Vaseem Alias Waseem S/O Abdul Khadar Mulla Vs the State of Karnataka

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.

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

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

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(ALL ARE R/O. NO.901 RAHEJA RESIDENCE BUILDING “A” GIN AKV MARG DINDOSHI MALAD (EAST)400097 MUMBAI MAHARASHTRA.

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…PETITIONERS

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(BY SRI. SANTOSH B.MANE, ADVOCATE)

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NC: 2025:KHC-D:14953 CRL.P No. 103897 of 2025

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HC-KAR

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AND:

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

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SMT. HAFIZA BEGAM W/O. VASEEM MULLA AGED ABOUT 37 YEARS, OCC. HOUSEHOLD WORK, R/O. BEHIND MODERN HALL LAXMI NAGAR 8^TH CROSS, OLD P.B. ROAD, VIDYAGIRI, DHARWAD-580004.

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…RESPONDENTS

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

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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 III ADDITIONAL SENIOR CIVIL JUDGE AND JMFC COURT DHARWAD IN CC NO.1185/2020 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 354, 323, 504, 506 R/W SECTION 34 OF IPC IN VIDYAGIRI P.S. CR.NO.07/2020, IN THE INTEREST OF JUSTICE AND EQUITY.

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

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NC: 2025:KHC-D:14953 CRL.P No. 103897 of 2025

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HC-KAR

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ORAL ORDER

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

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Learned High Court Government Pleader accepts

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notice for respondent No.1-State.

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

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Learned counsel for the petitioners filed a memo reporting the death of the complainant along with death certificate.

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The same is taken on record.

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The victim who is the daughter of the

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complainant, is present before this Court.

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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 victim.

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HC-KAR

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The said application is accompanied with the

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affidavit of the victim. The averments of the affidavit are as under;

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1. “I submit that the above petition is filed seeking for the relief of quashing of the criminal proceedings initiated against the petitioners for the alleged offences punishable under Sec 354,323,504,506 R/w 34 IPC.

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2. 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 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 already placed before this Hon'ble Court along with this petition for the kind consideration of this Hon'ble Court.

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3. 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 criminal complaints filed against the petitioners in different courts including the one which is subject matter of the above petition.

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HC-KAR

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4. 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.

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5. It is submitted that both of us have decided to get separated 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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6. 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.”

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