- 1 - HC-KAR NC: 2026:KHC:35463 CRL.P No. 8320 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8320 OF 2026 BETWEEN: 1. MR. S.M.A.K AZAD S/O LATE KHADER BASHA AGED ABOUT 43 YEARS 2. MS. AYESHA W/O LATE KHADER BASHA AGED ABOUT 66 YEARS PRESENTLY AT NO.67/134, SBI COLONY, MARIAPURAM, KADAPA, ANDHRA PRADESH - 516 001 PREVIOUSLY AT R/NO.9, 2ND MAIN, VENKATAPPA REDDY LAYOUT, D.R.D.O 2ND PHASE, KAGGADASPURA, C.V.RAMAN NAGAR POST, BENGALURU - 560 093. …PETITIONERS (BY SRI. P. NEHRU, ADVOCATE) AND: 1. STATE OF KARNATAKA REP BY THE S.H.O. MADIWALA P.S, BENGALURU - 560 068 REP. BY SPP, HIGH COURT BUILDING. Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:35463 CRL.P No. 8320 of 2026 2. MS. RAHAMATH BEE, W/O.S.M.AK . AZAD D/O PEERAN SAHIB, AGED ABOUT 39 YEARS. NO. 139, 7TH CROSS, 13TH MAIN, H.S.R. LAYOUT, SECTOR 5, BENGALURU - 560 102 …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R1; SRI. MANJU BYRAL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.20020/2013 ARISING OUT OF CR.NO.78/2013 REGISTERED BY THE RESPONDENT NO.1 IN MADIWALA P.S., AGAINST THE PETITIONERS FOR THE OFFENCE P/U/S 498(A) OF IPC, U/S 3 AND 4 OF D.P ACT, PENDING BEFORE THE LEARNED 39th ACMM, BENGALURU. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners call in question the proceedings in C.C.No.20020/2013 registered for an offence punishable under Section 498A of the Indian Penal Code, 1860 ('the IPC' for short) and Sections 3 and 4 of the Dowry Prohibition Act. - 3 - HC-KAR NC: 2026:KHC:35463 CRL.P No. 8320 of 2026 2. Heard Sri. P. Nehru, learned counsel appearing for the petitioners, Smt. Rashmi Patel, learned High Court Government Pleader appearing for respondent No.1, Sri. Manju Byral, learned counsel appearing for respondent No.2 and have perused the material on record. 3. During the pendency of these proceedings, it transpires that the parties to the lis have entered into a settlement and the memorandum of settlement reads as follows: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. The Petitioner has filed this petition against the Respondent under Section 2 (ix) of dissolution of the Muslim Marriage Act 1939 for dissolution of her marriage with the respondent/husband. II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the Petitioner along with her counsel and Respondent in person were present, they have identified each other and resolved their dispute and have agreed to the following terms and conditions: 1. The petitioner and the respondent are Muslim by religion. Their marriage was solemnized on 27.02.2011 at Madanapalle as per Muslim rites and customs. Subsequently their marriage is registered on 16.04.2011 before the Marriage Officer Madanapalle vide S.M. No. 8 of 2011 at volume no.4. - 4 - HC-KAR NC: 2026:KHC:35463 CRL.P No. 8320 of 2026 2. The parties state and admit that due to irreconcilable differences and incompatibility of temperaments, they are living separately from January 2013. The efforts made by the elders, friends and well wishers to resolve the differences between the parties did not yield any fruits. There is absolutely no chance of a reunion between them. The petitioner and the respondent know that their marriage is irretrievably broken down and there are no chances of reunion to lead a happy married life. Hence, the petitioner and the respondent have decided to get the marriage dissolved by a decree of divorce. 3. Both the parties state that they have a daughter by name S.Javeria born on 16.09.2013 who is presently under the care and custody of the Petitioner/Mother and shall continue to be so in future for which the Respondent/Father has no objection. However it is agreed between the parties that the Petitioner/Mother shall be the sole custodian and guardian to the minor daughter in future and she shall be the sole signatory to all the legal documents pertaining to the minor daughter for which the Respondent/Father has no objection. 