IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 4440 OF 2024 (482(Cr.PC) / 528(BNSS)
BETWEEN:
1. MRS SAIRA BHANU AGED ABOUT 65 Y EARS, W/O LATE M U MOHAMMED, PERMANENT RESIDENT OF NEAR HOTEL WOODLAND LODGE, PENSION MOHALLA 3RD CROSS, CHIKKAMAGALUR-577 101.
2. MRS SAGEEDA BHANU AGED ABOUT 33 YEARS, D/O LATE M U MOHAMMED, PERMANENT RESIDENT OF NEAR HOTEL WOODLAND LODGE, PENSION MOHALLA 3RD CROSS, CHIKKAMAGALUR-577101.
…PETITIONERS (BY SRI. ARPAN B PATTANASHETTI.,ADVOCATE)
AND:
Digitally signed by LEELAVATHI S R 1. THE STATE OF KARNATAKA Location: BY SOUTH EAST WOMEN PS High Court REPRESENTED BY SPP of Karnataka HIGH COURT, BENGALURU – 560 001.
2. MRS SHIREN DAWOOD AGED ABOUT 26 YEARS, W/O DAWOOD AHMED, C/O ABUBAKKAR, MASIDIKERE, VTC B KANABUR, PO BALEHONNUR, SUB DISTRICT. NARASINHARAJAPURA, DISTRICT CHIKKAMAGALUR-577 112.
…RESPONDENTS (BY SRI. THEJESH, HCGP FOR R-1 SRI. VIKHAR AHMED.B, ADVOCATE)
THIS CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR, COMPLAINT AND ENTIRELY OF PROCEEDINGS IN THE CR.NO.15/2024 FOR OFFENCE P/U/S 498A AND SEC. 4 OF THE MUSLIM WOMEN ACT, 2019 AGAINST THE PETITIONERS ON THE FILE OF THE HONBLE XXXIX ADDL. CMM, BENGALURU INSOFAR AS THE PETITIONERS ARE CONCERNED.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR
ORAL ORDER
In this petition, petitioners have sought for the following reliefs:-
“ a) Call for the records in the Cr.No. 15/2024 of south East women Police Station for offences under Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A against the Petitioner on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru.
b) Quash the FIR, Complaint and entirety of proceedings in the Cr.No.15/2024 of South East Women Police Station for offences under Section 4 of The Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A against the Petitioner on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru insofar as the Petitioner is concerned.
C) Grant such other relief/s as this Hon’ble Court deems fit to grant in facts and circumstances of the case.”
2. Learned counsel for the petitioners – accused Nos. 2 and 3 and learned counsel for 2nd respondent – complainant have filed a Joint Compromise dated 04.02.2025 duly signed by the petitioners, 2nd respondent and their respective counsel. The same is taken on record.
3. Petitioners – accused Nos. 2 and 3 and respondent No.2-
complainant are physically present before the Court and they admit the contents of the aforesaid Joint Compromise, which reads as under:-
JOINT COMPROMISE “The Counsel for Petitioners and Respondent No.02 respectfully submits as follows;
1. It is submitted that the complainant in Cr.No.15/2024 and the Petitioners herein have amicably settled all disputes. To that effect a Memorandum of Settlement dated 07.01.2025 in OS No.329/2024, before the VI Additional Family Judge, Bengaluru, may be read as part and parcel of this Memo. A copy of the memorandum of settlement and decree is annexed hereto for the kind perusal of this Hon’ble Court.
2. It is submitted that, the offences in the present case under Section 34 and Section 498A of the IPC and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, are compoundable in nature. As the dispute has been fully settled and no further issues remain between the petitioners and the Complainant/Respondent No.2.
Wherefore, in view of the above, it is respectfully prayed that this Hon’ble Court be pleased to Quash the Complaint, FIR, and the entire proceedings in Cr.No.15/2024 of South East Women Police Station for offences under section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 and IPC Section 34 and 498A on the file of the Hon’ble XXXIX Additional Chief Metropolitan Magistrate, Bengaluru.”
4. In view of the aforesaid settlement entered into between the petitioners and 2nd respondent, I pass the following:
ORDER
(i) Petition is disposed of in terms of the Joint Compromise dated 04.02.2025.
(ii) All further proceedings pursuant to FIR in Crime No.15/2024 registered by the 1st respondent – Police for the offences punishable under Section 4 of the Muslim Women (Protection of Rights of Marriage) Act, 2019 and under Section 498-A r/w 34 of IPC, pending on the file of XXXIX ACMM, Bangalore, insofar as the petitioners are concerned are hereby quashed.
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