Mr. Mohammed Hussain v. State by Devarajeevanahalli P.S

NC:(2025:KHC:54859( CRL.P(No.(17667(of(2025( ( , ,,HC-KAR( ( ( IN(THE(HIGH(COURT(OF(KARNATAKA(AT(BENGALURU(

THDATED(THIS(THE(30 (DAY(OF(DECEMBER,(2025(

BEFORE( THE(HON'BLE(MR.(JUSTICE(ANANT(RAMANATH(HEGDE( CRIMINAL(PETITION(NO.(17667(OF(2025(( BETWEEN:(( (

1., MR.,MOHAMMED,HUSSAIN,, S/O,FAZULUR,REHAMAN,,, AGED,ABOUT,30,YEARS,,, ,

2., MR,MOHAMMED,ANSAR,, S/O,FAZULUR,REHAMAN,,,

AGED,ABOUT,34,YEARS,,, , BOTH,ARE,R/O,NO.,25,,GUAVA,GARDEN,,, RD 3 ,CROSS,,R,T,NAGAR,POST,,D,J,HALLI,, BANGALORE,560,045., …PETITIONERS,

(BY,SRI,H,MUNISWAMY,GOWDA.,ADVOCATE),

AND:(Digitally sign edtiby0C ( HONNUR 1., STATE,BY,DEVARAJEEVANAHALLI,P.S., SAB R/P,BY,ITS,STATE,PUBLIC,PROSECUTOR,,, Location: HIGH,COURT,BUILDING,,, HIGH BANGALORE,560,001., COURT0OF ,KARNATAKA

2., MRS,DYANISH,ALAINA,, D/O,MOHAMMED,RAHAMATHULLA,,, AGED,ABOUT,25,YEARS,,, R/O,20,,NAGAMMA,LAYOUT,,, RD3 ,,STAGE,,KAVAL,BYRASANDRA,,, BANGALORE,560,045., …RESPONDENTS, (BY,SRI,VINAY,MAHADEVAIAH,,HCGP,FOR,R1,,, ,SRI,SHEKARAPPA,,ADVOCATE,FOR,R2), ,

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO QUASH THE FIR/CRIME NO.406/2025 DATED 25.09.2025 REGISTERED BY THE DEVARAJEEVANAHALLI POLICE FOR THE OFFENCES P/U/S 76 AND 115(2) OF THE BNS 2023 NOW PENDING BEFORE THE XI ADDL.CMM COURT, MAYO HALL, BANGALORE CITY 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 FIR/Crime No.406/2025 dated 25.09.2025 which is registered by the Devarajeevanahalli Police for the offences punishable under Sections 76 and 115(2) of the Bharatiya Nyaya Sanhita, 2023 pending before the XI Additional Chief Judicial Magistrate Court, Mayo Hall, Bengaluru.

¶2The petitioners are present before this Court. Learned counsel for petitioners identified 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. Vakalath filed by the counsel for respondent No.2 is taken on record.

¶3Learned counsel for petitioners and respondent No.2 jointly submit that the dispute is amicably settled and they have filed an application under Section 359 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

¶4The Court has perused the contents of the applicaiton. 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.

¶5It is further stated that Rs.1,50,000/- is already received through online transfer mode on 11.12.2025.

¶6Respondent 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.

¶7The contents of the application are as under:- "1. The petitions are filed the petition for quashing of the F.I.R/Crime No.406/2025 dated 25/09/2025 registered by the Devarajeevanahalli Police for the offences punishable under section 76 and 115(2) of the Bharatiya Nyaya Sanhita 2023, now pending before the XI ADDL. CMM Court, Mayohall, Bangalore City, at Bangalore.

¶2The Petitioner No.1 and the respondent. No 2 have resolved the issue amicably involved in the present petition by entering 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 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 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) 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.

¶3The 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.

¶4In view of compromise respondent No.2 has no objection for quashing the F.I.R/Crime No.406/2025 dated 25/09/2025

registered by Devarajeevanahalli Police, registered against the petitioners.

¶5The contents are read explained and they have understood 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 F.I.R/Crime No.406/2025 dated 25/09/2025 registered by the Devarajeevanahalli Police for the offences punishable under section 76 and 115(2) of the Bharatiya Nyaya Sanhita 2023, now pending before the XI ADDL CMM Court, Mayohall, Bangalore City, Bangalore, in the interest of justice and equity."

¶8This Court after going through the contents of the application is of the view that there is no impediment to allow the application. Hence, the following:- ORDER

(i) The application is allowed. Consequently, the petition is allowed.

(ii) The proceeding in the FIR/Crime No.406/2025 dated

25.09.2025 which is registered by Devarajeevanahalli Police for the offences punishable under Sections 76 and 115(2) of the Bharatiya Nyaya Sanhita, 2023 pending before the XI Additional Chief Judicial Magistrate Court, Mayo Hall, Bengaluru is quashed. Sd/- (ANANT RAMANATH HEGDE) JUDGE

CHS List No.: 1 Sl No.: 179