- 1 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 31ST DAY OF JULY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5064 OF 2023 BETWEEN: 1. MR MASOOD SHARIEFF S/O MALIK SHARIEFF AGED ABOUT 35 YEARS R/AT 53, 3rd CROSS MARAPPA GARDEN NEAR 119 BUS STOP BANGALORE NORTH, BANGALORE KARNATAKA 560046 2. MR. MALIK SHARIEFF S/O ABDUL KHADIR AGED ABOUT 67 YEARS R/AT 53, 3rd CROSS MARAPPA GARDEN NEAR 119 BUS STOP BANGALORE NORTH, BANGALORE KARNATAKA 560046 3. MRS. FATHIMA KOUSER W/O MALIK SHRIEFF AGED ABOUT 67 YEARS R/AT 53, 3rd CROSS MARAPPA GARDEN NEAR 119 BUS STOP BANGALORE NORTH, BANGALORE Digitally signed by PADMAVATHI B K Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 KARNATAKA 560046 4. MRS. MAHVESH FATHIMA D/O MALIK SHARIEFF AGED ABOUT 32 YEARS R/AT 53, 3rd CROSS MARAPPA GARDEN NEAR 119 BUS STOP BANGALORE NORTH, BANGALORE KARNATAKA 560046 …PETITIONERS (BY SRI: NAVEED AHMED.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY J C NAGAR POLICE STATION REPRESENTED BY PUBLIC PROSECUTOR CITY CIVIL COURT COMPLEX BANGALORE 560001 2. MRS. NABEELAH D/O R MOHAMMED IBRAHIM W/O MASOOD SHARIFF AGED ABOUT 30 YEARS R/AT NO. 187, 18th CROSS 1st BLOCK, R T NAGAR BANGALORE 560032 …RESPONDENTS (BY SRI: K NAGESHWARAPPA, HCGP FOR R1; SRI: D C GANGADHARA, ADV FOR R2) - 3 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 THIS CRL.P IS FILED UNDER SECTION 482 CR.PC BY THE PETITIONER PRAYING TO QUASH THE FIR AND COMPLAINT REGISTERED VIDE CR.NO.62/2023 BY J.C. NAGAR POLICE STATION FOR OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 READ WITH SECTION 34 OF IPC, 1860, AND SECTIONS 3 AND 4 DOWRY PROHIBITION ACT 1961, PENDING ON FILE OF VIII ADDITIONAL CHIEF METROPOLITAN MAGISTRATE, (8-ACMM) PRODUCED HEREIN AT ANNEXURE A AND B RESPECTIVELY. THIS CRL.P, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Heard Naveed Ahmed, learned counsel appearing for the petitioners, Sri K. Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1, Sri. Gangadhar D.C., learned counsel appearing for respondent No.2 and have perused the material on record. 2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint memo along with an affidavit. The joint memo reads as follows: "JOINT MEMO" - 4 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 ." The Petitioner No.1 and the matter most respectfully submits a respondent No.2 in the above as under: 1. That 2nd respondent is and the petitioner were husband and wife 2. That due to some matrimonial issue and in compatibility they got separated from each others company 3. That and respondent de facto complainant filed a criminal complaint before the J C Nagar Police which is registered for the 34 OF IPC. 1860 and Sec. 3 and 4 of Dowry Prohibition Act 1961. offence punishable under Section 498A. 323, 504, 506 B/W SEC Pending on file of VIII Additional Chief Judicial Magistrate (8-Ac)m), Bengaluru as against the petitioners. This Hon'ble Court granted the stay against the petitioner No. 2 to 4 vide its order dated 19-06-2023 hence the respondent police filed Charge Sheet against the petitioner No.1 which is numbered as CC NO 23847/2023. 4. That during the pendency of the proceedings due to intervention of the elders and family members of both the side the 2nd respondent and petitioner No.1 have decided to end their marriage and put an end to all the disputes pending before the trial courts. Hence the 2nd respondent filed suit for dissolution of their marriage which is numbered as MC No.204/2026 pending before the III additional Principal Judge Family Court at Bengaluru. 5. It is submitted that all the differences and disputes between the petitioner and respondent No.2 are resolved. That the agreed It is submitted that all the differences and disputes between the terms as follows: a) Both the parties admit the relationship of wife and husband and their marriage was solemnized on 15.11 2019 at Masjid-e-Aala, R TNagar, Bengaluru-560032, as per Islamic rites and customs. b) Both the parties state that they have a daughter by name Misbah Fathima Sharieff, bornehav8.01 daughterrom their wedlock presently under the care and - 5 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 custody of the Respondent No.2/ mother and continue to be so in future for which the Petitioner No. 1/father has no objection. c) That due to irreconcilable differences and Incompatibility of temperaments, the parties are living separately since 2020. 