4. The Respondent has agreed to pay an amount of Rs.35,00,000/-(Rupees Thirty Five Lakhs Only) to the petitioner towards permanent alimony/maintenance which includes well being expenses of minor daughter such as education, medical and day to day upbringing expenses of the minor daughter as full and final settlement of all her claims either past, present or in future the petitioner has agreed to receive the same. the respondent has agreed to pay the agreed amount of Rs.35,00,000/- in the following manner: 1. Rs.25,00,000/- by way of Demand Drafts bearing no.726830 dated 15.04.2026 for Rs.15,00,000/- drawn on M/s Indian Bank, Amaravathi Branch and D.D.Bearing No.509370 dated 20.04.2026 for Rs. 10,00,000/- drawn on ICICI Bank, Bangalore and the same shall be handed over to the petitioner at the time of reporting the settlement before this Hon'ble court. - 5 - HC-KAR NC: 2026:KHC:35463 CRL.P No. 8320 of 2026 2. The respondent has agreed to pay balance amount of Rs.5,00,000/- before the hon'ble II Addl. Principal Judge, family court, Bengaluru at the time of closure of Crl. Misc No.653/2021 and Crl. Misc. No.242/2025. 3. The respondent has agreed to pay an amount of Rs.5,00,000/- by way of D.D/RTGS before the Hon'ble High Court of Karnataka at the time of closing/quashing of C.C.No.20020/2013, pending before the Hon'ble 39th ACJM, Bengaluru. 5. Both the parties state that they have no claims of maintenance/permanent alimony against each other either past, present or in future as both of them are capable of maintaining themselves. 6. Both the parties further state that they have no claims of whatsoever over the movable or immovable properties belonging to each other either existing or to be acquired. 7. In view of this settlement arrived between the parties the petitioner has agreed to withdraw the Crl.Misc. No.653/2021 and Crl. Misc. No.242/2025 arising out of Cr. Misc. No.291/2013 pending before II Addl. Principal Judge, family court, Bengaluru and she will not press the order passed by the Hon'ble court in Crl. Misc. No.291/2013. 8. In view of this settlement arrived between the parties the petitioner is not inclaimed to proceed further in C.C.No. 20020/2013 pending before the Hon'ble 39th ACJM, Bengaluru for the alleged offences punishable u/s 498(A) of IPC R/W Sec. 3&4 of D.P Act and as such the petitioner has agreed to co-operate with the respondent to quash/closure of the above said Criminal case pending against the respondent herein. 9. Likewise, the respondent has agreed to withdraw the Criminal Revision petition No.562/2025 pending before the Hon'ble City Civil and Session Judge (CCH-46). - 6 - HC-KAR NC: 2026:KHC:35463 CRL.P No. 8320 of 2026 10. Both the parties undertakes to withdraw all the derrogatory allegations made against each other either in this petition or other pending cases. 11. Both parties undertake to delete all the Photo/audio/video/recordings of each other which are in their possession and indemnify other's privacy. Both the parties herein undertake that they shall restrain themselves for making any statements/allegations against each other in any public/social forums/platform. 12. Both the parties further state that there has been no collusion or force, fraud or any undue influence in entering into this settlement agreement in the aforesaid manner. 13. Both the parties admit that they shall not interfere in the lives of each other in future. 14. In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble Court be pleased to dissolve the marriage solemnized on 27.02.2011 at Madanapalle as per Muslim rites and customs and cancel the marriage certificate registered on 16.04.2011 before the Marriage Officer Madanapalle vide S.M. No. 8 of 2011 at volume no.4 by granting a decree of divorce in terms of this agreement. III. Parties will appear on 28.04.2026 before the Hon'ble Court for passing of orders in terms of the agreement." 4. The petitioner hands over a demand draft of Rs.5,00,000 to the respondent counsel, which is acknowledged by the learned counsel and the complainant, who were present before the Court. - 7 - HC-KAR NC: 2026:KHC:35463 CRL.P No. 8320 of 2026 5. In light of the settlement arrived at between the parties as afore-quoted, I pass the following: ORDER i. Criminal Petition is disposed. ii. Proceedings against the petitioners in C.C.No.20020/2013 pending before the 39th Additional Chief Metropolitan Magistrate, Bengaluru, stands quashed. Sd/- (M.NAGAPRASANNA) JUDGE JY List No.: 1 Sl No.: 90