- 1 - HC-KAR NC: 2025:KHC:54587 CRL.P No. 17181 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 17181 OF 2025 BETWEEN: 1. SHABEER S S/O LATE SARWAR, AGED ABOUT 33 YEARS, RESIDING AT FLAT NO.106, GROUND FLOOR, BHUMIKA PRIME ROSESS, J.P. NAGAR, BANGALORE -560078. 2. SYED SAMEER AHMED S/O SYED TOUQEER AHMED, AGED ABOUT 37 YEARS, R/AT 10-3-291/1/A/1 AND 291/1/A/2/202 FLAT NO.202, SECOND FLOOR, FIZA RESIDENCY, ABOVE DRY FRUIT HOUSE, VTC: ASIFNAGAR, PO: VIJAY NAGARA COLONY, HYDERABAD DISTRICT, TELANGANA-500057, 3. SHAHINA W/O LATE SARWAR BAIGH, AGED ABOUT 49 YEARS, R/AT NO.182-2, 1ST MAIN ROAD, 2ND CROSS, NEAR GOVERNMENT SCHOOL, JP NAGAR 7TH PHASE, BENGALUR-560078. 4. SHABNANA W/O SYED SAMEER AHMED AGED ABOUT 35 YEARS, Digitally signed by SUMA Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:54587 CRL.P No. 17181 of 2025 R/AT 10-3-291/1/A/1 AND 291/1/A/2/202, FLAT NO.202, SECOND FLOOR, FIZA RESIDENCY, ABOVE DRY FRUIT HOUSE, VTC: ASIFNAGAR, PO: VIJAY NAGARA COLONY. HYDERABAD DISTRICT, TELANGANA-500057, 5. SAMEER BAIGH, S/O, LATE SARWAR BAIGH AGED ABOUT 30 YEARS, RESIDING AT FLAT NO.106. GROUND FLOOR, BHUMIKA PRIME ROSESS. JP NAGAR BANGALORE-560078. 6. AWEZ, S/O, KALIMULLA AGED ABOUT 29 YEARS, RESIDING AT NO. 431/N2, H.T. LANE, ILIYAS NAGAR, BANGALORE -560078 …PETITIONERS (BY SRI. LOKESHA A.C, ADVOCATE FOR SRI. SHRIDHARA K., ADVOCATE) AND: 1. STATE OF KARNATAKA BY CENTRAL WOMEN POLICE STATION, REP. BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AMBEDKAR VEEDI, BANGALORE-560 001. 2. SMT. SHABREEN TAJ. W/O SABEER S, AGED ABOUT 32YEARS RESIDING AT NO. 49, 6TH MAIN ROAD, - 3 - HC-KAR NC: 2025:KHC:54587 CRL.P No. 17181 of 2025 PALACE GUTTAHALLI, BANGALORE - 560003 …RESPONDENTS (BY SRI. RAHUL RAI K, HCGP FOR R1; SRI. S.H.KAZI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED BY THE CENTRAL WOMEN POLICE/RESPONDENT NO.1 IN CC.NO.44080/2025 PENDING ON THE FILE OF VI ADDL. CJM AT BENGALURU FOR THE OFFENCES P/U/S. 85, 115(2), 351(2), 352 R/W 3(5) OF BNS 2023, AND SECTION 3 AND 4 OF D.P. ACT 1961 AGAINST THE PETITIONERS. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ ORAL ORDER Petitioners are seeking to quash the entire proceedings pending against them in C.C.No.44080/2025, on the file of VI Additional Chief Judicial Magistrate, Bengaluru for the offences punishable under Section 85, 115(2), 351(2), 352 read with Section 3(5) of the BNS, 2023 and 3 and 4 of Dowry Prohibition Act, 1961. 2. FIR in Crime No.32/2025 of Central Women Police Station, Bengaluru City, was registered against - 4 - HC-KAR NC: 2025:KHC:54587 CRL.P No. 17181 of 2025 petitioners, on a complaint lodged by respondent No.2. On completion of investigation, charge sheet is filed. The dispute arise out of matrimonial discord between respondent No.2 and petitioner No.1. 3. It is submitted that the dispute has been resolved and the parties have agreed to end up their marital life by way of deed of dissolution of marriage by dissolving the marriage. Further, the first petitioner has agreed to pay a sum of Rs.4,40,000/- to second respondent towards full and final settlement as permanent alimony/maintenance. Paragraph Nos.1 to 9 of the application are extracted hereunder:- "1. The petitioner No.1 and respondent No.2 submits that due to certain matrimonial misunderstandings and domestic disputes, respondent No.2 lodged the said complaint, resulting in registration of the above proceedings in C.C. No.44080 of 2025 for the offences under section 85, 115(2), 351(2), 352, R/w 3(5) of Bharatiya Nyaya Sanhita- 2023, and under sections 3 and 4 of Dowry Prohibition Act- 1961, on the file of VI Addl. Chief Judicial Magistrate, at Bengaluru. 