- 1 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 30TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 6992 OF 2025 (482(Cr.PC) / 528(BNSS)) C/W CRIMINAL PETITION NO. 746 OF 2026 IN CRL.P No. 6992/2025 BETWEEN: 1. HAMAD BAVA S/O ABOOBAKKAR AGED ABOUT 50 YEARS 2. SMT HABEEBA W/O HAMAD BAVA AGED ABOUT 44 YEARS 3. MOHAMMAD SAFWAN S/O HAMAD BAVA AGED ABOUT 18 YEARS 4. MOHAMMED SWARUF S/O HAMAD BAVA AGED ABOUT 23 YEARS ALL PETITITONERS RESIDING AT DOOR NO.5-225/G, BADDAKATTE HOUSE, Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka - 2 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 VTC: BANTWAL POST, KASABA VILLAGE BANTWAL TALUK- 574211 DAKSHINA KANNADA …PETITIONERS (BY SRI. RAJESH RAO K., ADVOCATE) AND: 1. THE STATE BY MANGALORE WOMEN P .S. REPRESENTED BY SPP HIGH COURT OF KARNATAKA BENGALURU- 560 001 2. SMT. AYISHATH THABSEERA W/O MUHAMMED SHAKEER R/AT KRISHNAPURA, CHOKKABETTU, SURATHKAL, MANGALURU CITY- 575 014 …RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1; R2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND BE PLEASED TO QUASH THE FIR VIDE ANNEXURE-A AND THE ENTIRE PROCEEDINGS IN CR.NO.112/2024, REGISTERED BY THE MANGALORE WOMEN POLICE STATION, FOR THE OFFENCES P/U/S 84, 74, 352, 351(2), 3(5) OF BNS AND U/S 3 AND 4 OF THE DOWRY - 3 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 PROHIBITION ACT, 1961 AND U/S 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT-2019, VIDE ANNEXURE-B PENDING ON THE FILE OF THE 3RD JMFC COURT AT MANGALURU. IN CRL.P NO. 746/2026 BETWEEN: 1. MUHAMMED SHAKEER S/O HAMAD BAVA, AGED ABOUT 26 YEARS, 2. SMT. RASHEEDA BANU D/O HAMAD BAVA, W/O MOHAMMAD NIZAM, PETITIONER NO.1 AND 2 ARE R/AT DOOR NO. 5-225G, BADDAKATTE HOUSE, BANTWAL KASBA VILLAGE, BANTWAL TALUK, D K -574211 3. AHAMMED NIZAM AGED ABOUT 37 YEARS, R/AT NANDAVARA KOTE HOUSE, SAJIPAMUNNURU VILLAGE POST, VTC: BANTWAL PO PANEMANGALORE, BANTWALA, DAKSHINA KANNADA DISTRICT- 574231 ...PETITIONERS (BY SRI. RAJESH RAO K., ADVOCATE) - 4 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 AND: 1. THE STATE BY S.H.O. BANTWAL TOWN P.S. REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BENGALURU-560001 2. SMT. AYISHATH THABSEERA AGED ABOUT 22 YEARS, W/O MUHAMMED SHAKEER, R/AT: KRISHNAPURA, CHOKKABETTU, SURATHKAL, MANGALURU CITY-575014 ...RESPONDENTS (BY SRI. B.N.JAGADEESHA, ADDL. SPP FOR R1) THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO ALLOW THIS PETITION AND TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.2563/2025, PENDING ON THE FILE OF HONBLE ADDL. CIVIL JUDGE AND JMFC, AT BANTWALA, D.K. DISTRICT, VIDE ANNEXURE-B, REGISTERED BEFORE THE BANTWAL TOWN POLICE, FOR THE OFFENCES P/U/S 85, 352, 351(2), 3(5) OF BNS, U/S 3 AND 4 OF D.P ACT, 1961. THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER The petitioners are before this Court, seeking the following prayer: "In Crl.P.No.6992/2025: WHEREFORE, it is most humbly prayed that this Honorable Court may kindly be pleased to allow this petition and be pleased to Quash the F.I.R Vide Annexuer 'A' and the entire proceedings in Crime No. 112/2024, registered by the Mangalore Women Police Station, for the offence P/U/S: 84, 74, 352, 351(2), 3(5) of B.N.S, and U/S: 3 & 4 of The Dowry Prohibition Act- 1961 & U/S 4 of The Muslim Women (Protection of Rights on Marriage ) Act-2019, Vide Annexure : 'B' pending on the file of 3rd J.M.F.C Court at Mangaluru, in the interest of Justice and Equity, in the interest of justice and equity. In Crl.P.No.746/2026: WHEREFORE, it is most humbly prayed that, this Honorable Court may kindly be pleased to allow this petition and to quash the entire proceedings in C.C No. 2563/2025, now pending on the file of Hon'ble Addl. Civil Judge & JMFC at Bantwala, D.K. District, Vide Annexure: 'B', registered before the Bantwal Town Police for the offence: P/U/S: 85, 352, 351(2), 3(5) of B.N.S., and U/S: 3 & 4 of The Dowry Prohibition Act-1961, in the interest of Justice and Equity, in the interest of justice and equity." 