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

ALLOWED
Court
High Court of Karnataka
Decided
30 December 2025
Bench
Anant Ramanath Hegdeauthor
Case no.
CRL.P 17663/2025

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Judgment

NC:(2025:KHC:54860( CRL.P(No.(17663(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.(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,,, RD3 ,CROSS,,D.J.,HALLI,, R.T.,NAGAR,POST,,BANGALORE,-,560,045., Digitally …PETITIONERS, sign edtiby0C (BY,SRI.,H,MUNISWAMY,GOWDA.,ADVOCATE), HONNUR SAB AND:( (Location: HIGH 1., STATE,BY,DEVARAJEEVANAHALLI,P.S.,, COURT0OF 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,,, RDR/O,20,,3 ,G,MAIN,ROAD,,NAGAMMA,LAYOUT,,, K.B.,SANDRA,,BANGALORE,-,560,032., …RESPONDENTS, (BY,SRI,VINAY,MAHADEVAIAH,,HCGP,FOR,R1, ,SRI,SHEKARAPPA,,ADVOCATE,FOR,R2),

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 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.

¶2The petitioners are present before this Court.

¶3Learned 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.

Vakalath filed by the counsel for respondent No.2 is taken on record.

¶4Learned counsel for 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.

¶5The 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.

¶6It is further stated that Rs.1,50,000/- is already received through online transfer mode on 11.12.2025.

¶7Respondent 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.

¶8The 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.

¶2The 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)

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 the respondent No.2 has no objection for quashing the C.C.No.55060/2024, pending against the petitioners.

¶5The 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 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.

¶9The 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

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

Source: High Court of Karnataka, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.