- 1 - HC-KAR NC: 2025:KHC:26279 CRL.P No. 3872 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 3872 OF 2025 BETWEEN: 1. SRI. MUKHARAM PASHA S/O SUHAIL AHMED, AGED ABOUT 30 YEARS, R/AT NO. 45, BAZAAR STREET, ABRAR MASJID, GOWTHAMPURAM, HAL 2ND STAGE, BENGALURU - 560 008. 2. SMT. KOUSER R (NAME WRONGLY SHOWN IN CHARGE SHEET AS KOUSAR SULTHANA) W/O SUHAIL AHMED, AGED ABOUT 52 YEARS, R/AT NO. 45, BAZAAR STREET, ABRAR MASJID, GOWTHAMPURAM, HAL 2ND STAGE, BENGALURU - 560 008. PREVIOUSLY R/AT NO 14, E NO. 3RD STREET, HALASURU, BENGALURU - 560 008. …PETITIONERS (BY SRI. TEJAS N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE, Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:26279 CRL.P No. 3872 of 2025 BENGALURU - 560 004. REPRESENTED BY LEARNED STATE PUBLIC PROSECUTOR, HCK, BANGALORE - 01. 2. SMT. UMME KULSUM W/O MUKHARAM PASHA, AGED ABOUT 29 YEARS, R/AT NO 55, 7TH CROSS, ANEPALYA, BENGALURU - 560 047. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; R2 - SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CC.NO.801/2024, ON THE FILE OF THE HONBLE XXIV ACMM, BENGALURU, AS AN ABUSE OF PROCESS OF LAW, WHICH IS ARISING OUT OF CR.NO.199/2023 OF BASAVANAGUDI WOMEN P.S., BENGALURU, FOR THE OFFENCES P/U/S 498(A), 323, 504 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:26279 CRL.P No. 3872 of 2025 ORAL ORDER In this petition, petitioners seek the following relief: "Wherefore, the petitioners-accused No.1 & 2 most humbly pray that this Hon'ble Court may be pleased to quash the proceedings in C.C.No.801/2024 on the file of the Hon'ble XXIV Additional Chief Metropolitan Magistrate, Bengaluru, as an abuse of process of law, which is arising out of Crime No.199/2023 of Basavanagudi Women Police Station, Bengaluru, for the offences under sections 498-A, 323 and 504 of IPC and grant such other relief or reliefs as this Hon'ble Court deems fit to grant in the facts and circumstances of the case in the ends of justice." 2. Heard the learned counsel appearing for the petitioners, learned HCGP appearing for respondent No.1 and perused the material on record. Respondent No.2 having been served with notice of this petition, has chosen to remain unrepresented and has not contested the proceedings. 3. A perusal of the material on record will indicate that the second respondent-defacto complainant is the wife of petitioner No.1-accused No.1 while petitioner No.2 is the mother of petitioner No.1. The matrimonial dispute between the petitioner No.1 & respondent No.2 culminated in a mediation settlement in O.S.No.252/2023 dated 26.08.2024 pursuant to a memorandum of settlement which reads as under: - 4 - HC-KAR NC: 2025:KHC:26279 CRL.P No. 3872 of 2025 "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The parties above named beg to submit as follows:- The plaintiff has filed the above petition under order VII Rule 1 & 2 of the Code of Civil Procedure, praying for Restitution of Conjugal Rights against the defendant. I. The aforesaid petition was referred to mediation for resolving the dispute between the parties. In the course of mediation, they have resolved their dispute and have agreed to the following terms and conditions: 1. Both the parties admit the relationship of husband and wife and their marriage was registered on 17.05.2018 before Registrar of Marriage, Bommanahalli, Bengaluru vide certificate No. BMH- S27-2018-19. Also their marriage was solemnized on 17.07.2022 under Islamic customs and Valima Ceremony was held at Sheriff Convention centre, St. Jhons Church Road, Bengaluru-560005. 2. Both the parties state that due to incompatibility of temperaments, they were away from each other from last 12.02.2023. 3. During the course of mediation, both the parties with their advocate were present and they have reconciled their issues and decided to re-join with each other and they state henceforth they will live together. 4. Both the plaintiff and the defendant undertakes to respect the sentiments of each other and agreed to be a dutiful and create a congenial atmosphere in the family. Both the parties agree to abide by the customs and duties prevailed in the Society as per Shariat. 5. Both the parties agree not to create any incident that will hamper their peaceful life. - 5 - HC-KAR NC: 2025:KHC:26279 CRL.P No. 3872 of 2025 6. In view of the above RE-UNION agreement reached between the parties, the defendant has agreed to withdraw Crl. Misc. 155/2023, pending before MMTC-I, Bengaluru filed under section 12 of the protection of women from Domestic Violence Act and C.C. No. 801/2024, pending before 37th ACMM, Bengaluru filed under section 498-A, 504,323 IPC. 7. It is agreed between the parties to avoid unnecessary interferences of their family members. 8. The plaintiff hereby withdraw all the allegations made against the defendant in the above case. II. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to pass necessary orders in the above case in terms of the aforesaid agreement. III. Parties will appear on 24.06.2024 before the Hon'ble Court for passing orders in terms of the agreement." 4. As can be seen from the aforesaid mediation agreement/settlement and in particular Clause No.6 of the mediation agreement/settlement, respondent No.2 has unequivocally agreed to withdraw the pending cases against the petitioners including C.C.No.801/2024 pending against the petitioners. Under these circumstances, I am of the view that the impugned proceedings deserve to be quashed. 5. In the result, I pass the following: - 6 - HC-KAR NC: 2025:KHC:26279 CRL.P No. 3872 of 2025 ORDER (i) Petition is hereby allowed; (ii) The entire proceedings in C.C.No.801/2024 arising out of FIR in Crime No.199/2023 registered by the 1st respondent, pending on the file XXIV Additional Chief Metropolitan Magistrate, Bengaluru, qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE YN List No.: 1 Sl No.: 23 CT: BHK