2. Heard Sri. Rajesh Rao K., learned counsel appearing for the petitioners, Sri. B.N. Jagadeesha, learned - 6 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 Addl. SPP appearing for respondent No.1, in both the cases and have perused the material on record. 3. The parties to the lis were also before the Family Court in M.C.No.973/2025 and have settled the dispute amongst themselves before the Family Court by terms of settlement. One of the term of the settlement is, closure of the present proceedings. The said term in the settlement reads as follows: "MEMORANDUM OF SETTLEMENT UNDER SECTION 89 OF CODE OF CIVIL PROCEDURE R/W RULES 24 AND 25 OF THE KARNATAKA CIVIL, PROCEDURE (MEDIATION) RULES 2007. It is respectfully submit as follows. 1. That the 1st Respondent is the legally wedded wife of the Petitioner and their marriage was solemnized on 14/02/2022 at Arafa Shadi Mahal, Thumbe, Bantwal. Out of the said marriage the 2nd Respondent was born on 02/10/2023. 2 That from 14/09/2024 the Respondents are staying in the parental house of the 1st Respondent and hence from that day on wards the 2nd Respondent is in the care and custody of the 1st Respondent. 3. That now the Petitioner has filed an application under Section 7, 8 and 10 of the Guardians and Wards Act 1890 with a prayer to declare the Petitioner as guardian of the minor 2nd Respondent and to direct the 1st Respondent to hand over the custody of the minor 2nd Respondent to the custody of the Petitioner. - 7 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 4. That after appearance of the Respondents with the consent of both parties the matter was referred to mediation along with Cr. M. C. No. 75/2025 and O. S. No. 55/2025. 5. That in the course of mediation the Petitioner and 1st Respondent expressed their inability to continue as a husband and wife due to irreconcilable difference and incompatibility of temperaments and hence decided to apply for divorce. 6. That the Petitioner and Respondent No. 1 have entered into a detailed agreement in Cr. M. C. No. 75/2025 and in the said agreement the Petitioner has agreed to pay total amount of Rs.5,00,000-00 in full and final settlement of claim of maintenance of Respondents and further they have agreed the terms and condition regarding the right of visitation of Respondent No.2 and hence the Petitioner has agreed to give up the prayer made in the present application. 7. In view of the above agreement entered into by the Petitioner and 1st Respondent in Cr. M. C. No. 75/2025, they pray to dismiss the present application filed by the Petitioner. 8. The Petitioner and 1st Respondent will appear before this Honorable Court on the next hearing date for passing orders in terms of the above said agreement." 4. Therefore, in light of the settlement arrived at between the parties quoted supra, I deem it appropriate to terminate the proceedings pending against these petitioners in the subject petitions. - 8 - HC-KAR NC: 2026:KHC:5447 CRL.P No. 6992 of 2025 C/W CRL.P No. 746 of 2026 5. For the aforesaid reasons, the following: ORDER i. Criminal Petitions are disposed. ii. Proceedings in Crime No.112/2024 pending before the III JMFC Court, Mangaluru stand quashed, qua these petitioners in Crl.P.No.6992/2025 and proceedings pending in C.C.No.2563/2025 pending before the Additional Civil Judge and JMFC, Bantwala, Dakshina Kananda, qua these petitioners, stand quashed in Crl.P.No.746/2026. Sd/- (M.NAGAPRASANNA) JUDGE SJK List No.: 3 Sl No.: 1 CT:PS