The petitioners are before this Court calling in question the

proceedings in C.C.No.3373/2020, pending before the 32^nd

3

Additional Chief Metropolitan Magistrate, Bengaluru, arising out

of Crime No.180/2019, for the offences punishable under

Sections 498A r/w. 34 of the IPC and Sections 3 and 4 of the

Dowry Prohibition Act, 1961.

2. Heard Sri Irshad Ahmed K., learned counsel for the

petitioners, Smt. K.P.Yashodha, learned High Court Government

Pleader for respondent No.1 and Sri Muzaffar Ahmed, learned

counsel for respondent No.2.

3. The petitioner No.1– husband, other petitioners are his

family members and respondent No.2 is the wife of petitioner

No.1. The parties to the lis have arrived at settlement by

execution of deed of dissolution of marriage by khula.

4. Learned counsel for the petitioners submits that

respondent No.2 – complainant after dissolution of the marriage

has remarried and staying elsewhere.

5. The declaration of khula by mutual consent recognises

the acceptance of the parties for closure of the criminal

4

proceedings and the terms and conditions of the khula nama.

The declaration of khula nama by mutual consent reads as

follows:

"….

….

….

….

NOW THIS DEED TO KHULANAMA AND

ACCEPTANCE OF KHULA FURTHER WITNESSET:

1.

Whereas the First Party seeking Khula from the

Second Party that is the dissolution of the

marriage solemnized on 08.09.2018 and same is

accepted by the Second Party , the First Party

hereby tendered divorce by way of Khula to the

Second Party and the same is accepted by him in

the presence of witnesses and family members

with immediate effect which is irrevocable,

absolute and forever and that the Second Party

accepts the same and hence all the rights and

obligations

of

Parties

which

arose

by

solemnization of their marriage on 08.09.2018 do

hereby stand terminated with immediate effect

and the terms following hereafter shall be

irrevocable and binding on the parties absolutely

and forever.

2.

The Parties to this Deed are at full liberty to

remarry any person of their choice if they choose

to do so for which either of the Parties have no

objection whatsoever in terms and Mohammedan

Law.

5

3.

The Parties withdraw their allegations made

against each other and shall desist from making

any allegations, abuses to each other henceforth.

4.

This Deed is made and executed in accordance

with Chapter XVI under section 31.9(2) of Mullah

Principles of Mohammedan Law by Justice

M.Hidayathullah, and both the parties agree to

release each other from the Marriage Ties.

5.

That the Parties shall not interfere in each other’s

day

today

activities

and

personal

affairs

whatsoever/whomsoever in future in the walk of

their future lives.

6.

This Deed is drawn on proper non-judicial stamp

paper duly signed by both the Parties in the

presence of witnesses in two sets, one set each is

retained by the First and the Second Party

respectively.

7.

That the contents of this Deed is read over,

translated, explained in their mother tongue /

language known to the Parties in the presence of

the

witnesses and on

their satisfaction /

settlement the parties have set their respective

hand to this deed.

8.

The parties to this deed shall sign all such

required and necessary papers, instruments etc at

the time of executing this deed of Khula with no

future or further claims against each other in

order to give a clear and perfect deed in respect of

marriage solemnized on 08.09.2018 which stands

dissolved.

6

ACCEPTANCE OF KULA BY THE SECOND PARTY

(Husband)

I, Mohammed Khalid Pasha S/o. Aslam Pasha, the

Second Party (husband) hereby accepts the Khula

tender by the First Party (wife) and have affixed my

signature as acceptance to this Khulanama.”

In the light of the afore-extracted khula deed by mutual

consent, I deem it appropriate to obliterate the proceedings

initiated against the petitioners, as the allegations are not

against the State.

6. For the aforestated reasons, the following:

ORDER

i. The Criminal Petition is disposed.

ii.