Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:52995 CRL.P No. 15894 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 15894 OF 2025
BETWEEN:
UBAID B. S., S/O HAMEED B.S.
AGED ABOUT 28 YEARS, R/ AT C.P.C COMPOUND, NEAR OLD BUS STAND, UPPINANGADY KASABA VILLAGE, PUTTUR TALUK, D.K-574241. …PETITIONER (BY SRI. MAHAMMAD ANWAR, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY D.K WOMEN PS, REP BY THE S.P.P, HIGH COURT BUILDING, BANGALORE-560 001.
2. THASLIMA, D/O ANWAR AGED ABOUT 29 YEARS R/AT KARAYA HOUSE, KARAYA VILLAGE, BELTHANGADY TALUK, D. K-574 326. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1;
SRI. PRANAV G. AMBEKAR, ADVOCATE FOR R2)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:52995 CRL.P No. 15894 of 2025
THIS CRL.P FILED U/S 482 CR.P.C (U/S. 528 BNSS) PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN SC.NO.170/2023 ARISING OUT OF CR.NO.47/2022 REGISTERED BY D.K WOMEN P.S., FOR THE OFFENCES P/U/S 448,376(2)(n),506 OF IPC, U/S 67(A) OF I.T ACT, PENDING ON THE FILE OF HONBLE VI ADDL. DISTRICT JUDGE, MANGALORE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER Petitioner is seeking to quash the entire proceedings in S.C.No.170/2023 pending on the file of VI Additional District and Sessions Judge, Mangalore, D.K.
2. FIR is registered on a complaint lodged by the respondent No.2 in crime No.47/2022 of DK Women Police Station for the offence punishable under Sections 448, 376 and 506 of IPC and Section 67(A) of the Information Technology Act, 2008.
3. Charge sheet is filed for the offence punishable under Sections 448, 376(2)(n) and 506 of IPC and Section 67(A) of the Information Technology Act, 2008.
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HC-KAR NC: 2025:KHC:52995 CRL.P No. 15894 of 2025
4. In brief, it is the case of prosecution that the accused by forcing and threatening that he will make the victims photos and audio viral, developed physical relationship with her and sent the photographs to her husband through whatsapp insisting him to give divorce to her.
5. An application is filed under Section 482 of Cr.P.C., wherein it is stated that the parties have settled all their differences and decided to close all the disputes. On the ground of settlement, the parties are seeking to quash the proceedings pending before the trial Court. Application is accompanied by the joint affidavit of the petitioner and respondent No.2./victim/de-facto complainant.
6. It is stated by respondent No.2 that the complaint was given in the spur of moment and under the influence and pressure of her parents. Now they have resolved all the misunderstandings and is legally married
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HC-KAR NC: 2025:KHC:52995 CRL.P No. 15894 of 2025
to the petitioner, hence, decided to close the dispute. It is stated that the dispute arose out of personal misunderstandings and emotional circumstances and since they have reconciled and amicably settled all their differences, there remains no subsisting grievance between them.
7. It is also stated by respondent No.2 that there is no coercion, undue influence or force from anybody to file the affidavit and she has willfully given her consent to quash the proceedings pending in S.C.No.170/2023 on the file of the VI Additional District and Sessions Judge, Mangalore, D.K.
8. Petitioner and respondent No.2 are present before the Court. They are identified by their respective
learned counsel. They have acknowledged the settlement and filing of the joint affidavit.
9. Respondent No.2/de-facto complaint submits that she is now legally married to the petitioner and has
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HC-KAR NC: 2025:KHC:52995 CRL.P No. 15894 of 2025
two minor children and in view of the settlement, she is not interested in proceeding with the case any further and she has no objection to quash the proceedings.
10. The Hon’ble Apex Court in Narinder Singh and Others V. State of Punjab and Another reported in (2014) 6 SCC 466 has held that when the parties have reached the settlement and on that basis, petition for quashing the criminal proceedings is filed, the guiding factor in such cases would be:(i) to secure the ends of justice; or (ii) to prevent abuse of the process of any Court. It is further held that the criminal cases having overwhelmingly and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves.
11. The offences alleged are non compoundable in nature. However, respondent No.2 is now married to the
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HC-KAR NC: 2025:KHC:52995 CRL.P No. 15894 of 2025
petitioner and residing with him along with their minor children. She is a major and in view of the joint affidavit filed and the submission made before this Court, no purpose will be served in continuing the criminal proceedings against the petitioner. Hence, in the interest of justice, it is just and proper to quash the proceedings. Accordingly, the following:
ORDER (i) Application is allowed and consequently, the petition is allowed. (ii) The entire proceedings in S.C.No.170/2023 pending on the file of VI Additional District and Sessions Judge, Mangalore, D.K are quashed. (iii) I.A.No.1/2025 is disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
NS CT:TSM List No.: 1 Sl No.: 8