- 1 - HC-KAR NC: 2025:KHC:43496 CRL.P No. 8360 of 2024 C/W CRL.P No. 14939 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 8360 OF 2024 C/W CRIMINAL PETITION NO. 14939 OF 2025 IN CRL.P No. 8360/2024 BETWEEN: 1. NOORJAHAN W/O S. SHEKABBA, AGED ABOUT 64 YEARS, R/AT NO.GL 2-34, BDGAH ROAD, SN COTTAGE, MANGALORE, D.K. DISTRICT-575 030. 2. SURAYYA PARVEEN @ SURAIH W/O BADRUL MUNEER, AGED ABOUT 47 YEARS, R/AT NO.22-9-1318/8, LEEWEL POST OFFICE, S N COTTAGE, BROOKS VALLEY LAYOUT, MANGALORE, D.K. DISTRICT-575 001. 3. FAKIZA PARVEEN @ FAZIYA C/O MOHAMMED SAMEER ALI, AGED ABOUT 39 YEARS, R/AT NO.17-17-1335/55, IVORY TOWERS FLAT NO.106, S.L. MATHIAS ROAD, ATTAVAR, FALNIR, MANGALORE, D.K. DISTRICT-575 001. Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:43496 CRL.P No. 8360 of 2024 C/W CRL.P No. 14939 of 2025 4. ABDUL RAHIMAN S/O BADAGA BYAN, AGED ABOUT 43 YEARS, R/AT NO.45, NONABURU, THIRTHAHALLI, SHIVAMOGGA DISTRICT-577 414. …PETITIONERS (BY SRI. LETHIF B., ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA REP. BY THIRTHAHALLI POLICE STATION, SHIVAMOGGA DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE–560 001. 2. SHABANA BHANU W/O MOHAMMAD SADIQ, AGED ABOUT 26 YEARS, R/AT NO.45, NONABURU, THIRTHAHALLI, SHIVAMOGGA DISTRICT-577 414. …RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H); SRI. DEVI PRASAD K., ADVOCATE FOR R2 (P/H)) THIS CRL.P IS FILED U/S.482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE FIR IN CRIME NO.165/2024 BY THE RESPONDENT THIRTHAHALLI POLICE, FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A OF IPC ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC COURT, THIRTHAHALLI, BENGALURU RURAL DISTRICT OF THIRTHAHALLI POLICE STATION. - 3 - HC-KAR NC: 2025:KHC:43496 CRL.P No. 8360 of 2024 C/W CRL.P No. 14939 of 2025 IN CRL.P NO. 14939/2025 BETWEEN: MOHAMMED SADIQ S/O SOORALPADY SHEIKABBA, AGED 45 YEARS, R/AT NO.22-9-1318/8, LEEWEL POST OFFICE, S N COTTAGE, BROOKS VALLEY LAYOUT, MANGALORE, D.K. DISTRICT-575 001. ...PETITIONER (BY SRI. LETHIF B., ADVOCATE (P/H)) AND: 1. THE STATE OF KARNATAKA REP. BY THIRTHAHALLI POLICE STATION, SHIVAMOGGA DISTRICT, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560 001. 2. SHABANA BHANU W/O MOHAMMAD SADIQ, AGED ABOUT 26 YEARS, R/AT NO.45, NONABURU, THIRTHAHALLI, SHIVAMOGGA DISTRICT-577 414. ...RESPONDENTS (BY SRI. RAHUL RAI K., HCGP FOR R1 (P/H)) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.736/2025 BY THE RESPONDENT POLICE FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A OF IPC ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT, THIRTHAHALLI, SHIVAMOGGA DISTRICT OF THIRTHAHALLI POLICE STATION. - 4 - HC-KAR NC: 2025:KHC:43496 CRL.P No. 8360 of 2024 C/W CRL.P No. 14939 of 2025 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Both these petitions arise out of FIR in Crime No.165/2024 of Tirthahalli, Police Station, Shivamogga registered for the offence punishable under Section 498A of IPC. 2. Based on the complaint lodged by respondent No.2, aforementioned case is registered against accused Nos.1 to 6. Petitioners in Crl.P No.8360/2024 are accused Nos.2, 3, 4 and 6 and petitioner in Crl.P No.14939/2025 is accused No.1. 3. Petitioners are seeking to quash the FIR/complaint, and the consequent proceedings pending against them before the Court of Principal Civil Judge (Jr. Dn) and JMFC Court, Thirthahalli, Shivamogga. 4. Separate applications are filed under Section 482 of Cr.P.C., by the learned counsel for petitioners, to - 5 - HC-KAR NC: 2025:KHC:43496 CRL.P No. 8360 of 2024 C/W CRL.P No. 14939 of 2025 permit the parties to compound the offence and to quash the FIR and chargesheet. 5. It is stated that the family members of both side have decided to resolve the dispute and marriage of respondent No.2 with accused No.1 has been dissolved in terms of the conditions of Mubaraknama. It is also stated that respondent No.2/defacto complainant has received a permanent alimony of Rs.14 lakhs from accused No.1 without any further claim, towards full and final settlement. It is further stated that, the gold ornaments which was given as Mahr during the marriage weighing about 142 grams and other gift items about 5 sovereigns is in position of respondent No.2 and the parties have agreed that respondent No.2 to retain those jewelleries as permanent alimony. 6. Respondents No.2 and all the petitioners except petitioner No.1 in Crl.P No. 8360/2024 are present before the Court. Respondent No.2 submits that the matter has been settled and in view of the settlement, she is not - 6 - HC-KAR NC: 2025:KHC:43496 CRL.P No. 8360 of 2024 C/W CRL.P No. 14939 of 2025 interested in pursuing the matter any further and she has no objection to quash the proceedings. 7. The Hon’ble Supreme Court in the case of Jitendra Raghuvanshi and others v. Babita Raghuvanshi and another reported in 2013(2) Crimes 90(SC), has held that ‘the inherent powers of the High Court under Section 482 of Cr.P.C., are wide and unfettered. It is the duty of the Courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the Court is satisfied that, the parties have settled the same amicably and without any pressure, for the purpose of securing the ends of justice, Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR.’ 8. The matter arises out of a matrimonial dispute, wherein respondent No.2/defacto complainant has agreed to and the parties have settled all the disputes. Hence, no - 7 - HC-KAR NC: 2025:KHC:43496 CRL.P No. 8360 of 2024 C/W CRL.P No. 14939 of 2025 purpose will be served in keeping or continuing the criminal proceedings initiated against the petitioners. To secure the ends of justice, it is just and proper to allow the applications and quash the proceedings. Accordingly, the following: ORDER Applications filed in both the petitions are allowed. Consequently, petitions are allowed. The entire proceedings arising out of Crime No.165/2024 of Thirthahalli Police Station, Shivamogga, now pending in C.C.No.736/2025 on the file of the Court of Principal Civil Judge (Jr. Dn) and JMFC, Thirthahalli, Shivamogga are quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE HB List No.: 1 Sl No.: 29