Musaddiq Ulla Khan Vs State of Karnataka

THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO ALLOW THIS PETITION AND QUASH THE PROCEEDINGS INITIATED AGAINST THE ABOVE PETITIONERS ARISING OUT OF IMPUGNED CHARGE SHEET IN C.C.NO.235/2024 ARISING OUT OF FIR BEARING

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3 - NC: 2026:KHC:35878 CRL.P No. 838 of 2025

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HC-KAR

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CR.NO.77/2024 REGISTERED WITH RESPONDENT WOMEN'S POLICE STATION, TUMAKURU FOR AN ALLEGED OFFENCE P/U/S 498(A), 323, 504, 34 OF IPC AND SEC.3, 4 OF D.P ACT PENDING ON THE FILE OF HONBLE 2ND ADDL.SENIOR CIVIL JUDGE AND J.M.F.C COURT AT TUMAKURU IN WHICH THESE PETITIONERS ARE ARRAYED AS ACCUSED NO.1 TO 6 RESPECTIVELY.

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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 M.NAGAPRASANNA

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ORAL ORDER

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The petitioners are before this Court calling in question proceedings in C.C.No.235/2024 pending before the 2^nd Addl. Senior Civil Judge and J.M.F.C Court at Tumakuru, for the offences under Sections 498A, 323, 504, 34 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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Heard Sri.Mohamed Ummar Farooq, learned counsel appearing for the petitioners, Smt.Waheeda M.M., learned HCGP appearing for respondent No.1, Sri.Sanmukh Reddy, learned counsel appearing for respondent No.2 and have perused the material on record.

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NC: 2026:KHC:35878 CRL.P No. 838 of 2025

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HC-KAR

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During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves before the Principal Family Court Judge at Tumakuru in Crl.Misc.No.321/2024. The parties to the lis have filed a compounding application along with the affidavit in that regard. The Joint Memo filed before the said Family Court reads as follows:

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“1. That the petitioner and respondent submits that with the advice of elders and well wishers both have agreed to compromise.

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2. The petitioner and respondent were married, as per Mohammed Law. The Marriage is an arranged marriage.

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3. That the marital life of the parties couldn't run happily due tamper mental differences, difference of opinion and incompatibility between the parties, Disputes and differences have been arose as such they could not continue their relationship happily for long time and in result their off, both of them started living separately hence petitioner have filed the Crl. Mis. No. 321/2024 pending before This Hon'bé court and filed Dowry harassment case i.e. C.C..235/2024 for the offences punishable under section 498(A), 323, 504, r/w 34 of IPC and section 3 and 4 of DP act pending on the file 2nd Addl Snr. Civil Judge And JMFC, and the respondent have filed a case i.e. CC 5904/2024 and Crime no.380/2025, pending before The Civil Judge And JMFC, at Tumakuru, in the mean while with the advice of elders and well wishers we have settled the matter by compromise for amount of Rs. 5,00,000/- (Rs. Five Lakhs only) and the Respondent submits that the respondent has paid full and final settlement amount of Rs.5,00,000/- lakh by way of cash in front of the petitioner, elders and well wishers on 05.12.2025, same was acknowledge by them, at Tumakuru.

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NC: 2026:KHC:35878 CRL.P No. 838 of 2025

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HC-KAR

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4. The Petitioner has agreed to not to make any claim of maintenance or of any kind arising with respect to this marriage.

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5. The petitioner and respondent both have agreed to withdraw their petitions and allegations and shall not institute any kind of claim against each other in future.

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6. The Petitioner agreed to withdraw the above mentioned suits, as all the cases become infructuous and also agreed to not to interfere in once personal life here after.

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7. The petitioner and respondent agreed to file mutual divorce petition before the Hon'ble Family court to obtain divorce as per law.

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8. This Joint Memo is made by the petitioner and respondent without any coercion or undue influence from each other.

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9. The Petitioner shall not claim any kind of right over the movables and immovable properties in future from The Respondent/husband.

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10. The Petitioner has agreed to settle her entire claim with regard to matrimonial relationship and has agreed to receive a sum of total Rs.5,00,000/-(Rupees Five Lakhs Only) from the Respondent as full and final settlement of the marriage and also towards the permanent maintenance.

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11. Thus we both agreed to abide with the terms and condition mentioned above with free will consent and in pertinent of our future.

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Wherefore, it is prayed that this Hon'ble Court may kindly be pleased to dismiss the above petition as not pressed as settled out of court in the above case in the Interest of Justice.”

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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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NC: 2026:KHC:35878 CRL.P No. 838 of 2025

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HC-KAR

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In the light of application for compounding being filed along with affidavit and also the joint memo as quoted supra and offences not being against the State, I deem it appropriate to accept the same and terminate the proceedings against the petitioners in the subject petition.

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For the aforesaid reasons, the following:

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ORDER

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[I] Criminal Petition is disposed .

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[II] Proceedings in C.C.No.235/2024 pending before the 2^nd Addl. Senior Civil Judge and J.M.F.C Court at Tumakuru, stands quashed qua the petitioners.

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Sd/(M.NAGAPRASANNA) JUDGE

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CBC

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List No.: 1 Sl No.: 45

Musaddiq Ulla Khan v. State of Karnataka

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Musaddiq Ulla Khan v. State of Karnataka

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