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2026 DAILYLAW 36734 (KAR)

MR SYED MUJAHID v. THE STATE OF KARNATAKA

CRL.P/10309/2022 · 2026-08-20

Ravi V Hosmani

Public Interest Litigationbody2026

Judgment text

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- 1 - HC-KAR CNR: KAHC010477312022 NC: 2026:KHC:45280 CRL.P No. 10309 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 20TH DAY OF AUGUST, 2026 BEFORE THE HON'BLE MR. JUSTICE RAVI V HOSMANI CRIMINAL PETITION NO. 10309 OF 2022 BETWEEN: MR. SYED MUJAHID S/O MR. SYED SAYEED AHMED AGED ABOUT 50 YEARS, RESIDING AT NO.24, 9TH CROSS 6TH MAIN, PILLAPPA BLOCK, GANGANAGAR, BANGALORE - 560 032. CURRENTLY AT R/A AL-QUSAIS INDUSTRIAL AREA, NEAR PASON HYPER MARKET, DUBAI. …PETITIONER (BY SRI. CHETAN KUMAR N.V, ADVOCATE FOR SRI. SADANAND G. SHASTRI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY TILAK NAGAR POLICE STATION, BENGALURU, REPRESENTED BY PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE. 2. MRS. HAJIRA TABASSUM W/O MR. SYED MUJAHID D/O MOHAMMED NIZAM AGED ABOUT 43 YEARS, RESIDING AT NO.635, 34TH CROSS, Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010477312022 NC: 2026:KHC:45280 CRL.P No. 10309 of 2022 22ND MAIN ROAD, 4TH T BLOCK JAYANAGAR, BANGALORE - 560 041. …RESPONDENTS (BY SRI. MAHESHA P, HCGP FOR R1; SMT. HEMALATHA M.K, ADVOCATE FOR SRI. H.M. MURALIDHAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO.14390/2016 FOR THE OFFENCE P/U/S 498(A) AND 506 OF IPC, WHICH IS PENDING ON THE FILE OF XXXVII ADDL.C.M.M., BENGALURU. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE RAVI V HOSMANI ORAL ORDER As per order dated 06.08.2026, matter was referred for mediation and report received from Mediation Centre indicates settlement between parties. 2. Learned counsel for parties submit that parties are present and are agreeable for disposal of petition, as settled. 3. A Memorandum of Settlement to said effect signed by counsel as well as by respective parties is filed. - 3 - HC-KAR CNR: KAHC010477312022 NC: 2026:KHC:45280 CRL.P No. 10309 of 2022 4. It is submitted that parties are present and are identified by their respective counsel. On interaction, parties state that they have understood terms of settlement and have agreed for same without any threat, coercion or inducement from anyone and seek for disposal of petition. 5. Learned counsel for parties submit that offences under Sections 406 and 342 of Indian Penal Code, 1860 (IPC) are compoundable and though offences under Sections 498A, 506 and 120B of IPC were non-compoundable, however, in view of settlement and since allegations made in complaint are purely inter partes and parties are husband and wife, who have since agreed to reconcile, permission may be granted for compounding. 6. Learned High Court Government Pleader for respondent-State fairly submits that appropriate orders may be passed. 7. Heard learned counsel and perused material on record. - 4 - HC-KAR CNR: KAHC010477312022 NC: 2026:KHC:45280 CRL.P No. 10309 of 2022 8. This petition is filed for quashing of entire proceedings in C.C.no.14390/2016 (arising out of Crime no.0006/2015 registered by Tilak Nagar Police Station) on file of XXXVII ACMM, Bengaluru, for offences punishable under Sections 498A, 506, 120B, 406 and 342 read with 34 of IPC. 9. During pendency of proceedings, as in terms of order passed by this Court, matter was referred for Mediation which has concluded successfully. An agreement containing terms of settlement is filed. Memorandum of settlement reads as follows- " II. The aforesaid petition was referred to mediation for resolving the dispute between the parties. During the course of mediation the parties and their respective advocates were present and have resolved their dispute on the following terms and conditions: 1. That the petitioner and the respondent no.2 are husband and wife, their marriage was solemnized between the petitioner and the respondent on 03.10.2002 in accordance with Shariah rites Governed by Mohammedan Law, at Hudson Memorial Church Community Centre, Bangalore. - 5 - HC-KAR CNR: KAHC010477312022 NC: 2026:KHC:45280 CRL.P No. 10309 of 2022 2. Both the parties state that they have two children born to them from this wedlock by name Ayman Ahmed Syed aged about 22 years and Arham Ahmed Syed aged about 17 years respectively both are residing at Bengaluru. 3. The petitioner is working at Dubai therefore both the children are staying with the mother/respondent no.2. 4. The petitioner agreed to pay a sum of Rs.35,000/- (Rupees Thirty Five Thousand Only) to the respondent no.2 towards the family expenses, the said amount will be paid on or before 10th of every month. It is agreed by the petitioner that he shall bear the educational, medical and other expenses of the family. 5. It is agreed by the parties that they have the locker bearing no.29 at State Bank of India, R T Nagar Branch, Bengaluru in joint names, the said locker will be opened by both of them and the ornaments kept in the said locker will be handed over to the respondent no.2 at the time of reporting this settlement before the Hon'ble Court. 6. That the respondent no.2 does not have any objection to quash the proceedings in C.C.no.14390/2016 pending on the file of XXXVII ACM., Bengaluru." - 6 - HC-KAR CNR: KAHC010477312022 NC: 2026:KHC:45280 CRL.P No. 10309 of 2022 10. On perusal of complaint averments, it is seen that dispute is purely inter parte arising out of matrimonial discord while parties have agreed to reconcile. Hence, it would be appropriate case for exercise of power under Section 482 of Cr.P.C. to meet ends of justice. 11. Hence, permission is granted for compounding of offences punishable under Sections 498A, 120B and Section 506 of IPC. Other offences i.e., Sections 406 and 342 of IPC are compoundable. 12. In view of above, Petition is allowed, proceedings in C.C.no.14390/2016 (arising out of Crime no.6/2015 registered by Tilak Nagar Police Station) on file of XXXVII ACMM, Bengaluru, for offences punishable under Sections 498A, 506, 120B, 406 and 342 read with 34 of IPC shall stand quashed. Sd/- (RAVI V HOSMANI) JUDGE HNM List No.: 1 Sl No.: 2