- 1 - HC-KAR CNR: KAHC010453612026 NC: 2026:KHC:36245 CRL.P No. 9747 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 15TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 9747 OF 2026 BETWEEN: 1. MOHAMMED SHANDAR, S/O MOHAMMAD ZAKAULLA, AGED ABOUT 38 YEARS, NO.25, 8TH 'A' MAIN ROAD, NEW GURAPPANA PALYA, BANNERGHATTA ROAD, BANGALORE. 2. MOHAMMED ZAKAULLA, S/O CHOTE SAB, AGED ABOUT 70 YEARS, NO.25, 8TH 'A' MAIN ROAD, NEW GURAPPANA PALYA, BANNERGHATTA ROAD, BANGALORE - 560029. 3. SMT. KANEEZE FATHIMA, W/O MOHAMMED ZAKAULLA, AGED ABOUT 61 YEARS, NO.25, 8TH 'A' MAIN ROAD, NEW GURAPPANA PALYA, BANNERGHATTA ROAD, BANGALORE - 560029. …PETITIONERS (BY SRI SHREENIVASA G A, ADVOCATE) Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010453612026 NC: 2026:KHC:36245 CRL.P No. 9747 of 2026 AND: 1. STATE OF KARNATAKA, WOMEN P.S. DEVARAJA SUB-DIVISION, MYSURU CITY - 570001. REP. BY SPP, HIGH COURT OF KARNATAKA, BENGALURU 560001. 2. MRS. SYEDA ZAIBA FIRDOUS, D/O SYED ANWAR, NO.2626, PULAKESHI ROAD, EREKATTE STREET, LASHKAR MOHALLA, MYSORE CITY - 570001. …RESPONDENTS (BY SMT. RASHMI PATEL, HCGP FOR R-1) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. ALLOW THE PETITION; 2. TO QUASH THE ENTIRE PROCEEDINGS PENDING AGAINST THE PETITIONERS IN C.C.NO.265/2015 ON THE FILE OF THE V ADDL.CIVIL JUDGE (SR.DN) AND J.M.F.C. COURT, JLB ROAD, MYSURU FOR THE OFFENCES P/U/S 498A, 506, 34 OF IPC AND SEC.3,4 OF D.P ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR CNR: KAHC010453612026 NC: 2026:KHC:36245 CRL.P No. 9747 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court calling in question proceedings in C.C.No.265/2015, pending before the V Addl. Civil Judge (Sr. Dn) and J.M.F.C. Court, Mysuru, for the offences punishable under Sections 498-A, 506, 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act. 2. Heard Sri.Shreenivasa G.A., learned counsel appearing for the petitioners, Smt.Rashmi Patel, learned HCGP appearing for respondent No.1 and have perused the material on record. 3. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves before the Coordinate Bench in RPFC No.25/2025 C/w RPFC No.228/2024, whereby they had filed a Memorandum of Settlement to that effect. The said Memorandum of Settlement reads as follows: “MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CPC READ WITH RULES 24 AND 25 OF THE - 4 - HC-KAR CNR: KAHC010453612026 NC: 2026:KHC:36245 CRL.P No. 9747 of 2026 KARNATAKA CIVIL PROCEDURE (MEDIATION) RULES, 2005. I. The Petitioner has filed above petition challenging the order dated 17.08.2024 passed by the Court of the Hon'ble Principal Family Court, Mysuru in Crl.Misc.No. 267/2015 awarding maintenance of Rs. 4000/- (Rupees Four Thousand Only) P.M. II. The petitioner states earlier RPFC No.18/2019 was filed, which was disposed of by the order dated 05.06.2024 setting aside the impugned order and directing the parties to appear before the Family Court, Mysuru, on 01.07.2024 without further notice and to file their respective statements/affidavits of assets and liabilities. Further the Family Court, Mysuru was directed to dispose off the matter within outer time limit of two months. Accordingly the petition was disposed off by the order dated 17.08.2024 granting the maintenance of Rs.4,000/- (Rupees Four Thousand Only) P.M., after the petitioner herein filed his affidavit of assets and liabilities and the wife/respondent failing to file the same. III. Both parties state that the respondent/wife has also filed a complaint against petitioner/husband before Womens Police Station, Mysuru for an offence under section 498A, 506, 34 of IPC R/w section 3 & 4 of D.P.Act, which has culminated in the police filing a charge sheet against the petitioner/husband and in-laws, in C.C.No.265/2015 before the IV Addl. Senior Civil Judge & JMFC, Mysuru which is pending adjudication. Against the said charge sheet the petitioner and others have filed