Full Judgment
-1-
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 30TH DAY OF DECEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE CRIMINAL PETITION NO. 17663 OF 2025 BETWEEN:
1. MR. MOHAMMED HUSSAIN, S/O FAZULUR REHAMAN, AGED ABOUT 30 YEARS,
2. SRI.FAZLUR REHMAN, S/O LATE SAKARIA MOHAMMED, AGED ABOUT 65 YEARS,
3. MR. MOHAMMED ANSAR,
S/O FAZULUR REHAMAN, AGED ABOUT 34 YEARS, ALL ARE R/O NO.25, GUAVA GARDEN, 3RD CROSS, D.J. HALLI, R.T. NAGAR POST, BANGALORE - 560 045. Digitally …PETITIONERS signed by C (BY SRI. H MUNISWAMY GOWDA.,ADVOCATE) HONNUR SAB AND: Location: HIGH 1. STATE BY DEVARAJEEVANAHALLI P.S., COURT OF R/P BY ITS STATE PUBLIC PROSECUTOR, KARNATAKA HIGH COURT BUILDING, BANGALORE- 560 001.
2. DYANISH ALAINA,
D/O MOHAMMED RAHAMATHULLA, AGED ABOUT 23 YEARS, R/O 20, 3RD G MAIN ROAD, NAGAMMA LAYOUT, K.B. SANDRA, BANGALORE - 560 032. …RESPONDENTS (BY SRI VINAY MAHADEVAIAH, HCGP FOR R1 SRI SHEKARAPPA, ADVOCATE FOR R2) -2- 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 QUASH THE PROCEEDINGS IN CC.NO.55060/2024, FOR THE OFFENCES P/U/S 498(A),323,504,506 R/W 34 OF IPC, PENDING ON THE FILE OF XI ACJM COURT, MAYO HALL, BANGALORE CITY, AT ANNEXURE-A. THIS PETITION, COMING ON FOR ADMISSION THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE ANANT RAMANATH HEGDE
ORAL ORDER
This petition is filed to quash the proceedings in C.C. No.55060/2024 on the file of XI Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru which is registered for the offences punishable under Sections 498(A), 323, 504, 506 read with Section 34 of Indian Penal Code.
2. The petitioners are present before this Court.
3. Learned counsel for the petitioners identified
the petitioners who are present before this Court. The respondent No.2 who is the original complainant is also present before this Court and the learned counsel for the respondent No.2 has also identified the respondent No.2. -3- Vakalath filed by the counsel for respondent No.2 is taken on record.
4. Learned counsel for the petitioners and respondent No.2 jointly submit that the dispute is amicably settled and they have filed an application under Section 320 of Code of Criminal Procedure, 1973.
5. The Court has perused the contents of the
application. It is stated that the marriage between the petitioner No.1 and respondent No.2 is dissolved in terms of Khula dated 11.12.2025. The respondent No.2 admits that she has agreed to receive Rs.8,00,000/- towards permanent alimony and has received Rs.6,50,000/- through cheque bearing No.125326 dated 30.12.2025 drawn on Indusind Bank, HBR Layout, Bengaluru issued by petitioner No.1.
6. It is further stated that Rs.1,50,000/- is already received through online transfer mode on 11.12.2025. -4-
7. Respondent No.2 has agreed to withdraw all the
allegations made against the petitioners and further makes a statement in the application that she would not make any further claims or allegations against the petitioners and petitioners also have stated that they have no claim against respondent No.2.
8. The contents of the application are as under:-
"1. The petitions are filed the petition for quashing of the Proceedings in C.C.No.55060/2024, for the offences punishable under Section 498(A), 323, 504, 506 R/w Section 34 of I.P.C, now pending on the file of XI ADDL ACJM (sic) Court, Mayohall, Bangalore City, at Bangalore.
2. The petitioner No.1 and the respondent No.2 have
resolved the issue amicably involved in the present petition by entering the Kula dated 11/12/2025, in the presence of their respective family members and elders. It is further submits (sic) that the 1st petitioner is the husband of the Respondent No.2, and the second petitioner is the elder brother of the Petitioner No.1. As the Kula dated 11/12/2025 the Petitioner No.1 agreed pay of Rs.800000/- (Rupees Eight Lakhs Only) to the 2nd respondent for permanent alimony and the respondent No.2 agreed and undertakes he do not wish to prosecute the case/compliant registered by the him against the petitioners. The Petitioner No.1 has paid of Rs. 150000/- (Rupees One Lakhs Fifty Thousand Only) to the respondent No.2 on 11/12/2025 by way online transfer and today the petitioners has paid of Rs,650000/-(Rupees Six Lakhs Fifty Thousand Only) -5-
to the respondent No.2 by way cheque bearing No.125326 dated 30/12/2025 drawn on Indusind Bank, HBR Layout Branch, Bangalore, the respondent No.2 agreed and accepts the same as full and final settlement.
3. The respondent No.2 herein further undertakes
that she will withdraw the allegation made against the petitioners in the present complaint, and the petitioners and respondent No.2 state that did not make any further claims and allegations against each other in respect of the issues involved in the present complaint.
4. In view of compromise the respondent No.2 has no objection for quashing the C.C.No.55060/2024, pending against the petitioners.
5. The contents are read explained and they have
understood the same. After understanding the same, the parties are entering into this comprise and filed the present application. There is absolute no force, coercion, undue influence or duress from any quarter whatsoever.
Wherefore, the parties hereto respectfully pray that this Hon'ble court be pleased to quash the proceedings in C.C.No.55060/2024, for the offences punishable under section 498(A), 323, 504, 506 R/w section 34 of I.P.C, now pending on the file of XI ADDL ACJM Court, (sic) Mayohall, Bangalore City, Bangalore, in the interest of justice and equity.
9. The Court after going through the contents of
the application is of the view that there is no impediment to allow the application. Accordingly, the application is -6- allowed. Consequently, the petition is allowed. Hence, the following:-
ORDER
(i) The proceeding in C.C. No.55060/2024
registered for the offences punishable under Sections 498(A), 323, 504, 506 read with Section 34 of Indian Penal Code pending before the XI Additional Chief Metropolitan Magistrate Court, Mayo Hall, Bengaluru is quashed.
(ii) Bail bonds if any, are cancelled. Sd/- (ANANT RAMANATH HEGDE) JUDGE CHS List No.: 1 Sl No.: 178