Abdul Rahman Vs State of Karnataka

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NC: 2026:KHC:30099 CRL.P No. 5107 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 18^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 5107 OF 2023

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BETWEEN:

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ABDUL RAHMAN, S/O LATE SADIQ PASHA, AGED 29 YEARS, R/A NO.1191, 21ST CROSS, 3RD BLOCK, 1ST STAGE, H R B R LAYOUT, BANGALORE-560043, PRESENTLY AT NO.1578, 12TH B CROSS, PILLANNA GARDEN, 3RD STAGE, BANGALORE-560045.

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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SMT. SHABANA BEGUM, W/O SALEEM PASHA, AGED ABOUT 47 YEARS, NO.B-1, PARA MOUNT APARTMENT, OPP TO DANISH CHICKEN SHOP, 3RD STAGE, PILLANNA GARDEN, BANGALORE-560045.

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SRI. ABDUL RAWOOF, S/O SADIQ PASHA, AGED ABOUT 30 YEARS, PRESENTLY R/A ASLAM'S RENTED HOUSE, OPPOSITE DOMINIC SCHOOL, GOVINDAPURA, BANGALORE-560045.

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MOHAMMAD UMMAR FAROOQ, S/O SALEEM PASHA,

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NC: 2026:KHC:30099 CRL.P No. 5107 of 2023

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HC-KAR

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AGED ABOUT 21 YEARS, NO.B-1, PARA MOUNT APARTMENTS, OPP TO DANISH CHICKEN SHOP, 3RD STAGE, PILLANNA GARDEN, BANGALORE-560045.

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…PETITIONERS

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(BY SRI. MAHESH S, ADVOCATE)

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AND:

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STATE OF KARNATAKA, BY KADUGONDANAHALLI POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU-560001.

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SMT. RABIYA KHANUM, W/O ABDUL REHAMAN, AGED ABOUT 20 YEARS, R/AT NO.1191, 21ST CROSS, 3RD BLOCK, 1ST STAGE, HBR LAYOUT, BENGALURU-560043.

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PRESENTLY AT. C/O HAMEED KHAN, NO.3, 12TH CROSS, SONNAPPA BLOCK, 3RD STAGE, PILLANNA GARDEN, BANGALORE-560043.

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…RESPONDENTS

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(BY SMT.M.M.WAHEEDA, HCGP FOR R1; SRI.HARISH KUMAR M.S., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS AS AGAINST PETITIONERS IN S.C.NO.568/2023 PENDING BEFORE THE HONBLE XLV ADDL. CITY CIVIL AND SESSIONS JUDGE (CCH-46) BENGALURU FOR OFFENCES P/U/S 498A,307 R/W 34 OF IPC REGISTERED BY THE 1ST RESPONDENT KADUGONDANAHALLI POLICE.

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3 - NC: 2026:KHC:30099 CRL.P No. 5107 of 2023

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question proceedings in S.C.No.568/2023 pending before the XLV Addl. City Civil and Sessions Judge, Bengaluru, for the offences punishable under Sections 498A, 307 read with Section 34 of the Indian Penal Code.

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Heard Sri.Mahesh S, learned counsel appearing for the petitioners, Smt.M.M.Waheeda, learned HCGP appearing for respondent No.1, Sri.Harish Kumar M.S., learned counsel appearing for respondent No.2 and have perused the material on record.

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During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed a compounding application along with the affidavits of

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NC: 2026:KHC:30099 CRL.P No. 5107 of 2023

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HC-KAR

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petitioner No.1 and respondent No.2. The affidavit of petitioner

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No.1 reads as follows:

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“I, Adbul Rahman, S/o. Late Sadiq Pasha, Aged 29 Years, Presently at No 1578, 12th B Cross, Pillanna Garden, 3rd Stage, Bangalore 560 045, do hereby solemnly affirm on oath follows:

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I state that I am the 1" Petitioner in the above case. I know the facts and circumstances of the case. Hence, I am swearing to this affidavit.

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I state that the marriage between me and the 2^nd Respondent was solemnized on 25-08-2019.

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I state that myself and 2^nd respondent were residing separately in Bangalore and a male child was born out of our wedlock. Thereafter, there were certain differences and incompatibility of temperaments between me and the 2^nd respondent, due to which 2^nd Respondent had filed a complaint with the 1^st respondent police making certain allegations against me and petitioners herein.

