Research › Search › Judgment

High Court of Karnataka · body

2026 DAILYLAW 12586 (KAR)

SRI MOHAMMED HUSSAIN KHAN v. STATE BY

CRL.P/705/2026 · 2026-04-07

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:19606 CRL.P No. 705 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 705 OF 2026 BETWEEN: 1. SRI. MOHAMMED HUSSAIN KHAN S/O LATE NIYAZUDDIN KHAN, AGED ABOUT 30 YEARS, R/AT: NO. 54, 7TH B CROSS, KAVERI SERVICE CENTRE, ROSE, NEELASANDRA, BENGALURU - 560 047. 2. KANEEZ FATIMA K W/O LATE NIYAZUDDIN KHAN AGED ABOUT 51 YEARS, R/AT: NO. 54, 7TH B CROSS, KAVERI SERVICE CENTRE, ROSE, NEELASANDRA, BENGALURU - 560 047. 3. HAFIIZA KHANAM W/O SAJJAD BEIG, AGED ABOUT 26 YEARS, R/O NO. 06, 3RD CROSS, 2ND MAIN, RK PALACE, KAVERI NAGAR, RT NAGAR, BENGALURU - 560 047. …PETITIONERS (BY SRI. MOHAMMED TAHIR, ADVOCATE) Digitally signed by SANJEEVINI J KARISHETTY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:19606 CRL.P No. 705 of 2026 AND: 1. STATE BY CENTRAL WOMEN PS REPRESENTED BY HIGH COURT GOVT. PLEADER, OFFICE AT ADVOCATE GENERAL OFFICE HIGH COURT COMPLEX OPP TO VIDHANA SOUDA, BENGALURU – 560 001. 2. SMT. WAJIHA FIRDOUS W/O MOHAMMED HUSSAIN KHAN AGED ABOUT 24 YEARS R/AT, NO.1036, BEHIND BASHA SALVAGE, ANNASANDRAPALY, VIMANAPUR POST, BENGALURU – 560 017. …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI. SYED KHALEEL PASHA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 528 BNSS PRAYING TO QUASH THE CHARGESHEET DATED 04/11/2025 I.E. FINAL REPORT FILED BY THE RESPONDENT NO.1 POLICE FOR THE ALLEGED OFFENCES UNDER SECTION U/S 85, 118(1), 351(2), 352 R/W 3(5) BNS 2023, AT ANNEXURE C AND ETC., THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:19606 CRL.P No. 705 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – accused Nos.1 to 3 are before this Court calling in question proceedings in C.C.No.43361/2025, pending before the 6th Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 85, 118(1), 351(2), 352 r/w. 3(5) of the BNS, 2023. 2. Learned counsel for the petitioners and respondent No.2 in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and conditions. The parties file an application under Section 359(1) r/w. 528 of the BNSS along with compromise affidavit before this Court to that effect. 3. The compromise affidavit reads as follows: “3. We further state that the parties have now amicably resolved all their disputes and differences with the intervention of elders and well-wishers. 4. We state that we are now living together peacefully and have resumed our matrimonial relationship. 5. We state that, as per the settlement: - 4 - HC-KAR NC: 2026:KHC:19606 CRL.P No. 705 of 2026 a. Petitioner No. 1 has agreed to reside separately with Respondent No. 2. b. Petitioner No. 1 has transferred a sum of Rs. 6,00,000/- to Respondent No. 2 through SBI Bank (Transaction Reference No. D9113689A2EO) towards lease Amount. c. An agreement has been executed in favour of Respondent No. 2 with respect to the residence situated at Ashyana Manzil, HAL, Bengaluru. d. Petitioner No. 1 has also fulfilled the wish of Respondent No. 2 by arranging for performance of Haj and Umrah during the month of Ramadan. 6. We state that in view of the above settlement, Respondent No. 2 does not wish to pursue the allegations made in the complaint and has no objection for quashing the proceedings against the Petitioners. 7. We state that continuation of the criminal proceedings would serve no useful purpose and would only cause hardship to both parties and their families. 8. We state that this compromise has been entered into voluntarily, without any coercion, undue influence, or pressure from any quarter. WHEREFORE, we humbly pray that this Hon'ble Court may be pleased to Accept this Compromise Affidavit and Allow the Criminal Petition and quash all proceedings in C.C. No. 43361/2025 arising out of Crime No. 31/2025, in the interest of justice and equity.” In the light of the afore-quoted compromise affidavit, as the dispute is between the couple and the allegations are not against the State, I deem it appropriate to accept the - 5 - HC-KAR NC: 2026:KHC:19606 CRL.P No. 705 of 2026 compromise affidavit and terminate the proceedings against the petitioners. 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.43361/2025, pending before the 6th Additional Chief Metropolitan Magistrate, Bengaluru, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 4 Sl No.: 6