Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC:20917 CRL.P No. 2920 of 2026
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2920 OF 2026
BETWEEN:
1.
BABU S R S/O. RASHEED AHMED, GED ABOUT 38 YEARS, R/AT NO.54, 2ND FLOOR, 5TH CROSS, 8TH BLOCK, 2ND STAGE, NAGARABHAVI, BENGALURU - 560 072.
2. ZAREENA C/O. RASHEED AHMED, AGED ABOUT YEARS, R/AT NO.54, 2ND FLOOR, 5TH CROSS, 8TH BLOCK, 2ND STAGE, NAGARABHAVI, BENGALURU - 560 072.
3.
MUNNI NISHA S R, AGED ABOUT 36 YEARS W/O SHAIK AFZAL HUSSAIN, R/AT NO.448, 2ND FLOOR, 6TH A CROSS, 4TH MAIN ROAD, HEALTH LAYOUT, SRIGANDADAKAVAL, SUNKADAKATTE, VISWANEEDAM BENGALURU - 560 091.
4. THABASUM, W/O. M Z THAHEER AHMED, AGED ABOUT 32 YEARS, NO.282, ANJANEYA TEMPLE ROAD, KONANUR, ARKALGUDU,
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
- 2 -
HC-KAR NC: 2026:KHC:20917 CRL.P No. 2920 of 2026
HASSAN -573 130. …PETITIONERS (BY SRI. ARUN KUMAR Y H, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA THROUGH BENGALURU DIST WOMEN P.S., BENGALURU DIST.
THROUGH THE STATE PUBLIC PROSECUTOR STATE OF KARNATAKA HIGH COURT BUILDING, BANGALORE - 560 001.
2.
SABHA SULTHANA, W/O BABU S.R., NO.2425, MALLESHWARA TEMPLE, NEAR ROOJIPURA, DODDABALLAPURA TOWN, BENGALURU TOWN – 561 203.
…RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1;
SRI. PRABHAKAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO SET ASIDE THE ORDER DATED 26.12.2025 TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE U/S 85, 115(2), 352, 351(2), 123 R/W 3(5) OF BNS, PASSED BY THE COURT OF THE ADDITIONAL CIVIL JUDGE AND JMFC, DODDABALLAPURA IN CC.NO.9938/2025, PRODUCED AS ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2026:KHC:20917 CRL.P No. 2920 of 2026
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners – accused Nos.1 to 4 are before this Court calling in question an order dated 26.12.2025, pending before the Court of Additional Civil Judge and JMFC, Doddaballapura, in C.C.No.9938/2025, for offences punishable under Sections 85, 115(2), 352, 351(2) 123 r/w. 3(5) of the BNS, 2023. 2. Learned counsel for the petitioners and respondent No.2 in unison submit that the parties to the lis have settled their matrimonial dispute amicably by drawing up certain terms and conditions and have decided to part their ways. The parties have filed a joint memo seeking permission to compound the offences before this Court. 3. The joint memo reads as follows:
“5. That with the intervention of family members, well- wishers, the parties have amicably resolved all their past, present, and future disputes, both civil and criminal, arising out of their matrimonial relationship, on the following mutually agreed terms and conditions:
i. Alimony / Compensation: The Petitioner- Husband has agreed to pay a total, lump-sum amount of Rs. 8,00,000/-(Rupees Eight
- 4 -
HC-KAR NC: 2026:KHC:20917 CRL.P No. 2920 of 2026
Lakh Only) to the Respondent No. 2 (Wife) as full and final settlement towards all her claims, including but not limited to maintenance (past, present, and future), and permanent alimony. The Respondent No.2, wife acknowledges the receipt of the same today, 16-04-2026. ii. The First Party also agreed to pay as sum of Rs.1,40,000/-(Rupees One Lakh Forty Thousand only) to the second Party during the time of Divorce Decree at the family Court. iii. Child Custody and Claims: It is mutually agreed that the permanent custody and parental responsibility of the minor child, Aira Fatima, shall remain with the Respondent No. 2 (Wife) only. The wife shall be solely responsible for the child's maintenance and the husband shall have no future claims/obligations towards the child's maintenance. iv. Return of Belongings: Both parties confirm that they have returned all jewellery, belongings, and articles to each other, and no claims remain in this regard. V. Future Claims/Proceedings: Both parties hereby declare that they shall not initiate any further civil or criminal proceedings against each other or their respective family members concerning their matrimonial disputes after the quashing of the present FIR and grant of the divorce decree. 6.
That since the dispute existed between the Petitioners and respondent No.2 is amicably settled and compromised out of Court as aforesaid. The is no necessity of further continuance of proceedings as against the Petitioners as the dispute is settled between the Parties. The dispute existed between the parties were purely personal in nature and no matter of public policy is involved. 7. That Both the Petitioner and the Respondent No.2 also confirms that they do not have any claims or
- 5 -
HC-KAR NC: 2026:KHC:20917 CRL.P No. 2920 of 2026
whatsoever at present or in future as against each other in terms of monetary or any other modes. Further, both parties undertake no to interfere with the personal life of each other in future. 8. Therefore, under these circumstances the Respondent No.2 submits that she does not have any objection to allow the present Petition consequently quashing the trial Court proceedings. 9. This settlement has been arrived at out of the free will and consent of both parties, without any pressure, coercion, or undue influence from any side. Wherefore, it is humbly prayed that this Hon'ble Court may be pleased to allow the present Petition and quash
Order dated 26-12-2025 taking cognizance of the offences punishable under sections 85, 115(2), 352, 351(2), 123 read with section 3(5) of the BNS passed by the Court of the Addl. Civil Judge and JMFC, Doddaballapura in C.C.No.9938 of 2025 (Annexure-A) which is arose from FIR dated 14/10/2025 in Crime No.232/2025 registered by the Respondent No.1 Bengaluru District Women P.S. for the alleged offences punishable under Sections 85, 115(2), 353, 351(2) read with 3(5) of the BNS, 2023 and all further proceedings thereto, in the interest of justice and equity.”
In the light of the fact that the parties have arrived at settlement by parting their ways on certain terms and conditions and since it is a marital dispute, I deem it appropriate to accept the joint memo and terminate the proceedings against the petitioners, as the allegations are not against the State.
- 6 -
HC-KAR NC: 2026:KHC:20917 CRL.P No. 2920 of 2026
4. For the aforesaid reasons, I pass the following:
ORDER (i) The criminal petition is disposed. (ii) The impugned order dated 26.12.2025, passed by the Court of Additional Civil Judge and JMFC, Doddaballapura, in C.C.No.9938/2025 and all further proceedings taken thereto, stand quashed.
I.A.No.1/2026 also stands disposed, as a consequence.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 1 Sl No.: 34