CRL.P/1571/2025 of DR.M.G.AIJAZ HUSSAIN Vs THE STATE OF KARNATAKA BY on 30 July 2026

ORAL ORDER

In Crl.P.No.17626/2025, the petitioners are before this Court seeking the following prayers: "1. Quash the order of cognizance taken by the Hon'ble XLVI Addl. Chief Judicial Magistrate, Bengaluru city in the private complaint filed by respondent no.2, and further quash the fir in crime no.119/2025 dated 21.04.2025 registered by Byatarayanapura police station, Bengaluru, for the offences punishable under sections 115(1), 118(1), 303(2), 352 read with section 3(5) of the Bharatiya Nyaya Sanhita, 2023, in so far as the petitioners are concerned;

2. Grant such other reliefs as this hon'ble court may deem fit in the facts and circumstances of the case, in the interest of justice and equity."

2. In Crl.P.No.1571/2025, the petitioners are before this Court seeking the following prayer: "Quash the FIR as against the Petitioners in CRIME No.132/2024 pending on the file of 7th Addl senior civil judge (sr.dn) & JMFC court, Malavadi Jayanagara, Mysore for the offences punishable under section U/s.85, 75, 352, 351(3) R/w Sec.3(5) of B.N.S and Sec.3 and 4 of D.P. Act in the interest of Justice and equity."

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3. In Crl.P.No.13489/2025, the petitioner is before this Court seeking the following prayer: "Quash the FIR as against the petitioner in CRIME No.132/2024 by Mysore City Women Police pending on the file of 7th Addl senior civil judge (sr.dn) & JMFC court, Malavadi Jayanagara, Mysore for the offences punishable under section U/s.85, 75, 352, 351(3) R/w Sec.3(5) of B.N.S and Sec.3 and 4 of D.P. Act in the interest of Justice and equity."

4. In Crl.P.No.17626/2025, heard Sri.Bilal Ahmed Shariff, learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.Vidyasagar H.V., learned counsel appearing for respondent No.2. In Crl.P.No.1571/2025, heard Sri.Vidyasagar H.V., learned counsel appearing for the petitioners, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.Bilal Ahmed Shariff, learned counsel appearing for respondent No.2. In Crl.P.No.13489/2025, Heard Sri.Vidyasagar H.V, learned counsel appearing for the petitioner, Smt.Deepthi Alva, learned HCGP appearing for respondent No.1, Sri.Bilal Ahmed Shariff, learned counsel appearing for respondent No.2 and have perused the material on record.

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5. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves.

6. In Crl.P.No.17626/2025, the parties to the lis have filed a compounding application along with joint affidavit. The joint affidavit reads as follows: "1. We state that we are the Petitioners and Respondent No.2 in the above Criminal Petitions and are well acquainted with the facts and circumstances of the cases. Hence, we are competent to swear to this Joint Affidavit.

2. We state that the averments made in the accompanying Joint Application seeking quashing of the proceedings in all the above Criminal Petitions are true and correct to the best of our knowledge, information and belief.

3. We state that several disputes arose between Petitioner No.1 and Respondent No.2 out of their matrimonial relationship, which resulted in registration of criminal proceedings and filing of Criminal Petitions before this Hon'ble Court. The parties have now amicably resolved all their disputes voluntarily, peacefully and without any force, coercion, undue influence or pressure from any person.

4. We state that the following Criminal Petitions pending before this Hon'ble Court are being settled together under the present settlement:

a) Criminal Petition No.1571/2025 arising out of Crime No.132/2024;

b) Criminal Petition No.13489/2025 arising out of Crime No.132/2024 registered by Women Station, Mysuru.

c) Criminal Petition No.17626/2025 arising out of the connected matrimonial dispute between the parties.

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We jointly pray that all the above Criminal Petitions and all consequential proceedings arising therefrom be disposed of in terms of this settlement.

