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2026 DAILYLAW 49961 (KAR)

MRS. KAUSER RAFIQ v. STATE OF KARNATAKA

CRL.P/10664/2023 · 2026-01-13

M Nagaprasanna

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC:2052 CRL.P No. 10664 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 10664 OF 2023 BETWEEN: 1. MRS. KAUSER RAFIQ D/O LATE M.S.ABDUL RAHMAN AND SMT. SARTAZ BEGUM W/O LATE RAFIQ BAIG AGED ABOUT 52 YEARS NO.25, RATHAN SINGH ROAD II CROSS, FRAZER TOWN BENGALURU 3 560 005. 2. MRS. ISHRATH RAHMAN D/O LATE M.S.ABDUL RAHMAN AND SMT. SARTAZ BEGUM W/O MR. RAHIM SHAFIQ BAIG AGED ABOUT 49 YEARS NO.82, 4TH FLOOR 8ELIGENT CANTERBURRY APARTMENT9 ROBERTSON ROAD, FRAZER TOWN BENGALURU 3 560 005. 3. MR. RAHIM SHAFIQ BAIG S/O MURTHUZA RAHIM BAIG AGED ABOUT 55 YEARS NO.82, 4TH FLOOR 8ELIGENT CANTERBURRY APARTMENT9 ROBERTSON ROAD, FRAZER TOWN BENGALURU 3 560 005. Digitally signed by SANJEEVINI J KARISHETTY Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2026:KHC:2052 CRL.P No. 10664 of 2023 4. MR. JALAL SHARIFF S/O LATE MOHAMMED IBRAHIM AGED ABOUT 55 YEARS NO.2/3, PLAIN STREET INFANTRY ROAD CROSS BENGALURU 3 560 001. &PETITIONERS (BY SRI NOOR MOHAMMED, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY SHIVAJINAGAR POLICE STATION THROUGH STATE PUBLIC PROSECUTOR. 2. MR. SYED ANEES UR RAHMAN S/O LATE M.S.ABDUL RAHMAN AND SMT. SARTAZ BEGUM AGED ABOUT 42 YEARS RESIDING AT NO.A-102 ROSARY APARTMENT NO.97 ST. JOHN9S CHURCH ROAD BENGALURU 3 560 005. &RESPONDENTS (BY SRI B.N.JAGADEESHA, ADDL. SPP FOR R1; SRI BIMBADHER M.GOWDAR, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE CHARGE SHEET FILED BY THE 1ST RESPONDENT POLICE IN C.C.NO.53005/2022 ON THE FILE OF XXIX ADDL.C.M.M., BENGALURU AT ANNEXURE-M. THIS PETITION, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2026:KHC:2052 CRL.P No. 10664 of 2023 CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA ORAL ORDER Petitioners 3 accused Nos.1 to 4 are before this Court calling in question proceedings in C.C.No.53005/2022, pending before the XXIX Additional Chief Metropolitan Magistrate, Bengaluru, for the offences punishable under Sections 341, 323, 504, 506 r/w. 149 of the IPC. 2. Learned counsel for the petitioners and respondent No.2 in unison submit that during the pendency of these proceedings, the parties to the lis who were before the concerned civil Court have settled their disputes amicably by drawing up certain terms and conditions before the mediation center. The parties have filed an application under Section 320 r/w. 482 of the Cr.P.C. and supporting joint memo and affidavit are filed before this Court to that effect. 3. The joint memo reads as follows: <&. &. &. 3. Petitioners and Respondent No.2 herein submits that in civil dispute pending in W.P. No.11380/2021, W.P. No.11479/2021 and F.D.P No.101/2022 matter was referred to mediation and parties are entered agreement before Bangalore - 4 - HC-KAR NC: 2026:KHC:2052 CRL.P No. 10664 of 2023 mediation center in view of the same W.P. No.11380/2021, W.P. No.11479/2021 disposed and final Decree proceeding No.101/2022 was disposed in terms of mediation Agreement. Certified copy of Mediation agreement is herewith enclosed as DOCUMENT No.1 for kind perusal of this Hon'ble court. 4. Petitioners and Respondent No., 2 jointly submitted that due to the intervention of the elders and the family members of the petitioner's and respondent no.2, both the parties have decided to enter a compromise and the both parties have no objection for quashing of the criminal case in C.C.No.53005/2022 arising out of Crime No- 0006/2022 pending on the file of X Addl Chief Judicial Magistrate, Bangalore. 5. It is submitted that the respondent no.2 has agreed without force or coercion that he is no objection on quashing of the FIR and Charge sheet in CC.No.53005/2022 against the petitioner's pending on the file of X Addl Chief Judicial Magistrate, Bangalore in the interest of justice and equity. Hence in view of the settlement as per the Mediation report in FDP No.101/2022 (CCH-27) arrived between the parties the petitioners and respondent no.2 are before this Hon'ble court.= Though the offences alleged against the petitioners in the case at hand inter alia are the ones punishable under Sections 504 and 506 of the IPC, which are non-cognizable offences, since it is a dispute between the parties and the allegations are not against the State, I deem it appropriate to accept the application, joint memo and the joint affidavit and terminate the proceedings against the petitioners. - 5 - HC-KAR NC: 2026:KHC:2052 CRL.P No. 10664 of 2023 4. For the aforesaid reasons, I pass the following: ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.53005/2022, pending before the XXIX Additional Chief Metropolitan Magistrate, Benglauru, stand quashed. Sd/- (M.NAGAPRASANNA) JUDGE NVJ List No.: 1 Sl No.: 77 CT:SS