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 reunion amongst them. d) The Petitioner No.1/father shall have visitation rights once in 15 days at any convenient place which shall be decided by both the parties wherein the Petitioner No.1 shall inform the Respondent No.2 one day in advance regarding place and time of visit by way of phone call/whatsapp to the mobile No.9980761227. The Respondent No.2 shall inform about the child's academic progress as and when the same is informed by the school/educational institution. The Respondent No.2 shall be abide by the terms of visitation of the child and she shall not prevent the child from meeting the Petitioner No.1/father. e) The Respondent No.2 shall be the sole signatory for all the child's educational records, passport, visa etc and any other government records. f) The Petitioner No.1 has agreed to pay a sum of Rs.20,000/-(Rupees Twenty Thousand Only) per month on or before 10th of every calendar month from May 2026, towards child's educational and day to day expenses The pending maintenance amount of Rs.60,000/- for the month of May. June and July 2026 has been paid by way of demand draft bearing No.961067 dated 10.07.2026 drawn on The South Indian Bank Ltd, City Branch, Bengaluru and same shall be handed over to the Respondent No.2 at the time of reporting the final settlement. Every month maintenance amount of Rs.20,000/- shall be directly paid to the account of minor child Misbah FathimaSharieff bearing account No.4056427507 IFSC Code: KKBK0008070 at Kotak Mahindra Bank, R T Nagar Branch, Bengaluru - 6 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 g) Both the parties agree that they do not have any articles need to be exchanged and they admit that they have no other claims on any articles against each other for present and future. h) The Petitioner No.1 has agreed to pay a sum of Rs. 5,00,000/- (Rupees Five Lakhs Only) to the Respondent No.2 towards all her claim of full and final settlement by way of demand draft bearing No.961065 dated 07.07.2026 drawn on South Indian Bank, City Branch, Bengaluru, the same shall be handed over to the Respondent No.2 before the Hon'ble High Court of Karnataka in Crl. P No.5064/2023 at the time of quashing C.C No.23847/2023 pending before VIII ACJM. i) The Petitioner No.1 is paying a sum of Rs.1,00,000/- (Rupees One Lakh Only) to the Respondent No.2 towards Iddath by way of demand draft bearing No.961066 dated 08.07.202 drawn on South Indian Bank, City Branch, Bengaluru, sam is handed over to the Respondent No.2in Crl. Misc. N 12/2024 filed under Section 12 of D V Act before MMTC-Bengaluru. The 2nd respondent has withdrawn the s petition on 15-07-2025. j) The Petitioner No.1 has transferred a sum of Rs.5,00,00 towards the child's welfare to the account of the RTGS bearing daughter by way of No.SIBLR52026070900434032 in turn the Respondent No.2 has converted the said amount in to FD in name of tim Misbah Fathima Sharieff as per Fixed Deposit Bank RT Nagar Branch, Bengaluru for a period of 30 months account bearing St No.8572611222457 at Kotak Mahindra nom 10.07 2026 to 10.01.2029 (maturity date), the same Shall be renewed until the child attains the age of majority. k) The Respondent No.2 had filed a criminal complainant before JC Nagar Police Station wherein the said police have filed Charge Sheet which is presently pending before VIII ACM, Bengaluru in C.C No.23847/2023 and the respondent has filed Crl P No. 5064/2023 pending before High Court of Karnataka, Bengaluru for quashing of said Criminal case. The Respondent No.2 has agreed to cooperate in ensuring closure/quashment of the said - 7 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 complaint either before Trial court or before the Hon'ble High Court of Karnataka, Bengaluru. l) The parties state that, they have no claims of whatsoever other either towards nature against each maintenance/permanent alimony or in respect of movable/immovable properties belonging to each other either past, present or future. m) The parties have entered into this memorandum settlement out their free will and conscience without any force undue influence or coercion from anyone. 6. That, in compliance of the terms of settlement the parties h already withdrawn the allegation made against each other and willing to prosecute or pursue the matter against each other. petitioners are presenting this Joint Memo along with application seeking leave of this Hon'ble Court to withdraw the complaint order to put an end to disputes between them. WHEREFORE it is prayed that this Hon'ble Court may be pleased to accept the settlement and quash proceedings No.23847/2023 arising out of Crime 62/2023 registered v Nagar Police, for the offence punishable under Section 498 504, 506 R/W SEC. 34 OF IPC, 1860 and Sec. 3 and 4 of Dowry Prohibition Act, 1961, Pending on file of VIII Additional Chief Judicial Magistrate (8-ACJM), Bengaluruas against the petitioners in the interest of justice and equity." 3. The petitioner who is present before the Court hands over a demand draft of Rs.5,00,000/- through his counsel towards full and final settlement of the claims between the two. 4. The learned counsel for the respondent No.2 has accepted the same and the complainant is also present before the court. - 8 - HC-KAR CNR: KAHC010279702023 NC: 2026:KHC:40251 CRL.P No. 5064 of 2023 5. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the joint memo and close the proceedings against the petitioners in the subject petition. 6. The crime so registered against these petitioners as well as the charge sheet so filed pursuant to the crime in C.C.No.23847/2023 stands quashed. 7. For the aforesaid reasons, the following: ORDER (i) Criminal Petition is disposed. (ii) Proceedings in C.C.No.23847/2023 pending before the VIII Additional Chief Judicial Magistrate (8-ACJM), Bengaluru, stands quashed qua the petitioners. Sd/- (M.NAGAPRASANNA) JUDGE HR List No.: 2 Sl No.: 45