Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:30838 CRL.P No. 4417 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 4417 OF 2025 BETWEEN:
1.
MR. ABDUL NOWAISER S/O MOHAMMED N., AGED ABOUT 36 YEARS, R/AT 3-221/6, M N COMPOUND, AJJINADKA, UCHILA, KOTEKAR, MANGALORE, D.K.DISTRICT - 575 022.
2.
MR. MOHAMMED N, AGED ABOUT 63 YEARS, S/O LATE N. K. ABDULLA, R/AT 3-221/6, M N COMPOUND, AJJINADKA, UCHILA, KOTEKAR, MANGALORE, D.K.DISTRICT - 575 022.
3.
SMT. FATHIMATH JOHARA AGED ABOUT 59 YEARS, W/O MOHAMMED N., R/AT 3-221/6, M N COMPOUND, AJJINADKA, UCHILA, KOTEKAR, MANGALORE, D.K.DISTRICT - 575 022. …PETITIONERS (BY SRI. GANAPATHI BHAT, ADVOCATE)
Digitally signed by NAGARAJA B M Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC:30838 CRL.P No. 4417 of 2025
AND:
1.
THE STATE OF KARNATAKA THROUGH THE INSPECTOR OF POLICE, WOMENS POLICE STATION, PUTTUR, DAKSHINA KANNADA DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BANGALORE - 01.
2.
DR. SUMAYYA, D/O LATE MOHAMMED, AGED ABOUT 30 YEARS, R/AT HOUSE NO. 1-30, BHAKTHAKODI HOUSE, SARVE VILLAGE AND POST PUTTUR, D. K. DISTRICT - 574 202.
…RESPONDENTS
(BY SRI. NANDA SAI DATTU S., ADVOCATE FOR R2;
SRI. M. R. PATIL, HCGP FOR R1)
THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNNS) PRAYING TO QUASH THE FURTHER PROCEEDINGS IN C.C NO. 867/2024 (ARISING FROM CRIME NO.22/2024 OF DAKSHINA KANNADA WOMEN'S POLICE STATION PUTTUR SUB- DIVISION) PENDING ON THE FILE OF PRL. CIVIL JUDGE AND JMFC COURT PUTTUR, D.K REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 448, 504, 506, R/W 34 OF INDIAN PENAL CODE 1860 IN SO FAR AS THE PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC:30838 CRL.P No. 4417 of 2025
CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM
ORAL ORDER This petition is filed by the husband and in-laws seeking quashing of the charge sheet in C.C. No. 867/2024 (arising out of Crime No. 22/2024 of Dakshina Kannada Women’s Police Station, Puttur Sub-Division), pending before the Principal Civil Judge and JMFC, Puttur, D.K., for the offences punishable under Sections 498A, 448, 504, 506 read with Section 34 of the IPC, insofar as the petitioners are concerned.
2. During the pendency of the petition, an application is filed under Section 528 read with Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking permission to compound the offences and consequently quash the entire proceedings in C.C. No. 867/2024. The application is accompanied by the affidavits of respondent No. 2/defacto complainant and petitioner No. 1/husband, wherein it is stated that the parties have reconciled their differences and arrived at an amicable
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HC-KAR NC: 2025:KHC:30838 CRL.P No. 4417 of 2025
settlement within the family, leading to their reunion. Both have requested the Court to quash the proceedings in view of the settlement.
3. On being queried, respondent No. 2 confirmed the settlement and stated that no undue pressure or coercion had been exerted upon her. She affirmed that she had voluntarily agreed to put an end to the disputes between her, her husband, and her in-laws.
4. Respondent No. 2 further submitted that following the reunion, she has returned to Dubai and is presently residing with petitioner No. 1/husband. In light of the affidavits filed and the voluntary nature of the settlement, the application for compounding is allowed, and the offences are permitted to be compounded.
5. The affidavits are taken on record. As the offences are compoundable in law, the application for compounding stands allowed.
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HC-KAR NC: 2025:KHC:30838 CRL.P No. 4417 of 2025
6. Consequently, the criminal petition is allowed. The entire proceedings in C.C. No. 867/2024 (arising from Crime No. 22/2024 registered by Dakshina Kannada Women’s Police Station, Puttur Sub-Division) pending on the file of Principal Civil Judge and JMFC Court, Puttur, D.K. registered for the offences punishable under Sections 498A, 448, 504, 506 and 149 IPC. are hereby quashed insofar as the petitioners are concerned.
Sd/- (SACHIN SHANKAR MAGADUM) JUDGE
ALB List No.: 2 Sl No.: 13