The High Court accepted a settlement affidavit filed by the petitioners and the respondent. Since the offences were not against the State, the Court accepted the application for compounding and terminated the proceedings against the petitioners.
Criminal Petition disposed; proceedings in Crime No.20/2024 against the petitioners quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2024:KHC:44685 CRL.P No. 3645 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 5TH DAY OF NOVEMBER, 2024
BEFORE
THE HON'BLE MR JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 3645 OF 2024
BETWEEN:
…PETITIONERS
Digitally signed by NAGAVENI Location: HIGH COURT OF KARNATAKA
(BY SRI. S.N. SAMEER, ADVOCATE AND SRI. M.K. NIYAZUDDIN, ADVOCATE)
AND:
NC: 2024:KHC:44685 CRL.P No. 3645 of 2024
R/O NO.77, NISHAD MANSION, ROYAL ENCLAVE, 1ST CROSS, NAIDU NAGARA, MYSURU - 570 007.
…RESPONDENTS
(BY SRI. RANGASWAMY R, HCGP FOR R1; SRI. NIZAM ABBAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO QUASH THE PROCEEDINGS IN CR.NO.20/2024 OF MYSURU CITY WOMEN POLICE STATION, FOR THE OFFENCES P/U/S 498A, 323, 504 R/W 34 AND SEC. 3 AND 4 OF D.P. ACT, 1961 AND SEC. 4 OF THE WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT, 2019 AND SUBMITTED TO THE HONBLE 7TH ADDL. CIVIL JUDGE (SR.DN.) AND JMFC COURT, JLB ROAD, MYSURU CITY, SO FAR AS IT RELATES TO THESE PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE M.NAGAPRASANNA
ORAL ORDER
The petitioners are before this Court calling in question the registration of a crime in Crime No.20/2024 registered for offences punishable under Sections 498A, 323, 504 read with Section 34 of the IPC, under Sections 3 and 4 of the Dowry
NC: 2024:KHC:44685 CRL.P No. 3645 of 2024
Prohibition Act, 1961 and under Sections 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
it transpires that the parties to the lis have entered into a settlement and have placed on record such settlement along with the joint affidavit. Terms of settlement reads as follows:
" JOINT AFFIDAVIT
We, 1) Mrs Fathima, W/o M. H. Fazlulla @ Fazalulla, Aged about 70 years, R/o No.4/143-1, Bypass road, Infront of Police Ground, Kushalnagar, Kodagu-571234, 2) Mr M H Fazlulla @ Fazalulla S/o Abdul Hameed, Aged about 83 years, R/o No.4/143-1, Bypass Road, Infront of Police Ground, Kushalnagar, Kodagu 571234, 3) Farhana Sultana W/o Farhan F, aged about 25 years, R/o No.77, Nishad Mansion, Royal Enclave, 1st cross, Naidu Nagara, Mysuru-570 007 do hereby solemnly make oath and affirm on state as follows;
NC: 2024:KHC:44685 CRL.P No. 3645 of 2024
504 R/w 34 and Section 3 and 4 of Dowry Prohibition Act 1961 and Section 4 of The Women (Protection of Rights on Marriage) Act, 2019 on the file of Hon'ble 7th Addl Civil Judge (Sr.Dn) & JMFC Court, JLB Road, Mysuru.
WHEREFORE, we the petitioners No.1 and 2 and the respondent No.2 most respectfully pray that this Hon'ble High Court may kindly be pleased to quash the FIR registered against the petitioners in Mysuru City Women Police Station in Crime No.20/2024 for the alleged offence punishable under Section 498 (A), 323, 504 R/w 34 and Section 3 and 4 of Dowry Prohibition Act 1961 and Section 4 of The Women (Protection of Rights on Marriage) Act, 2019 on the file of Hon'ble 7th Addl Civil Judge (Sr.Dn) & JMFC Court, JLB Road, Mysuru, in the interest of Justice and equity.
We do hereby declare that what is stated in this affidavit is true and correct to the best of our knowledge, belief and Information and to that effect we have signed this affidavit."
filed along with the joint affidavit and offences not being against the State, I deem it appropriate to accept the compounding application and terminate the proceedings against
the petitioners in the subject petition.
ORDER
Sd/(M.NAGAPRASANNA)
JUDGE
SJK List No.: 1 Sl No.: 48 CT: BHK
1 issue framed by the court
Whether the High Court should quash criminal proceedings where a settlement has been reached between parties involving compounding of offences not against the State.
Mrs. Fathima
Mr. M.H. Fazlulla @ Fazalulla
State
Farhana Sultana Naz
M.Nagapranna
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
