- 1 - HC-KAR NC: 2026:KHC:34477 CRL.P No. 8034 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 8034 OF 2025 BETWEEN: 1. SUAHANA BANU, AGED ABOUT 23 YEARS, D/O SYED FAYAZ, RESIDING AT NO.157, 1ST MAIN, 6TH CROSS, BANDEPALYA, BOMMANAHALLI, BANGALORE -560 068. 2. SHATHAJ BANU, AGED ABOUT 39 YEARS, W/O SYED FAYAZ, RESIDING AT NO.157, 1ST MAIN, 6TH CROSS, BANDEPALYA, BOMMANAHALLI, BANGALORE -560 068. 3. RAFIYA BANU, AGED ABOUT 22 YEARS, D/O SYED FAYAZ, RESIDING AT NO.157, 1ST MAIN, 6TH CROSS, BANDEPALYA, BOMMANAHALLI, BANGALORE -560 068. 4. ALIYA BANU, AGED ABOUT 13 YEARS, Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:34477 CRL.P No. 8034 of 2025 D/O SYED FAYAZ, RESIDING AT NO.157, 1ST MAIN, 6TH CROSS, BANDEPALYA, BOMMANAHALLI, BANGALORE -560 068. (SINCE MINOR REPRESENTED BY MOTHER SHATHAJ BANU) 5. MEHEK BANU, AGED ABOUT 18 YEARS, D/O SYED FAYAZ, RESIDING AT NO.157, 1ST MAIN, 6TH CROSS, BANDEPALYA, BOMMANAHALLI, BANGALORE -560 068. 6. RUKSAR BANU, AGED ABOUT 20 YEARS, D/O SYED FAYAZ, RESIDING AT NO.157, 1ST MAIN, 6TH CROSS, BANDEPALYA, BOMMANAHALLI, BANGALORE -560 068. 7. SYED FAYAZ, AGED ABOUT 49 YEARS, S/O SYED IBRAHIM SAAB, RESIDING AT NO.157, 1ST MAIN, 6TH CROSS, BANDEPALYA, BOMMANAHALLI, BANGALORE -560 068. …PETITIONERS (BY MS.SHUHAIBA K.S., ADVOCATE FOR MS. LAKSHA KALAPPA B., ADVOCATE) - 3 - HC-KAR NC: 2026:KHC:34477 CRL.P No. 8034 of 2025 AND: 1. THE STATE OF KARNATAKA, THROUGH THE STATION HOUSE OFFICER, BANDEPALYA POLICE STATION, BENGALURU - 560 001. REPRESENTED BY S.P.P. 2. AYESHA FATHIMA, FAYAZ ALI KHAN, AGED ABOUT 39 YEARS, RESIDING AT NO.157, 6TH CROSS, AMBEDKAR NAGARA, BANDEPALYA, BENGALURU CITY, KARNATAKA. …RESPONDENTS (BY SRI.K.NAGESHWARAPPA, HCGP FOR R1; SRI.GOPALA G., ADVOCATE FOR R2) THIS CRL.P. IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO 1. QUASH THE FIR REGISTERED IN CR.NO.47/2025 DATED 15.04.2025 AT BANDEPALYA P.S., BENGALURU, FOR THE O/P/US/ 115(2), 118(1), 351(2) AND 352 OF THE BNS, AND CONSEQUENTLY THE COMPLAINT DATED 15.04.2025 AS AGAINST THE PETITIONERS HEREIN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA - 4 - HC-KAR NC: 2026:KHC:34477 CRL.P No. 8034 of 2025 ORAL ORDER The petitioners are before this Court calling in question the registration of a crime in Crime No.47/2025 for the offences punishable under Sections 115(2), 118(1), 351(2) and 352 of the BNS, 2023. 2. Heard Ms. Shuhaiba K.S., learned counsel appearing for the petitioners, Sri. K. Nageshwarappa, learned HCGP appearing for respondent No.1, Sri. Gopala G., learned counsel appearing for respondent No.2 and have perused the material on record. 3. The petitioners are the other family members of accused No.1, the husband. Respondent No.2 is the complainant. The two after the registration of the crime, have executed a Khulanama, which depicts closure of the present proceedings. The conditions of settlement read as follows: "NOW THIS DEED OF MEMORANDUM OF UNDERSTANDING AND KHULANAMA BY MUTUAL CONSENT WITNESSETH AS FOLLOWS Thus, in view of the foregoing reasons and marital parties of the first part and second part declare that the relationship between the first party and second party has come to an end, forthwith by Khula through dissolution of - 5 - HC-KAR NC: 2026:KHC:34477 CRL.P No. 8034 of 2025 their marriage as per Islamic law, the first party and second party ceases to be wife and husband. Both the First Party and the Second Party mutually decided that the above-said child will be in the custody of the First Party (mother). The First Party has taken all the responsibilities of maintenance, Education, Medical, and other expenses for the future of the said child on her own. The Party of the Second Part paid cash sum of Rs.1,50,000/- (Rupees One Lakh Fifty Thousand) as Permanent Alimony and future maintenance to the First Party and above said child, and the first party acknowledged as received. The first party of the Second Part Sister (Ayesha Fathima F) will withdrawal the criminal case filed on 15/04/2025 in Bandepalya Police Station, Electronic City Sub Division against the first party and her family (A-1 to A-6, Crime Number-0047/25) and the second party has taken the responsibility to withdrawal the cane mentioned above. The first party confirmed that she has no claims with the Second Party. The First Party hereby waives off the MEHER / NAFQA E IDDAT, past and future maintenance of herself by the way of EWAZ or equivalent or in other words known as consideration of KHULA. Thus, she gives up all the claims of past and future maintenance. The First Party of the first part further undertakes not to claim any maintenance of past or future. The Party of the second part also gives up all the claims of past and future. Both, the First Party and the Second Party confirms they that have received all the belongings, Cloths, furniture, etc. and both the parties acknowledges the receipt of the same as full and final. The party of the first part declares that she would not approach any court of law, Women's organizations, and Women's Police station and file any cases, reopen any case or make any allegations against Second Party or his family. The Party of the first part confirms that she has no claim with the second party to whatsoever manner. The Party of the second part also declares that he will not approach any court of law, police station and file any case - 6 - HC-KAR NC: 2026:KHC:34477 CRL.P No. 8034 of 2025 or make any allegations against the first party and the first party family. The Party of the second part confirms that he has no climbs with the first party in whatsoever manner." 4. In the light of the settlement arrived at between the husband and the wife by execution of the aforesaid Kulanaama, further proceedings being permitted to continue would become an abuse of the process of the law. 5. For the aforesaid reasons, the following: ORDER (i) The petition is disposed. (ii) Proceedings pending in Crime No.47/2025 stands quashed qua the petitioners. (iii) It is made clear that the subject settlement would not become applicable, if any other criminal proceedings are pending between the parties and the subject petition concerns Crime No.47/2025 only. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 2 Sl No.: 28