Vaseem Alias Waseem S/O Abdul Khadar Mulla Vs the State… — Domestic Violence | Karnataka HC (2025)

Vaseem Alias Waseem S/O Abdul Khadar Mulla Vs the State… — Domestic Violence | Karnataka HC (2025)

What the court decided

AI extract

Outcome

Petition allowed in terms of the application under Section 320 Cr.P.C. read with Section 359 BNSS; entire proceedings in C.C.No.328/2020 pending on the file of the II Additional Civil Judge and JMFC II Court, Dharwad, quashed; pending I.As., if any, disposed of.

Issue for consideration

Whether the criminal proceedings in C.C.No.328/2020 pending on the file of the II Additional Civil Judge and JMFC II Court, Dharwad (arising from Women P.S. Dharwad Cr.No.12/2020, for offences under Sections 498(A), 323, 504, 506 r/w 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act) should be quashed on the basis of the settlement between the parties, via the application under Section 320 Cr.P.C. read with Section 359 BNSS.

Court's answer

Considering the averments made in the affidavit accompanying the application (compounding/settlement under Section 320 Cr.P.C. read with Section 359 BNSS), there is no embargo on this Court to record the settlement between the parties.

Ratio / Principle

The petition is allowed in terms of the application filed under Section 320 of Cr.P.C. read with Section 359 of BNSS.

Key takeaways

The entire proceedings in C.C.No.328/2020 pending on the file of the II Additional Civil Judge and JMFC II Court, Dharwad, are quashed.ratio¶54

Detailed headnote1 paragraphs

Criminal Petition under S.482 Cr.P.C. / S.528 BNSS, 2023 - Quashing of criminal proceedings - Offences under Ss.498(A), 323, 504, 506 r/w S.149 IPC and Ss.3 & 4 Dowry Prohibition Act (Women P.S. Dharwad Cr.No.12/2020; C.C.No.328/2020, II Addl. Civil Judge & JMFC-II Court, Dharwad) - Parties amicably settled the matrimonial dispute; joint memo filed in Crl.Misc.15/2020 (Domestic Violence Act proceedings against petitioner No.1); complainant's affidavit records free-will withdrawal of all allegations and complaints, receipt of permanent alimony of Rs.9,00,000/- (of which Rs.4,50,000/- paid via demand draft No.160355 dated 17-04-2025), and mutual-consent divorce in O.S.No.21/2023 before Family Court, Dharwad - Application under S.320 Cr.P.C. r/w S.359 BNSS for recording settlement/compounding found unobjectionable - Petition allowed; entire proceedings in C.C.No.328/2020 quashed.

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NC: 2025:KHC-D:14952 CRL.P No. 103835 of 2025

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IN THE HIGH COURT OF KARNATAKA, AT DHARWAD

DATED THIS THE 3^RD DAY OF NOVEMBER, 2025

BEFORE

THE HON'BLE MR. JUSTICE S.RACHAIAH

CRIMINAL PETITION NO.103835 OF 2025 (482(Cr.PC)/528(BNSS))

BETWEEN:

VASEEM @ WASEEM S/O. ABDUL KHADAR MULLA, AGED ABOUT MAJOR, OCC. SALES MANAGER.

CHANDABI W/O. ABDUL KHADAR MULLA, AGED ABOUT 75 YEARS, OCC. HOUSEHOLD WORK, (BOTH ARE R/O A-302, JEJRO APARTMENT PREMIER ROAD BANK OF BARODA, KURLA WEST MUMBAI MAHARASHTRA-400070.

Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA

SMT FATIMA W/O. HASHAM MULLA, AGED ABOUT 70 YEARS, OCC. HOUSEHOLD WORK,

HASHMA S/O. BASHA MULLA, AGED ABOUT 74 YEARS, OCC. PRIVATE WORK,

ISTIYAK S/O. HASHAM MULLA, AGED ABOUT 50 YEARS, OCC. PRIVATE WORK, (ALL ARE R/O NO.901 RAHEJA, RESIDENT BUILDING, “A” GIN AKV MARG DINDOSHI MALAD (EAST) 4000097 MUMBAI MAHARASTRA.

