The petitioners are before this Court calling in

question proceedings in C.C.No.6430/2021, pending on

the file of the XXXII Additional Chief Metropolitan

Magistrate,

Bengaluru,

registered

for

the

offences

punishable under Sections 498A, 323, 504 of IPC and

Sections 3 and 4 of Dowry Prohibition Act.

2. Learned counsel appearing for the petitioners and

respondent No.2 in unison submit that during the

pendency of this petition, the parties to the lis have

amicably settled their dispute and file a joint affidavit

before this Court, to that effect.

3. Learned counsel for respondent No.2 also

acknowledges the settlement arrived at between the

parties and submits that the terms have been fulfilled.

- 4 -

4. The joint affidavit reads as follows:

<JOINT AFFIDAVIT

XXXXXXX

1. We state that, I IRFAN KHAN is arrayed as

Petitioner No.1 in the said Petition along

with other Petitioners. The Petitioner

No.2-Kishwar @Kishwar Begum is the

mother of Irfan Khan-Petitioner No.1,

Petitioner No.3-Shabbir @ C.Basha is

the father of Irfan Khan -Petitioner No.1

and Petitioner No.4 Naushad Khan @

Naushad is the uncle of Irfan Khan -

Petitioner No.1. We further state that

the present petition is arising of the

complaint filed by Shahistha Banu -

Respondent No.2 against the present

petitioners in Cr.No.170/2020.

2. We state that the present case is arising

out of the matrimonial dispute and these

petitioners have preferred this Criminal

petition in order to quash the charge

sheet in CC No. 6430/2020 which is now

pending before 32 ACMM, Bengaluru

filed by Madiwala Police.

3. We i.e., Petitioner No.1- Irfan Khan and

the Respondent No.2-Shahistha Banu,

state that our marriage is dissolved as

per

the

khulla

having

entered

on

20.01.2022, and also the Petitioner No.1

has preferred a petition for divorce in OS

No.57/2019,

and

the

matter

was

- 5 -

referred to the mediation and we state

that we in accordance with Khulla

Dated: 20.01.2020, have agreed for

divorce with conditions stipulated in the

Khulla agreement therein.

4. We state that we have agreed to settle all

the disputes amongst us and are being

present before this Hon'ble Court, in

order to comply the conditions as set out

in

the

Khulla

agreement

Dated:

20.01.2020, having entered between us.

The Khulanama reads as follows:

1. That the Nikha/marriage between the

parties

conducted

at

RNA

on:

28.07.2016 at VG Hotel Restaurant and

Lodging

(Party

Hall)

Near,

Bypass

Kothipura Kasaba Hobi Madhur Raod

Kunigal Taluq in presence of both the

families, friends and well wishers at the

presence of both the families, friends

and

well

wishers

at

the

time

of

marriage, as per Islamic rituals and

customs (Muslim Personal Law-Sunni

Islamic Shariyath-Hanafi), as per Islamic

rituals and customs is hereby dissolved

forever

by

means

of

Khulla.

The

husband i.e., First party have released

the second party from his marital

tie/Nikha in lieu an she has given up the

Meher as per Shariyath Law, the Nikha

- 6 -

performed

on:

28.07.2016

by

this

Khulla.

2. Both parties to this Khulla from today

onwards are at full liberty to remarry

any person/s of their choice if they

choose so, to which either of the parties

have no objection whatsoever in terms

of Mohammdan Law.

3. That both parties shall not interfere in

each

other's

personal

affairs

whatsoever/ whosoever in future in the

walk of their lives.

4.

The

first

party

and

second

party

relinquished their rights over the of each

other and in future they are not claiming

any properties.

5. The First party has paid towards Final

Settlement towards all dues, mehar and

Iddad a sum of Rs: 8,00,000/- (Rupees

Eight Lakh Only) to the Second party.

The payment has been made in terms of

Demand Draft in favour of Shahistha

Banu DD no 001872 HDFC BANK Rs

300000 lakhs dated 30/07/2021 was

withdrawn and final amount DD of Rs

5,00,000 Lakhs DD no 005901 HDFC

BANK dated 19/01/2022

6. The First Party has returned all the used

furniture like Show case Ino, steel

almera Ino, wooden Bed Ino, old s