5. We state that Petitioner No.1 and Respondent No.2 had earlier entered into a Joint Compromise Petition in Crl. Misc. No.2010/2024 before the competent Court. Pursuant thereto and in continuation of the said settlement, the parties have now finally resolved all their remaining disputes.

6. We state that today, in full and final settlement of all claims arising out of the matrimonial relationship, Respondent No.2 has paid to Petitioner No.1 a sum of Rs.5,00,000/- (Rupees Five Lakhs only) by way of Demand Draft, the receipt whereof is hereby acknowledged by Petitioner No.1.

7. We further state that Respondent No.2 has also handed over to Petitioner No.1:

a) One Gold Long Chain;

b) One Gold Finger Ring;

which Petitioner No.1 has received to her full satisfaction.

8. We further state that Respondent No.2 has paid a sum of Rs.20,000/- (Rupees Twenty Thousand only) towards maintenance for the Iddat period, which amount has also been received by Petitioner No.1 in full satisfaction of her claim towards Iddat maintenance.

9. We state that Petitioner No.1 has already received Rs.1,50,000/-towards the value of the furniture and household articles given by her at the time of marriage and acknowledges receipt of the said amount.

10. We further state that in accordance with the principles of Muslim Personal Law (Shariat), Petitioner No.1 has voluntarily granted Khula to Respondent No.2 and both parties have mutually agreed to dissolve their marriage. Accordingly, the marital relationship between Petitioner No.1 and Respondent No.2 stands dissolved in accordance with Muslim Personal Law.

11. We state that upon receipt of the aforesaid settlement amount, gold articles and Iddat maintenance, Petitioner No.1

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has no further claim whatsoever against Respondent No.2 towards maintenance, permanent alimony, dower (Mahr), residence, compensation or any other monetary or civil claim arising out of the matrimonial relationship.

12. We further state that all disputes between the parties, whether civil or criminal, stand fully and finally settled. Neither party has any surviving claim, demand, right or liability against the other arising out of their matrimonial relationship or the subject matter of the aforesaid criminal proceedings.

13. We state that the Petitioners have no objection whatsoever for quashing all the criminal proceedings pending between the parties and undertake not to initiate or pursue any further civil or criminal proceedings against Respondent No.2 arising out of the same cause of action.

14. Likewise, Respondent No.2 also undertakes that he shall not initiate or pursue any civil or criminal proceedings against any of the Petitioners in relation to the matrimonial dispute or the subject matter of the above criminal cases.

15. We state that the offences involved arise purely out of matrimonial discord and are entirely private in nature. The settlement has been arrived at voluntarily and continuation of the criminal proceedings would serve no useful purpose and would only amount to abuse of the process of law.

16. We further state that except the proceedings disclosed in the accompanying applications, no other litigation arising out of the matrimonial dispute survives between the parties.

17. We undertake to faithfully abide by all the terms and conditions of this settlement and affirm that the same has been entered into voluntarily with full understanding of its legal consequences.

18. We therefore humbly pray that this Hon'ble Court may be pleased to record the present settlement and be pleased to allow Criminal Petition No.1571/2025, Criminal Petition No.13489/2025 and Criminal Petition No.17626/2025, quash the respective FIRs, PCR proceedings, cognizance orders and all consequential criminal proceedings pending against the parties, in the interest of justice and equity."

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7. In Crl.P.No.1571/2025, the parties to the lis have filed a compounding application along with joint affidavit. The joint affidavit reads as follows: "1. We state that we are the petitioners and complainant in the above mentioned case therefore we are well conversant with the facts of the above mentioned case. Hence, we are swearing to this joint affidavit.

2. The averments made in the accompanying application from paras 1 to 3 for settlement to quash the proceedings are true and correct to the best of our knowledge, information and belief.

3. We state that the respondent no.1 had registered an FIR in Crime no.132/2024 pending in the file of 7th Addl. Senior civil judge (Sr Dn) and JMFC court, Malalavadi, Jayanagar, Mysuru for offences punishable u/s 85, 75, 351(3), 352, 3(5) and S 3, 4 of DP act. and respondent no.2 has undertaken to withdraw the cases pending against the Petitioner and we have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship.