…PETITIONERS

(BY SRI. SANTOSH B.MANE, ADVOCATE)

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AND:

THE STATE OF KARNATAKA REPRESENTED BY STATION OFFICER WOMAN P.S HUBBALLI-DHARWAD BY THE SPP HIGH COURT OF KARNATAKA BENCH AT DHARWAD.

MAQUBUL AHAMMAD S/O ADBUL RAJAQ, AGED ABOUT 68 YEARS, OCC. NOT KNOWN, R/O. BEHIND MODERN HALL, LAXMI NAGAR 8^TH CROSS, OLD P.B. ROAD, VIDYAGIRI, DHARWAD-580004.

…RESPONDENTS

(BY SRI. PRAVEEN Y.DEVAREDDI, HCGP FOR R1; SRI. N.D. GUNDE, ADVOCATE FOR R2)

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023) PRAYING TO, QUASH THE CRIMINAL PROCEEDINGS PENDING ON THE FILE OF II ADDITIONAL CIVIL JUDGE AND JMFC II COURT DHARWAD IN CC NO.328/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTION 498(A), 323, 504, 506 R/W SECTION 149 OF IPC AND SECTION 3 AND 4 OF THE DOWRY PROHIBITION ACT IN WOMEN P.S. DHARWAD CR.NO.12/2020, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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ORAL ORDER

(PER: THE HON'BLE MR. JUSTICE S.RACHAIAH)

Learned counsel Sri. Neelendra D. Gunde, filed vakalath for respondent No.2

Learned counsel for the petitioners filed an application under Section 320 of the Cr.P.C. read with Section 359 of BNSS, stating that the matter has been settled between the petitioners and the respondent.

The said application is accompanied with the

affidavit of the complainant. The averments of the affidavit is as under;

“7. I submit that I am 2^nd respondent in the above petition which is filed seeking for the relief of quashing of the criminal proceedings initiated against the petitioners for the alleged offences punishable under Sec 498(A), 323,504,506 R/w Sec 149 of IPC and Sec 3 & 4 of the DP Act.

8. It is submitted that myself and the petitioners have amicably settled the dispute between us with the active intervention of the elders and relatives of the parties and in this regard we have already filed a joint memo in the

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proceedings initiated against the petitioner No 1 in Crl Misc 15/2020 for Domestic violence act. The copy of the joint memo filed before the trial court is also produced along with this petition for the kind consideration of this Hon'ble Court.

9. It is submitted that both of us have agreed to withdraw all the allegations levelled against each other and I have agreed to withdraw all the complaints filed against the petitioners in different courts including the one which is subject matter of the above petition.

10. It is submitted as per the compromise I have agreed to receive permanent alimony of Rs. 9,00,000/- towards the full and final settlement. Out of which a sum of Rs. 4,50,000/-through/by way of demand draft bearing No 160355 dated 17-4-2025 has already been handed over to me before the trial court in Crl Misc No 15/2020 which has been accepted by me.

11. It is submitted that both of us have decided to separate peacefully and lead our future life without any dispute with each other and agreed to seek for the mutual consent decree for divorce/ dissolution of our marriage in OS No 21/2023 pending on the file of the Family Court Dharwad.

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12. Therefore with the free will I have agreed and inclined to withdraw all the allegations and criminal cases filed against the petitioners as agreed before the trial court in Crl Misc 15/2020 and the present petition for compounding the offences alleged against the petitioners is accepted by me with free will and not under any pressure or coercion.”

4. Considering the averments made in the affidavit

accompanying the application, there is no embargo on this Court to record the settlement.

Accordingly, I proceed to pass the following:

ORDER .

i) The petition is allowed in terms of the application filed under Section 320 of Cr.P.C. read with Section 359 of BNSS.

ii) The entire proceedings in C.C.No.328/2020 pending on the file of II Additional Civil Judge and JMFC II Court, Dharwad, is hereby quashed.

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iii) In view of the disposal of the main petition,

pending I.As, if any, are disposed of.

Sd/(S.RACHAIAH) JUDGE

SMM/CT: UMD List No.: 2 Sl No.: 67