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2025 Supreme(Online)(Kar) 10588
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
NAWAZ AHMED KHAN @ NAWAZ AHMED – Appellant
Versus
SMT. NIGAR SULTANA W/O. NAWAZ AHMAD KHAN – Respondent
CRL.P No. 8852 of 2024
For the Appellants/Petitioners: SRI. AFROZ PASHA
For the Respondents: SRI. RAJESH S. R.
Mutual consent and settlement allow for quashing proceedings under domestic violence laws when both parties agree.
Headnote:(A) Protection of Women from Domestic Violence Act, 2005 - Sections 12, 18, 19, 20, and 22 - Quashing of proceedings - Petitioners sought to quash proceedings in a domestic violence case after mutual settlement and divorce - Both parties submitted a joint application under Section 320(2) of Cr.P.C. for compounding the offences - Court allowed the application, quashing the proceedings in the interest of justice. (Paras 1-4)
(B) Compounding of Offences - The parties mutually agreed to settle their disputes, confirming that the offences are compoundable with court's permission. (Paras 5-6)
Facts of the case:
The petitioners sought to quash proceedings under the Protection of Women from Domestic Violence Act after a mutual divorce and settlement of claims.
Findings of Court:
The court accepted the joint application and affidavit, quashing the pending proceedings in the interest of justice.
Issues: The main issue was whether the parties could compound the offences under the relevant provisions of law.
Ratio Decidendi: The court held that mutual consent and settlement allow for the quashing of proceedings under the Protection of Women from Domestic Violence Act when both parties agree.
Result: The petition is disposed of and the proceedings are quashed.
| Table of Content |
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| 1. petitioners seek to quash proceedings under domestic violence laws. (Para 2) |
| 2. parties mutually dissolved marriage and settled disputes. (Para 3 , 4) |
ORAL ORDER
In this petition, the petitioners have sought for the following reliefs:-
“WHEREFORE, the petitioners most respectfully prays that this Hon’ble Court may be pleased to quash the entire proceedings in Crl.Misc.No.223/2022 filed by the respondent filed under Section 12 R/w. Sections 18 , 19 , 20 and 22 of Protection of Women from Domestic Violence Act, 2005 pending on the file of the Hon’ble 1st Metropolitan Magistrate Traffic Court at Mayohall, M.G. Road at Bangalore (JMTC-1) in the interest of justice and equity.”
2. Learned counsel for the petitioners and learned counsel for the respondent have filed an Application under Section 320(2) of Cr.P.C., along with a Joint Affidavit, both dated 03.06.2025 duly signed by the petitioners, respondent and their respective counsel and the same are taken on record.
3. Petitioners and respondent and their counsel are physically present before the Court and they admit the contents of the Application under Section 320(2) of Cr.P.C. and the Joint Affidavit, which reads as under:-
“APPLICATION FILED UNDER SECTION 320(2) OF THE Code of Criminal Procedure
That the above-named Respondents/petitioners and Petitioner/Respondent most humble submits that:
1. That the above-named Petitioner/ Respondent has filed the complaint against the above- named Respondents /petitioners punishable under section 12. R/W Sections 18 , 19 , 20 and 22 of Protection of women from domestic Violence act 2005 in Crl. Misc. no. 223/2022 pending on the file of Hon'ble 1st Judicial Magistrate Traffic Court at Mayohall, M G Road at Bangalore. (JMTC-1) seeking the maintenance.
2. That the above-named Respondents/petitioners have filed the above criminal petition u/s 482 of CRPC to quash the maintenance case in Cr.l Misc. No. 223/2022.
3. That, the Respondent No. 1/petitioner No. 1 and Petitioner/Respondent were husband and wife and they have mutually dissolved their marriage by virtue of Khulanama on 20/05/2025.
4. That, as per the terms of the khulanamą the Petitioner/Respondent agreed to withdraw the criminal case filed in Cr. No. 128/2022 registered by the East zone women police offence's Punishable u/s 498(a), 323, 504,506, 34 of IPC and 3, 4 of DP act pending on the file of 6th ACJM Bangalore and maintenance case filed in Crl. Misc. no. 223/2022 and recovery case in Crl. Misc. No. 209/2023 pending before the 1st JMTC Mayohall court against the Respondents/petitioners.
5. That, the Respondent No. 1 /petitioner No. 1 has paid sum of Rs. 100000/ by way of cash to the Petitioner/ Respondent and her son Tippu sultan towards the full and final settlement of the maintenance and compensation and the complainant and her son will have further claims against the Respondents/petitioners.
6. That, the Respondents/petitioners and Petitioner/Respondent have no other claims against each other.
7. That the both parties have settled their disputes and matter has been compromised between the parties in the presence of the well-wisher.
9. That the above offences are compoundable with the permission of the court.
PRAYER
wherefore it is most respectfully prayed that this Hon'ble may please to:
1. Allow application filed u/s 320 of CRPC and permit the parties compound the offences.
2. pleased to quash the entire proceedings in Crl. Misc. No. 223/2022 filed by the respondent filed under section 12, R/w Sections 18 , 19 , 20 and 22 of Protection of women from domestic Violence act 2005 pending on the file of Hon'ble 1st Judicial Magistrate Traffic Court At Mayohall, M G Road At Bangalore. (JMTC-1) in the interest of justice and equity.”
“JOINT AFFIDAVIT
Nawaz Ahmed Khan Nawaz Ahmed F. S/o Farooq Ahmed Khan Aged about 32, No. 69, Noha street, Bradway Road Cross Shivaji nagar Bangalore North HKP Road Bangalore Karnataka – 560 051 and Smt. Nigar Sultana D/o Mohammed Ghouse Aged about 26