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I state that based on a complaint filed by 2^nd respondent, the 1^st respondent police had registered a case against me and Petitioners herein for the offence punishable u/s 307, 498A of Indian Penal Code, in Crime No. 148/2021. After registration of Crime No. 148/2021, charge sheet has been filed challenging which the petition seeking quashing has been filed.

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I state that after the present petition seeking quashing of proceedings were filed by me and petitioners herein, efforts were made by the elders, friends and well wishers to resolve the differences between me and the 2^nd Respondent and as a result of intervention of family elders, myself and the 2^nd respondent have amicably resolved our differences and have decided for divorce in accordance with our personal marriage law.

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I state that the in view of separation agreed to between 2^nd respondent and myself, the 2^nd respondent has consented not to prosecute me and petitioners in any manner and agree to withdraw all the allegations against me and other

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NC: 2026:KHC:30099 CRL.P No. 5107 of 2023

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HC-KAR

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petitioners and has expressed no objection for quashing of the criminal proceedings in S.C. No 568/2023 pending before the Hon'ble Addl City Civil and Sessions Judge (CCH-46), Bangalore for offences punishable under section 307, 498A R/w 34 of IPC pending against me and other petitioners herein.

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I state that 2^nd respondent consenting for the proceedings against me and other petitioners to be quashed, the accompanying application deserves to be allowed and myself and 2^nd respondent be permitted to compound the offences.

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I swear that this is my true name and signature and whatever stated above are true and correct to the best of my knowledge, information and belief.”

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The affidavit of respondent No.2 reads as follows:

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“I, Rabiya Khanum, W/o Abdul Rehaman, Aged about 20 years, Residing at No: 1191, 21 Cross, 3rd block, Ist stage, HBR Layout, Bengaluru 560 043, do hereby solemnly affirm on oath as follows:

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I state that I am the 2nd Respondent in the above case. I know the facts and circumstances of the case. Hence, I am swearing to this affidavit.

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I state that the marriage between me and the 1st petitioner was solemnized on 25-08-2019.

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I state that myself and 1st petitioner were residing separately in Bangalore and a male child was born out of our wedlock. Thereafter, there were certain differences and incompatibility of temperaments between me and the 1st petitioner, due to which I had filed a complaint with the 1st respondent police making certain allegations against petitioners herein.

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I state that based on a complaint filed by me, the 1^st respondent police had registered a case against Petitioners herein for the offence punishable u/s 307, 498A of Indian Penal Code, in Crime No. 148/2021. After registration of

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NC: 2026:KHC:30099 CRL.P No. 5107 of 2023

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HC-KAR

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Crime No. 148/2021, charge sheet has been filed challenging which the petition seeking quashing has been filed.

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I state that after the present petition seeking quashing of proceedings were filed by the petitioners herein, efforts were made by the elders, friends and well wishers to resolve the differences between me and the 1^st petitioner and as result of intervention of family elders, myself and the 1^st petitioner have amicably resolved our differences and have decided for divorce in accordance with our personal marriage law.

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I state that the in view of separation agreed to between 1^st petitioner and myself, I have decided not to prosecute the petitioners in any manner and agree to withdraw all the allegations against the petitioners and I have no objection for quashing of the criminal proceedings in S.C. No 568/2023 pending before the Hon'ble Addl City Civil and Sessions Judge (CCH-46), Bangalore for offences punishable under section 307, 498A R/w 34 of IPC pending against the petitioners herein.

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I state that there has been no pressure or undue influence on me to file this affidavit and in view of separation agreed to in presence of family elders, I am consenting for the proceedings against petitioners to be quashed. Hence, the accompanying application deserves to be allowed.

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I swear that this is my true name and signature and whatever stated above are true and correct to the best of my knowledge, information and belief.”

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4. The parties to the lis are present before the Court

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and are identified by their respective counsels.

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In the light of application for compounding being filed along with the affidavits of petitioner No.1 and respondent No.2 and offences not being against the State, I deem it

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NC: 2026:KHC:30099 CRL.P No. 5107 of 2023

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HC-KAR

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appropriate to accept the compounding application and the affidavits of petitioner No.1 and respondent No.2 and terminate the proceedings against the petitioners in the subject petition.

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