5, Pending adjudication before the Hon'ble Addl. Civil Judge and JMFC, at Channapatna. That the averments made in the petition may be ready as part and parcel of this Application to avoid repetition of facts. 2. The Petitioners submits that the 1st Petitioner is the Husband of 2nd Respondent and the Petitioner No.2 is the mother in law of 2nd Respondent and Petitioner No.3 & 4 - 5 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 are the sister in law of 2nd Respondent and Petitioner No.5 is the brother in law of 2nd Respondent and husband of 4th Petitioner herein, respectively. 3. The Petitioners and Respondent No.2 further submits that Ramanagara District as per Mohammed law and out of wed lockc the marriage between the in Petitioner and 2l Respondent solemnized on 07.02.2022 at Shishira Home Stay, Channapatha, they have one daughter born on 23.11.2022 by name 'Nayt 1. Petitioner started residing separately from 31.05.2022 and Maryam' and even prior to birth of child the 2nd Respondent and later the 2nd Respondent had lodged a complaint on 22.12.2023, which came to be registered in Crime No. 75/2023, for the offences & 4 of D.P.Act against the Petitioners and after filing of charges punishable under Sec. 498A, 323, 504, 506, 149 of IPC r/w Sec.3 in C.C.No.141/2024 before the Hon'ble Addl. Civil Judge and sheet and upon taking cognizance, the same came to be registered JMFC, at Channapatna and was pleased to issue summons to the Petitioners and thus at the intervention of parents, relatives, well wishers and common friends of both the 2nd Respondent and Petitioners have arrived at a mutual understanding and have decided to amicably settle marital dispute and to settle the above criminal case amicably amongst themselves and thereby both parties having compromised the dispute and ready and willing to put an end the above litigation and the criminal proceedings pending adjudication before the Hon'ble Addl. Civil Judge and in C.C.No.141/2024, of Crime JMFC, at Channapatna, No.75/2023 of Channapatna East Police Station. 4. That the Petitioners and Respondent No.2 further submits that, the 1st Petitioner and 2nd Respondent have already settled and compromised the Domestic Violence case in Crl. Misc. No.102/2024, before the same Court - 6 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 i.e., Hon'ble Addl. Civil Judge and JMFC at Channapatna, vide filing of Joint Memo dated: 04.05.2024 and further prior to filing of the above the complaints the Petitioner No.1 have already filed Conjugal Rights case in O.S.No.454/2023, pending adjudication before the Hon'ble VI Addl. Judge, Family Court, at Bangalore, wherein the 2nd Respondent was placed exparte and the matter was posted for Plaintiff evidence. 5. That the Petitioners and 2nd Respondent upon service of summons by this Hon'ble Court to the 204 Respondent, have mutually arrived at an amicably settlement and have further settled their dispute out of the court and further the Petitioner No.1 and Respondent No.2 have agreed to withdraw all the cases pending against each other and also agreed to amicably settle the marital dispute peacefully out of the court and thereby the Petitioner No.1 and Respondent No.2 being well educated and mature enough and having residing separately from 31.05.2022, have mutually & voluntarily agreed to individually decide their marital ties & relationship between them without dragging each other in the court of law. 6. That the 2nd Respondent upon arriving at the above mutual understanding, without any coercion or force or undue influence had voluntarily and willfully agreed to withdrawn the criminal case filed against the Petitioners in C.C.No.141/2024, of crime No.75/2023 of Channapatna East Police Station, which is pending adjudication before the Hon'ble Addl. Civil Judge and JMFC, at Channapatna, and further consented that the 2nd Respondent is not interested to prosecute the above criminal case against the Petitioners as the same is settled as per compromise between the parties and this Hon'ble Court may be pleased to quash the criminal proceeding pending adjudication in C.C.No.141/2024 - 7 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 before the Hon'ble Addl. Civil Judge and JMFC at Channapatna against the Petitioners and the Respondent No.2 is ready and willing to put an end the above litigation voluntarily, out of her own will and without any coercion, undue influence or force from whomsoever and whatsoever in nature. 7. That the Petitioners and Respondent No.2 have mutually agreed that in the event of non compliance of the above settlement, either party is at liberty to approach the Court of law for execution of the above terms arrived between the parties for their grievance. Moreover the offences are compoundable in nature and the Respondent No.2 is intend to settle the above offences with the Petitioners, and ready and willing to withdraw the above litigation on the basis of the settlement and compromise arrived between the Petitioners and 2nd Respondent and will not precipitate the above case as the same is settled out the Court. Hence this application. 8. That the offences are compoundable in nature and the parties and in particular the 2nd Respondent intend to compound the said offences with the Petitioners, with permission of this Hon'ble Court. WHEREFORE, the Petitioners and 2nd Respondent most humbly prays that this Hon'ble Court be pleased to permit the Petitioners and 2nd Respondent to compound the offence in C.C.No.141/2024, pending adjudication before the Hon'ble Addl. Civil Judge and JMFC, at Channapatna, arising out of Crime No.75/2023, of Channapatna East Police Station, for the offences punishable under section. 498(A), 323, 504, 506, 149 of IPC R/W sec.3 & 4 of DP Act and quash the above - 8 - HC-KAR NC: 2025:KHC:28542 CRL.P No. 86 of 2025 proceeding as compounded and settled out of Court, and dispose of the above petition as prayed for, in the interest of justice and equity." 4. In view of the aforesaid settlement entered into between the petitioners-accused No.1 to 5 and 2nd respondent, I pass the following: ORDER (i) The petition is disposed of in terms of Compromise petition filed under Section 320 of Cr.P.C. (ii) The proceedings in C.C.No.141/2024 (arising out of Crime No.75/2023 of 1st respondent – Police) registered for the offences punishable under Sections 498A, 323, 504, 506, 149 of IPC, pending on the file of Additional Civil Judge & JMFC, at Channapatna, insofar as the petitioners-accused No.1 to 5 herein are concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE HR List No.: 1 Sl No.: 5 CT: BHK