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2026 DAILYLAW 27117 (KAR)

MR. SYED ASIF v. THE STATE OF KARNATAKA

CRL.P/2700/2026 · 2026-07-03

M Nagaprasanna

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 2700 OF 2026 BETWEEN: 1. MR. SYED ASIF, S/O. SYED MAHBOOB, AGED ABOUT 46 YEARS, R/AT NO.7, OLD NO.42/1, 6TH C MAIN, BALAJINAGAR,DHARMARAM COLLEGE, BANGALORE - 560029. 2. MRS. SAGEENA S, W/O. ANSAR PASHA, AGED ABOUT 45 YEARS, R/AT NO.8, 1ST MAIN, 9TH CROSS, NEW GURAPPANAPALYA, DHARMARAM COLLEGE, BANGALORE - 560029. 3. MRS. SAHERA SULTANA, D/O. SYED MAHBOOB, AGED ABOUT 32 YEARS, R/AT NO.7, OLD NO.42/1, 6TH C MAIN, BALAJINAGAR, DHARMARAM COLLEGE, BANGALORE – 560029. 4. MR. SYED KAMRAN, S/O. ANSAR PASHA, AGED ABOUT 23 YEARS, R/AT NO.8, 1ST MAIN, 9TH CROSS, NEW GURAPPANAPALYA, DHARMARAM Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 COLLEGE, BANGALORE - 560029. 5. MR. SYED ARBAN, S/O. ANSAR PASHA, AGED ABOUT 21 YEARS, R/AT NO.8, 1ST MAIN, 9TH CROSS, NEW GURAPPANAPALYA, DHARMARAM COLLEGE, BANGALORE – 560029. 6. SMT. NAYEEMA SULTANA, W/O. AMEENUDDIN ELAYAS SAYED, AGED ABOUT 36 YEARS, R/AT NO.149, 2ND MAIN ROAD, 4TH CROSS, PRAKASH NAGAR, SRIRAMPURAM, BANGALORE - 560021. 7. SMT. SABEEHA BEGUM, D/O. SYED MAHBOOB, AGED ABOUT 65 YEARS, R/AT NO.7, OLD NO.42/1, 6TH C MAIN, BALAJINAGAR, DHARMARAM COLLEGE, BANGALORE – 560029. …PETITIONERS (BY SRI KARAN KHIVESRA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY RAJAJINAGAR P.S., BENGALURU, REP BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU -580001. 2. MR. AMEENUDDIN E S, S/O. MR. ILIYAS O S, - 3 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 AGED ABOUT 39 YEARS, R/AT NO.149, 2ND MAIN, 4TH CROSS, PRAKASHNAGAR, BANGALORE- 560021. …RESPONDENTS (BY MS. DEEPTI ALVA, HCGP FOR R-1; R-2 IS PRESENT) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) TO QUASH THE COMPLAINT, FIR AND THE CHARGESHEET IN C.C. NO.919/2026 OF THE RESPONDENT NO.1- RAJAJINAGAR POLICE STATION, BENGALURU FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 115(2), 329(3) AND 190 OF BNS, 2023 PENDING BEFORE THE HON’BLE 32ND ADDITIONAL CHIEF JUDICIAL MAGISTRATE, BENGALURU, AGAINST THE PETITIONERS NO.1 TO 7 AND ETC. THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners – wife and her family members are before this Court calling in question proceedings in C.C.No.919/2026, pending before the 32nd Additional Chief Judicial Magistrate, Bengaluru, for the offences punishable under Sections 115(2), 329(3 and 190 of the BNS, 2023. 2. Learned counsel for the petitioners and respondent No.2 in the respective petitions would submit that during the - 4 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 pendency of the petition, the parties to the lis have settled their matrimonial dispute amicably before the concerned Court by drawing up certain terms and conditions before the mediation center. The couple have reunited and living together happily. Therefore, they are before this Court seeking permission to compound the offences. The parties have filed a memo along with a certified copy of the memorandum of settlement under Section 89 of the CPC r/w. Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2007 before this Court to that effect. 3. The memorandum of settlement reads as follows: “The Petitioner has filed the above case under section 27 (1) (d) of the Special Marriage Act, 1954 seeking for dissolution of his marriage with the Respondent. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation, the petitioner and the respondent, with their respective counsel were present, identified each other and they have resolved their dispute and have agreed to the following terms and conditions. 1. Both the parties state that their marriage was solemnized on 27.07.2019 at Sheriff Convention Centre, No.70/1, St.John's Church Road, Near Coles Park, Bengaluru-560005 as per Mohemmedan Law rites and customs. Subsequently, their marriage was registered on 12-10-2020 before the of the Sub-Registrar, Rajajinagar, Bangalore vide Certification No.RJN/S06/2020-21, Stored in C.D. No.RJNM79. - 5 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 2. Due to differences and incompatibility of temperaments, there were allegations and counter allegations made against each other and the parties have been living separately. That now the parties have agreed to reconcile and have decided to stay together. 3. The Respondent and petitioner have agreed to join and lead the matrimonial life. a) The petitioner/husband has agreed to make separate house for himself, his wife and their daughter and take care of all their necessities. b) Both the parties state that they have a daughter named Inaaya Sayed born to them from their wedlock, now aged 4 years and under the care and custody of both the parties. 