Crl. Pet. No.3961/2024 before this Hon'ble Court which is also pending adjudication. Both the parties state that earlier the respondent/wife had filed a petition under section 12 of D.V.Act in Crl.Misc. No.280/2016, before the Hon'ble Principal Judge & JMFC, Mysuru which was disposed off on 25.11.2024 for default. - 5 - HC-KAR CNR: KAHC010453612026 NC: 2026:KHC:36245 CRL.P No. 9747 of 2026 IV. In view of the parties prosecuting the cases against each other, their relationship is strained and that they are not able to live together as husband and wife and the marriage between them has broken down and they have been living separately. As such they have decided to part ways in an amicable manner. V. During the course of mediation the parties in consultation with their respective advocates have settled the matter in the following terms and conditions. 1. The petitioner/husband has agreed to pay a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the respondent/wife as full and final settlement of all her claims. This is in addition to what has been already paid as per the Court Order. The respondent/wife has agreed to accept the said sum as full and final settlement of all her claims. The petitioner/husband has agreed to pay the said sum before the Hon'ble Court at the time of recording settlement by way of demand draft. 2. The petitioner/husband also has no objection for the respondent/wife to retain the gold and valuables which is in her custody. 3. Further both parties have been living separately for fairly considerable length of time, on the basis of the talaq pronounced earlier. However to have clarity in the matter the respondent/wife has also executed a Khulanama. The petitioner/husband also has executed a Talaqnama in this regard. Both the parties state that these two documents form part and parcel of this memorandum of settlement. 4. Both the parties state that apart from the above they do not have any claim against each other in respect of alimony, either present, past or future as also in respect of the properties held by each one of them either in the present or to be held in future. - 6 - HC-KAR CNR: KAHC010453612026 NC: 2026:KHC:36245 CRL.P No. 9747 of 2026 5. The respondent/wife agrees and undertakes to co- operate with the petitioner/husband and her in- laws in closing/quashing the case in C.C.No.265/2015 before the IV Addl. Senior Civil Judge & JMFC, Mysuru by producing a certified copy of this agreement and also to get the Crl.Pet.No.3961/2024 dispose off before this Hon'ble Court. 6. Both parties state that they will not interfere with each other in future and make a peaceful living without resorting to filing of cases or complaint/s. VI In view of the aforesaid agreement entered into between the parties, the parties pray that this Hon'ble High Court be pleased to pass appropriate order allowing both the petitions as also the Crl.Pet. No. 3961/2024 and pass appropriate orders as this Hon'ble Court may deem fit in the circumstances of the case. VII. Parties shall appear before the Hon'ble High Court of Karnataka for passing necessary orders in terms of the agreement whenever the matter is listed before the Hon'ble Court.” 4. The parties to the lis are present before the Court and are identified by their respective counsels. 5. In the light of Memorandum of Settlement being filed and offences not being against the State, I deem it appropriate to accept the said Memorandum of Settlement as quoted supra and terminate the proceedings against the petitioners in the subject petition. - 7 - HC-KAR CNR: KAHC010453612026 NC: 2026:KHC:36245 CRL.P No. 9747 of 2026 6. For the aforesaid reasons, the following: ORDER [I] Criminal Petition is disposed. [II] Proceedings in C.C.No.265/2015, pending before the V Addl. Civil Judge (Sr. Dn) and J.M.F.C. Court, Mysuru, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE CBC List No.: 2 Sl No.: 79