- 1 - HC-KAR NC: 2025:KHC:54100 CRL.P No. 9018 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 9018 OF 2024 BETWEEN: 1. SMT. NAIYERA BANU W/O MOHAMMED THOUSIF S AGED ABOUT 25 YEARS, 2. SRI KHIZAR PASHA S/O LATE MOUKTHAR PASHA, AGED ABOUT 55 YEARS, 3. SRI KHADIR PASHA S/O LATE MOUKTHAR PASHA, AGED ABOUT 55 YEARS, ALL ARE R/AT D.NO. 2384, NEW NO. 29 2ND CROSS, KABIR TEMPLE ROAD, KAILASAPURAM, MANDI MOHALLA, MYSORE - 570 001. …PETITIONERS (BY SRI. GAURAV SUBRAMANYAM, ADVOCATE) AND: 1. STATE OF KARNATAKA UDAYAGIRI POLICE STATION MYSORE CITY, REP STATE PUBLIC PROSECUTOR, HIGH COURT COMPLEX, BENGALURU-560001. 2. SRI M SARDAR S/O MOHAMMED ISMAIL, AGED ABOUT 70 YEARS (PRESENT AGE) R/AT NO. 386, NEAR MAYRAJ SCHOOL, Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54100 CRL.P No. 9018 of 2024 SHANTHI NAGAR, GHOUSIA NAGAR, MYSURU CITY - 570 019. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 SRI. RAJESH P., ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONERS PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR IN CR NO.114/2024 DATED 29.06.2024 (ARISING OUT OF PCR NO.354/2024) INITIATED AGAINST THE PETITIONERS PENDING ON THE FILE OF II ADDL CIVIL JUDGE (JR.DN) AND JMFC COURT AT MYSORE FILED BY THE 1ST RESPONDENT UDAYAGIRI P.S FOR THE OFFENCES P/U/S 307, 323, 324, 341, 342, 504, 506, 34 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Registration of the FIR in Crime No.114/2024 of Udayagiri Police Station, Mysore City, for the offence punishable under Sections 307, 323, 324, 341, 342, 504, 506 and 34 is under challenge in this petition, preferred under Section 482 of CrPC. 2. Respondent No.2 set the law in motion. On his complaint the aforementioned case was registered against the petitioners. The investigation is in progress. - 3 - HC-KAR NC: 2025:KHC:54100 CRL.P No. 9018 of 2024 3. Petitioner No.1 is none other than the daughter- in-law of the complainant/respondent No.2. Petitioners Nos.2 and No.3 are the father and uncle of petitioner No.1. Initially respondent No.2 filed a private complaint on the file of the Court of Junior Civil Judge and JMFC at Mysore, which was referred to police for investigation, consequent to which the aforementioned FIR was registered. 4. A perusal of the complaint averments reveal that the dispute arose out of matrimonial discord between the parties. It is alleged that on 04.05.2023 at about 11.30 a.m. the accused trespassed into the house of the complainant and tried to assault him with a knife. However, the wound certificate, case sheet (furnished by the learned High Court Government Pleader) does not reflect any injury that has been caused by means of a knife, on the other hand, it is stated that the assault was by hand. 5. An application is filed under Section 320 r/s 482 of Cr.P.C. signed by the petitioners as well as respondent - 4 - HC-KAR NC: 2025:KHC:54100 CRL.P No. 9018 of 2024 No.2, reporting settlement. It is stated that the petitioner No.1 and son of respondent No.2 have agreed to settle the matter amicably among themselves. The petitioner submits that in C.Mis.No.477/2024 before the Court of the III Additional Principal Family Court at Mysore, the parties have filed a joint memo, on the basis of which a decree of divorce by mutual consent has been granted in terms of the joint memo. 6. Para 3 and 4 of the joint memo are extracted here under:- “3. The petitioner has filed the following cases: i) The Cri.Mis. No.1065/2024 on the file of the Hon'ble II Addl. Civil Judge and JMFC, Mysuru. ii) The C.C No. 430/2024 the petition is pending before the Hon'ble VII Addl. Senior Civil Judge and JMFC Court at Mysuru. 4. The Respondent and his father M. Sardar is also registered a Private complaint against the petitioner in PCR No. 354/2024, the same is registered as Cr. No.114/2024 at Udayagiri Police Station, Mysuru, initiated against the petitioner No.1 and her father - 5 - HC-KAR NC: 2025:KHC:54100 CRL.P No. 9018 of 2024 Mr. Khizar Pasha and her uncle Mr. Khadir Pashas. Whereas, the petitioners have filed a Writ petition at Hon'ble High Court of Karnataka, Bengaluru in Crl. Petition No. 9018/2024 against the Respondent's father Mr. M.Sardar to please to quash the FIR Cr. No114/2024, dated 29/06/2024 arising out of PCR No.354/2024. Whereas the Hon'ble High Court has stayed the Criminal proceedings against the PetitionerNo.1 in FIR Cr. No.114/2024, dated 20/06/2024. The Respondent No.1' father Mr. M. Sardar has agreed to withdraw this PCR against the petitioner." 7. Respondent No.2 present before the Court submits that in view of the settlement he is not interested in pursuing the matter any further and he has no objection to quash the proceedings in order to live in harmony. From the material on record, it can be seen that the ingredients of the offence under Section 307 of IPC are not made out. 8. The Hon'ble Apex Court in NARIDER SINGH AND OTHERS reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement, and on - 6 - HC-KAR NC: 2025:KHC:54100 CRL.P No. 9018 of 2024 that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be to: i) secure ends of justice, or ii) to prevent abuse of the process of any Court. Those criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transaction or arising out of matrimonial relationship or family dispute should be quashed when parties have resolved their entire dispute among themselves. 9. In view of the settlement between the parties, no useful purpose would be served in continuing the proceedings against the petitioners. Hence in the interest of justice it is just and proper to quash the proceedings, to bring a quietus to the entire dispute. Accordingly the following:- ORDER i) Petition is allowed. - 7 - HC-KAR NC: 2025:KHC:54100 CRL.P No. 9018 of 2024 ii) The entire proceedings arising out of FIR No.114/2024 registered at Udayagiri Police Station, Mysore City, and the proceedings in PCR No.354/2024 pending on the file of the II Additional Civil Judge Junior Division and JMFC Court at Mysore are quashed. I.A.1/2025 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 1 Sl No.: 107