Extracted from the PDF above. The PDF is authoritative.
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HC-KAR
CNR: KAHC010374582023 NC: 2026:KHC:51528 CRL.P No. 6838 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 19TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 6838 OF 2023 BETWEEN:
1.
SHRI MOHAMMED RIZWAN S/O MOHAMMED BSIR AGED ABOUT 55 YEARS.
2.
SMT. AKLIMA W/O MOHAMMED RIZWANA AGED ABOUT 46 YEARS.
3.
MOHAMMED FOUZAN AGED ABOUT25 YEARS S/O MOHAMMED RIZWAN.
4.
MR. MOHAMMED NOUMANA AGED ABOUT 23 YEARS S/O MOHAMMED RIZWAN.
5.
MR. MOHAMMED AFFANA AGED ABOUT 20 YEARS S/O MOHAMMED RIZWAN
ALL ARE RESIDING AT NO.18/B 3RD MAIN ROAD, MAJID E MERAJA VIVEK NAGARA, VIVEK NAGAR BENGALURU CITY KARNATAKA 560 047.
6.
SHRI MOHAMMED ADNAN S/O MOHAMMED RIZWAN AGED ABOUT 31 YEARS R/A:NO.18/B, 3RD MAIN ROAD MASJID - E - MERAJA VIVEK NAGAR, BENGALURU - 560 047. …PETITIONERS (BY SRI SHRINIVASREDDY MAYANNAVAR, ADV., FOR SRI SHAHNAWAZ M. MAMADAPUR, ADV.)
Digitally signed by NANDINI M S Location:
HIGH COURT OF KARNATAKA
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HC-KAR
CNR: KAHC010374582023 NC: 2026:KHC:51528 CRL.P No. 6838 of 2023
AND:
1.
STATE OF KARNATAKA BY BASAVANAGUDI WOMEN POLICE STATION BANGALORE - 560 037 REPRESENTED BY SPP HIGH COURT OF KARNATAKA BANGALORE - 560 001.
2.
SMT. AYESHA FIRDOUSE W/O MOHAMMED ADNAN AGED 24 YEARS R/O FLAT NO 101 NO.92, MUNESHWARA BLOCK CHOLANAYAKANAHLLI R T NAGAR, BANGALORE CITY KARNATAKA - 560 032. …RESPONDENTS (BY SRI CHANNAPPA ERAPPA, HCGP FOR R-1;
SRI PRASHANTH P.N, ADV., FOR R-2)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR DATED 13.04.2022 IN CR.NO.125/2022 (ANNEXURE A) P/U/S 498A, 506 OF IPC AND D.P. ACT, 1961 U/S 3 AND 4 BY BASAWANAGUDI WOMEN POLICE AND THE PROCEEDINGS IN CRIMINAL CASE NO.31329/2022 ON THE FILE OF THE HONBLE XXXVII ADDITIONAL METROPOLITAN MAGISTRATE, BANGALORE ALONG WITH THE CHARGE SHEET FILED IN CR.NO.125/2022 (ANNEXURE B) AND GRANT SUCH OTHER OR FURTHER RELIEF/RELIEFS AS THIS HONBLE COURT MAY DEEM FIT IN THE CIRCUMSTANCES OF THE CASE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM:
HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
1. Accused nos.1 to 6 are before this Court in this petition filed under Section 482 of Cr.PC with a prayer to quash the entire proceedings in CC.No.31329/2022 pending before the
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HC-KAR
CNR: KAHC010374582023 NC: 2026:KHC:51528 CRL.P No. 6838 of 2023
Court of XXXVII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.125/2022 registered by Basavanagudi Women Police Station, Bengaluru City, for the offences punishable under Sections 498A, 506 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961.
2. Heard the learned Counsel for the parties.
3.
Learned Counsel for the petitioners and the learned Counsel for respondent no.2 submit that the dispute between the parties has been amicably settled and the marriage of accused no.1 with respondent no.2 has been dissolved by a decree of divorce in view of the settlement reported in O.S.No.185/2022 before the Family Court at Bengaluru. They submit that the parties have together filed a joint memo reporting the settlement and accordingly pray to allow the petition. 4. Accused no.1 and respondent no.2 are present before the Court and they have been identified by their learned Advocates. They have stated that the dispute between the parties has been amicably settled and the settlement is voluntary, without there
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HC-KAR
CNR: KAHC010374582023 NC: 2026:KHC:51528 CRL.P No. 6838 of 2023
being any undue influence and coercion. The joint memo filed by the parties is signed by the parties and their learned advocates, respectively. Along with the joint memo, the copy of the memorandum of settlement executed before the Family Court, Bengaluru, in O.S.No.185/2022 is also enclosed. The same is taken on record. In paragraph 8 of the memorandum of settlement executed between the plaintiff and defendant in the said suit who are petitioner no.6 and respondent no.2 herein, it is stated as under:
"8. On the complainant of the plaintiff a criminal case registered bearing C.C No.31329/2022 pending before VI ACJM, Bengaluru against the defendant and his relatives. The relatives of the defendant has filed for quashing of the charge sheet before the Hon'ble High Court of Karnataka, Bengaluru beaing Crl. Petition No.6838/2023. The plaintiff undertakes to co-operate with the defendant and his family members in ensuring closing of C.C No.31329/2022 and Crl P No.6838/2023."
5. In the joint memo which is signed by the parties and their advocates, in paragraph nos.1 to 4, it is stated as under:
"1. The above-named Petitioners and Respondent No. 2 submits before this Honorable Court that they have settled the dispute between themselves and the Petitioner No.6. - 5 -
HC-KAR
CNR: KAHC010374582023 NC: 2026:KHC:51528 CRL.P No. 6838 of 2023
2. The Respondent No.2 has no objection to allow the top noted petition and to close the criminal case in CC No. 31329/2022 against the Petitioners, pending before the VI Addl. Chief Judicial Magistrate, Bengaluru in the interests of justice and equity. 3.
That the matter has been settled in O.S No.185/2022 by the III Addl. Principal Judge, Family Court, Bengaluru and the Respondent No.2 hereby agree the said terms and conditions as mentioned therein in the Memorandum of Settlement under Section 89 of CPC read with Rules 24 and 25, Karnataka Civil Procedure (Mediation) Rules,
2005. The copy of the same is also produced herewith along with the memo for the kind perusal of this Hon'ble Court. 4. That both the parties hereby agree that they have no claim whatsoever against each other and they hereby will forever abide by the terms of the memorandum of settlement agreed by both the parties in O.S. No.185/2022 by the III Addl. Principal Judge, Family Court, Bengaluru."
6. Parties who are close relatives have settled their dispute inter se, as a result of which the marriage between petitioner no.6 and respondent no.2 has been already dissolved in view of the settlement reported in O.S.No.185/2022 before the Family Court, Bengaluru. Under the circumstances, I am of the opinion
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HC-KAR
CNR: KAHC010374582023 NC: 2026:KHC:51528 CRL.P No. 6838 of 2023
that this is a fit case wherein this Court is required to exercise its inherent powers under Section 482 of Cr.PC in order to do complete justice to the parties. Accordingly, the following
order:
7. Petition is allowed. The entire proceedings in CC.No.31329/2022 pending before the Court of XXXVII Addl. Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No.125/2022 registered by Basavanagudi Women Police Station, Bengaluru City, for the offences punishable under Sections 498A, 506 of IPC and Sections 3 & 4 of Dowry Prohibition Act, 1961, stands quashed.
Sd/- (S VISHWAJITH SHETTY) JUDGE
KK