Sri Mohammed Omar Vs Mrs. Afreen Khanum

SRI. MOHAMMED SADIQ, S/O. MOHAMMED NOORULLA, AGED ABOUT 33 YEARS, R/AT NO.329/9, 14TH MAIN ROAD, 15^TH CROSS, OLD GUDDADAHALLI, DEVARAJ URS NAGAR, BENGALURU 560 026.

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ADDRESS SHOWN IN THE PETITION NO.U-11, NEW NO.28, 7TH MAIN ROAD, PADARAYANAPURA, BENGALURU 560 026.

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…PETITIONERS

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(BY SRI. TEJAS N.,ADVOCATE)

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AND:

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MRS. AFREEN KHANUM W/O. MOHAMMED OMAR, D/O. AFSAR KHAN, AGED ABOUT 24 YEARS, R/AT NO.24, 7TH MAIN ROAD, PADARAYANAPURA, BENGALURU - 560 026.

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BABY. AIRAH MEHRAJ, D/O. MOHAMMED OMAR, AGED ABOUT 1 YEAR 4 MONTHS,

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3 - NC: 2025:KHC:31386 CRL.P No. 11719 of 2025

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HC-KAR

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REPRESENTED BY,

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THE FIRST RESPONDENT - MOTHER.

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…RESPONDENTS

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CRL.P IS FILED U/S 482 CR.PC PRAYING TO QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN CRL.MISC.NO.123/2024 ON THE FILE OF THE HONBLE VI MMTC BENGALURU AS AN ABUSE OF PROCESS OF LAW.

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

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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This petition is filed by the petitioners/husband and

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his parents seeking quashing of the proceedings in Crl.Misc.No.123/2024 seeking reliefs under Sections 12, 15, 16, 18(d), (e) and (f), 19(f), 20(i)(b) and (d), 22 and 23 of the Protection of Women from Domestic Violence Act, 2005, (hereinafter referred to as 'the DV Act' for short) pending on the file of the VI MMTC, Bengaluru.

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Today, a joint memorandum of settlement, duly signed by the parties and their respective counsel, has been filed before this Court. Along with the joint memo, the parties have placed reliance upon the compromise

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NC: 2025:KHC:31386 CRL.P No. 11719 of 2025

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HC-KAR

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recorded in O.S.No.368/2024, which reflects the mutual understanding and agreement between the parties.

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This Court, in order to ensure voluntariness,

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has enquired from respondent No.1/wife whether any coercion, undue influence, or pressure was exerted on her to concede for closure of the criminal proceedings. She has submitted on oath that she has voluntarily entered into the compromise recorded in O.S.No.368/2024 and, in accordance with the terms of the compromise, she has already received a sum of Rs.15,00,000/- by way of demand draft. She further states that as per the terms of the settlement, the petitioner/husband was required to pay the balance amount of Rs.15,00,000/- in order to secure the closure of the criminal proceedings.

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Today, the petitioner/husband has paid the balance amount of Rs.15,00,000/- by way of demand draft. Since the entire permanent alimony agreed under the compromise has now been fully paid to respondent

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NC: 2025:KHC:31386 CRL.P No. 11719 of 2025

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HC-KAR

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No.1/wife, she has requested this Court to quash the entire proceedings in Crl.Misc.No.123/2024.

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In view of the amicable settlement between the parties, and considering that the marriage between the petitioner/husband and respondent/wife has been dissolved and the permanent alimony has been fully discharged, this Court is of the opinion that, as the complainant/respondent No.1 is no longer willing to pursue the criminal proceedings, it would be just and proper to quash the same in the interest of justice.

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