4. In view of the above settlement both the parties have decided and agreed to withdraw the case filed by them against each other and their family members: i. The Respondent/wife shall withdraw the case filed by her against the petitioner/husband & his family members registered in C.C.No.9174/2026 pending before 39th ACJM, Bangalore filed under Section 85, 115(2) of BNS, 2023 and Section 3 & 4 of Dowry Prohibition Act, 1961. ii. The Respondent/wife shall withdraw the case filed by her against the petitioner/husband registered in Crl. Misc. No.1061/2025 pending before 2nd Additional Principal Family Court, Bangalore filed under Section 144 of BNSS, 2023 seeking maintenance. The Petitioner/husband shall withdraw the above case i.e., M.C. No.6661/2025 filed by him against the Respondent/wife seeking dissolution of marriage. iv. The Petitioner/husband shall withdraw the case filed by him against the Respondent/wife and her family members registered in C.C. No.919/2026 pending before 32nd ACJM, Bangalore filed under Section 115(2), 329(3) & 190 of BNS, 2023. - 6 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 v. The petitioner/husband shall withdraw the case filed by him against the respondent/wife registered in G&WC No.413/2025 pending before 6th Additional Principal Family Court, Bangalore seeking custody of the child. vi. That, the Petitioner/husband's family members have filed a Crl. Petition No.16978/2025 before the Hon'ble High Court of Karnataka, Bangalore seeking quashing of the C.C. No.9174/2026 pending before 39th ACJM, Bangalore filed under Section 85, 115(2) of BNS, 2023 and Section 3 & 4 of Dowry Prohibition Act, 1961. That, the Petitioner/husband's shall also prefer a Petition seeking for quashment of the said case pending against him and the Respondent/wife shall file an affidavit in both the cases stating, NO Objection for quashment of the entire case. vii. That, the Respondent/wife has filed a Crl. Petition No. 2700/2026 before the Hon'ble High Court of Karnataka, Bangalore seeking quashing of the C.C. No.919/2026 pending before 32nd ACJM, Bangalore filed under Section 115(2), 329(3) & 190 of BNS, 2023 and the Petitioner/husband shall file an affidavit stating NO Objection for quashment of the entire case. viii. Further, In view of the above settlement the both the parties have agreed to take necessary steps in accordance with law to withdraw/settle the above stated cases filed against each other. 5. The parties have agreed that, apart from the above they have no other claims of whatsoever nature either past, present or future including claims over the movables or immovable properties belonging to each other, either existing or to be acquired in future. 6. Both parties agree mutually that in future is any dispute arises between them, they shall resolve it amicably by directly talking to each other without involving any of their respective family members or by approaching the police station or the Hon'ble Court. This is decided in the interest of not only both the parties but also for the well being of the minor child. - 7 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 7. Both the parties undertake that there will be no interference of the families of either of the parties in their matrimonial lives. 8. Both the parties state that they have no allegations against each other and also they are withdrawing their allegations made in the above stated cases, 9. Both parties admit and agree that the is no force, fraud or any undue influence to enter into this compromise in the aforesaid manner and they admit they have voluntarily agreed to the aforementioned terms. III. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to pass appropriate order in terms of this settlement agreement. IV. Parties will appear on 15.04.2026 before the Hon'ble Court for passing orders in terms of the agreement.” In the light of the fact that the parties have arrived at settlement and since it is a marital dispute and the parties have reunited and living together, I deem it appropriate to accept the terms of the memorandum of settlement and terminate the proceedings against the petitioners, as the allegations are not against the State. 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. - 8 - HC-KAR NC: 2026:KHC:33627 CRL.P No. 2700 of 2026 (ii) The proceedings in C.C.No.919/2026, pending before the 32nd Additional Chief Judicial Magistrate, Bengaluru, stand quashed. I.A.No.1/2026 also stands disposed, as a consequence. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 3 Sl No.: 59