CRL.P/5325/2024 of SRI. GHOUSE KHAN Vs STATE BY HARIHARA on 20 July 2026

ORAL ORDER

Heard Sri E P Dinesha, learned counsel appearing for the petitioners, Sri K Nageshwarappa, learned High Court Government Pleader appearing for respondent No.1, Sri C Chethan, learned counsel appearing for respondent No.2 and have perused the material on record.

2. During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a joint memo along with an affidavit. The joint memo reads as follows:

"JOINT MEMO"

We, 1) Ghouse Khan aged about 42 years S/o Sri. P. Rahamathulla Khan, 2) Р. Rahamathulla Khan aged about 69 years S/o Ibrahim Khan, 3) Raziya Begum 67 years Serial No. 1 to3 are Residing at No. 163/1, R.R. Layout, Near Vijaya Bakery, Jubilee School Road, Vijanapura, Bengaluru-560 016, 4) Jeelani Basha aged about 45 years S/o Nanne Kasim Sahib residing at No.9/54-b, Z.P.Girls High School Backside Gooty (Rural) Andhra Pradesh today at Bengaluru and Sameena Moumin, Aged about 30 years, W/o Gouse Khan, Residing at Mahesh Nagar A block, Near Lakshmi Foundry, Harihara Town, Davangere, today at Bengaluru, do hereby solemnly affirm and state on oath as follows:

1. The Petitioners and the Respondent No.2 in the above case and they are well acquainted with the facts of the case, they are competent file the Joint memo.

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2. We state that the 2nd Respondent has presented the complaint before the 1st Respondent police station. 1st Respondent Police have filed FIR in C.C. No.79/2024 punishable under sections 504, 506, R/W Sec.34 of IPC and Section 4 of the Muslim Women (Protection of Rights on Marriages) Act 2019, which is pending on the file of 1" Additional Civil Judge and JMFC, Harihara.

3. We state that, the dispute resolved in O.S No.404/2025 on the file of the 2nd Additional Judge Family Court, Bengaluru in the mediation between us and we agreed for Rs.30,00,000/- (Rupees Thirty Lakhs Only) as full and final settlement of permanent Alimony and decree of Divorce.

4. We state that, 1st Petitioner/Ghouse Khan was paid to the 2nd Respondent /Sameena Moumin a sum of Rs.5,00,000/- (Rupees Five Lakh Only) in Crl Misc No.130/2023 on the file of the 1st Addl Civil Judge and JMFC at Harihara on 15/11/2025 by way of Demand Draft bearing No.941526, Dated 30/10/2025, Drawn on State Bank of India Budigere Branch Bangalore and 2nd Respondent acknowledges the receipt of the same.

5. We state that, Ist Petitioner/Ghouse Khan was paid to the 2nd Respondent /Sameena Moumin a sum of Rs. 10,00,000/- (Rupees Ten Lakh Only) in Crl Pet No.6924/2019 on the file of the Hon'ble High court of Karnataka at Bengaluru on 06/04/2026 by way of Demand Draft bearing No.941741, Dated 09/02/2026, Drawn on State Bank of India Budigere Branch Bangalore and 2nd Respondent acknowledges the receipt of the same.

6. We state that, 1st Petitioner/Ghouse Khan today i,e 10.07.2026 paid balance and last payment to the 2nd Respondent/Sameena Moumin a sum of Rs.15,00,000/- (Rupees Fifteen Lakh Only) in O.S.No.404/2025 on the file of the 2nd Additional Judge Family Court, on 10/07/2026 by way of Two (2) Demand Drafts bearing No.941782 sum of Rs.10,00,000/- (Rupees Ten Lakhs Only), Dated 01/07/2026, another Demand Draft bearing No. 941781 sum of Rs.5,00,000/- (Rupees Five Lakhs Only) both

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demand drafts drawn on State Bank of India Budigere Branch Bangalore and 2nd Respondent acknowledges the receipt of the same above Two (2) demand drafts before family court in O.S.No.404/2025.

7. The 2nd Respondent submit that she is hereby withdrawing the compliant in Cr No. 79/2019 without any force or coercion, undue influence, force from anybody etc., she is leading her respectively lives along with her parents, they have no claim whatsoever from each other. Whatever cases they have filed or pending against each other arising out of the said marriage is deemed to be withdrawn.

8. For the above stated reason this Hon'ble court may be pleased to compound the offence and quash the proceedings in Cr.No.79/2024 pending on the file of the 1st Additional Civil Judge (Jr.Div) And Judicial Magistrate First Class at Harihara. In view of the Judgement of the Hon'ble Apex Court in the case of GIAN SINGH V/s The state of Punjab and reported in 2012(10) sec 303, this Hon'ble court can permit them to compound the offence which is not against Society. WHEREFORE, we pray before this Hon'ble Court may be pleased to allow the application in the interest of justice and equity."

3. In the light of the settlement arrived at between the parties, I deem it appropriate to accept the joint memo and close the proceedings against the petitioners in the subject petition.

4. The crime so registered against these petitioners in Crime No.79 of 2024 stands quashed.

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5. For the aforesaid reasons, the following:

ORDER

(i) Criminal Petition is disposed.

(ii) Proceedings in Crime No.79 of 2024 registered at Harihara Town Police Station, pending before the I Additional Civil Judge (Jr.Dn.) and JMFC (I Class) at Harihara, stands quashed qua the petitioners.

Sd/- (M.NAGAPRASANNA) JUDGE

BGN List No.: 2 Sl No.: 96