4. The accused no.1 and respondent had entered into a compromise in Crl.Mis 210/2024 and the withdrew the same by filing an joint memo on 12.07.2025

5. The accused no.1 had paid Rs, 1,50,000/- for the cost of furnitures given by the respondent no.2 during the time of marriage and petitioners and accused no.1 is paying Rs,5,00,000 (five lakh rupees) of permanent alimony as full and final settlement and further petitioners and accused no.1 are giving one long chain and 5 gram gold ring to the respondent no.2 and in exchange the respondent no.2 has given khula to the petitioner.

6. We further state that Respondent No.2 has no objection whatsoever for quashing of the FIR and all consequential proceedings arising out of Crime No.132/2024 and undertakes not to pursue any further

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civil or criminal proceedings against the Petitioners in respect of the same cause of action.

7. The petitioners further agrees to co-operate with the respondent no.2 in withdrawal of Crl.P.No.17626/2025 filed challenging Cr.No.119/25 before Byatarayanapura police station.

8. We state that the offences alleged are matrimonial in nature and arise out of a private dispute between the parties and do not have any impact on society at large or involve any element of public interest.

9. We further state that continuation of the criminal proceedings would result in unnecessary hardship, mental agony and abuse of process of law and that quashing of the proceedings would secure the ends of justice.

10. We state that no other litigation, civil or criminal, arising out of the same matrimonial dispute is pending between the parties except as disclosed herein.

11. We undertake to abide by the terms of the settlement and affirm that the settlement amount and articles mentioned herein are accepted in full and final settlement of all claims, past, present and future.

12. We state that this affidavit is executed with a clear understanding of its contents and consequences and the same may be read as part and parcel of the accompanying application.

13. We state that pursuant to the above settlement, the Petitioners and Respondent No.2 declare that all their claims, demands, rights and liabilities, whether civil or criminal, past, present or future, arising out of the matrimonial relationship and the subject matter of Crime No.132/2024 stand fully and finally settled. Respondent No.2 undertakes that she shall not hereafter initiate or pursue any civil or criminal proceedings against the Petitioners in respect of the same cause of action and has no further claims of any nature whatsoever against the Petitioners.

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14. In view of this Petitioner and Respondent No.2 humbly Prays before this Hon'ble Court be pleased to Quash the FIR in Crime no.132/2024 pending in the file of 7th Addl. Senior civil judge (Sr Dn) and JMFC court, Malalavadi, Jayanagar, Mysuru for offences punishable u/s 85, 75, 351(3), 352, 3(5) and S 3, 4 of DP act. in Bengaluru in the interest of justice and equity."

8. In Crl.P.No.13489/2025, the parties to the lis have filed a compounding application along with joint affidavit. The joint affidavit reads as follows: "1. We state that we are the petitioners and complainant in the above mentioned case therefore we are well conversant with the facts of the above mentioned case. Hence, we are swearing to this joint affidavit.

2. The averments made in the accompanying application from paras 1 to 3 for settlement to quash the proceedings are true and correct to the best of our knowledge, information and belief.

3. We state that the respondent no.1 had registered an FIR in Crime no.132/2024 pending in the file of 7th Addl. Senior civil judge (Sr Dn) and JMFC court, Malalavadi, Jayanagar, Mysuru for offences punishable u/s 85, 75, 351(3), 352, 3(5) and S 3, 4 of DP act. and respondent no.2 has undertaken to withdraw the cases pending against the Petitioner and we have entered into compromise voluntarily and out of free will for the purpose of maintaining good relationship.