2. That due to irreconcilable differences and incompatibility of temperaments, the petitioner No.1 and respondent No.2 have realized that it will be futile to continue the marital relationship, as such there is no chance of reunion amongst them. 3. The petitioner No.1 and respondent No.2 furthers submits that through the intervention of elders and well-wishers, - 5 - HC-KAR NC: 2025:KHC:54587 CRL.P No. 17181 of 2025 both the petitioner and respondent No.2 have amicably settled their marital dispute. 4. That the petitioner No.1 and respondent No.2 have withdrawn all allegations and counter allegations made against each other unconditionally. 5. Both the 1st petitioner and 2nd respondent have agreed and ended up their marital life by taking Decree of Divorce by way of Deed of Dissolution of Marriage by Khula and acceptance of Khula dated 12.11.2025, for which the 1st petitioner has agreed to pay a sum of Rs.4,40,000/- towards full and final settlement of permanent alimony/maintenance to the 2nd respondent and the 2nd respondent has agreed for the same. 6. Accordingly the 1ª petitioner has paid a sum of Rs.4,44,000/- to the 2nd respondent by way of DD bearing No.467351, dated 16.12.2025 drawn on Federal bank, J.P. Nagar branch, Bengaluru before the Sheriya court/Jamiat. The 2nd respondent has acknowledged the acceptance of the same. Further the both parties have declared that they have no claims of whatsoever nature against each other and also in respect of movable and immovable properties belonging to each others. 7. The 2nd respondent submits that she has received her respective belongings le., gold, silver ornaments and cloths and household articles etc., 8. The 2nd respondent submits that she has no right, claim over the immovable or movable properties. Bank deposits, insurance policies, debentures, shares if any standing in the name of the 1st petitioner of his parents. 9. It is submitted that, to avoid all future complications and litigations between the parties and also to avoid the court proceedings, the petitioner No.1 and respondent No.2 are requesting this Hon'ble court to encourage genuine settlement of the matrimonial disputes. Under such circumstances the parties have approached this Hon'ble court under section 528 of BNSS-2023, to quash the entire proceeding which is pending against the petitioners." - 6 - HC-KAR NC: 2025:KHC:54587 CRL.P No. 17181 of 2025 4. Respondent No.2 present before the Court submits that in view of the settlement, she is not interested in proceedings with the case any further and she has no objection to quash the proceedings. She acknowledges the receipt of Demand Draft for a sum of Rs.4,40,000/-. 5. 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, - 7 - HC-KAR NC: 2025:KHC:54587 CRL.P No. 17181 of 2025 Section 320 of the Code, would not be a bar to the exercise of power of quashing of FIR.’ 6. In the above facts and circumstances, no purpose will be served in continuing the criminal proceedings against the petitioners. In order to settle the dispute, it is expedient to quash the proceedings, in the interest of justice. Accordingly, the following:- ORDER i) Application is allowed, consequently, petition is allowed. ii) Entire proceeding against the petitioners in C.C.No.44080/2025 pending on the file of VI Additional Chief Judicial Magistrate at Bengaluru, is quashed. Sd/- (MOHAMMAD NAWAZ) JUDGE LDC List No.: 2 Sl No.: 29