4. The petitioner and respondent had entered into a compromise in Crl.Mis 210/2024 and the withdrew the same by filing an joint memo on 12.07.2025

5. The accused no.1 had paid Rs, 1,50,000/- for the cost of furnitures given by the respondent no.2 during the time of marriage and petitioner is paying Rs,5,00,000 (five lakh rupees) of permanent alimony as full and final

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settlement and further petitioner is giving one long chain and 5 gram gold ring to the respondent no.2 and in exchange the respondent no.2 has given khula to the petitioner.

6. We further state that Respondent No.2 has no objection whatsoever for quashing of the FIR and all consequential proceedings arising out of Crime No.132/2024 and undertakes not to pursue any further civil or criminal proceedings against the Petitioners in respect of the same cause of action.

7. The petitioners further agrees to co-operate with the respondent no.2 in quashing of Crl.P.No.17626/2025 filed challenging Cr.No.119/25 before Byatarayanapura police station.

8. We state that the offences alleged are matrimonial in nature and arise out of a private dispute between the parties and do not have any impact on society at large or involve any element of public interest.

9. We further state that continuation of the criminal proceedings would result in unnecessary hardship, mental agony and abuse of process of law and that quashing of the proceedings would secure the ends of justice.

10. We state that no other litigation, civil or criminal, arising out of the same matrimonial dispute is pending between the parties except as disclosed herein.

11. We undertake to abide by the terms of the settlement and affirm that the settlement amount and articles mentioned herein are accepted in full and final settlement of all claims, past, present and future.

12. We state that this affidavit is executed with a clear understanding of its contents and consequences and the same may be read as part and parcel of the accompanying application.

13. We state that pursuant to the above settlement, the Petitioners and Respondent No.2 declare that all their claims, demands, rights and liabilities, whether civil or

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criminal, past, present or future, arising out of the matrimonial relationship and the subject matter of Crime No.132/2024 stand fully and finally settled. Respondent No.2 undertakes that she shall not hereafter initiate or pursue any civil or criminal proceedings against the Petitioners in respect of the same cause of action and has no further claims of any nature whatsoever against the Petitioners.

14. In view of this Petitioner and Respondent No.2 humbly Prays before this Hon'ble Court be pleased to Quash the FIR in Crime no.132/2024 pending in the file of 7th Addl. Senior civil judge (Sr Dn) and JMFC court, Malalavadi, Jayanagar, Mysuru for offences punishable u/s 85, 75, 351(3), 352, 3(5) and S 3, 4 of DP act. in Bengaluru in the interest of justice and equity."

9. The parties to the lis are present before the Court and are identified by their respective counsels.

10. In the light of applications for compounding being filed along with the joint affidavits as quoted supra and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioner(s) in the subject petitions.

11. For the aforesaid reasons, the following:

ORDER

[I] Criminal Petitions are disposed.

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[II] In Crl.P.No.17626/2025, order of cognizance taken by the XLVI Addl. Chief Judicial Magistrate, Bengaluru city in the private complaint filed by respondent No.2 and further FIR in crime No.119/2025 dated 21.04.2025 registered by Byatarayanapura police station, Bengaluru, for the offences punishable under sections 115(1), 118(1), 303(2), 352 read with section 3(5) of the Bharatiya Nyaya Sanhita, 2023, stands quashed qua the petitioners.

[III] In Crl.P.No.1571/2025, proceedings in Crime No.132/2024 pending before the 7th Addl. Senior Civil Judge (Sr. Dn) & JMFC court, Malavadi Jayanagara, Mysore, for the offences punishable under sections 85, 75, 352, 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, stands quashed qua the petitioners.

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[IV] In Crl.P.No.13489/2025, proceedings in Crime No.132/2024 pending before the 7th Addl. Senior Civil Judge (Sr. Dn) & JMFC court, Malavadi Jayanagara, Mysore, for the offences punishable under sections 85, 75, 352, 351(3) read with Section 3(5) of Bharatiya Nyaya Sanhita, 2023 and Sections 3 and 4 of Dowry Prohibition Act, stands quashed qua the petitioner.

Sd/- (M.NAGAPRASANNA) JUDGE

CBC List No.: 1 Sl No.: 78