Syed Khudrath Ulla Vs Mrs Shaziya Banu

THIS CRL.RP IS FILED U/S 397 R/W 401 CR.PC (FILED U/S 438 R/W 442 BNNS) BY THE ADVOCATE FOR THE PETITIONER PRAYING THAT THIS HONOURABLE COURT MAY BE PLEASED TO SET ASIDE THE JUDGMENT AND ORDER DATED 21/12/2022 PASSED BY THE 4TH ADDL. CIVIL JUDGE AND JMFC HASSAN IN CRIME MISC. NO. 681/2016 AND SET ASIDE THE JUDGMENT AND ORDER PASSED ON 17/08/2024 IN CRL. APPEAL NO. 9/2023 PASSED BY THE VTH ADDL. DISTRICT AND SESSIONS JUDGE AT HASSAN BY ALLOWING THIS CRIMINAL REVISION PETITION.

¶26

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

¶27

CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY

¶28

3 - NC: 2026:KHC:740 CRL.RP No. 1269 of 2024

¶29

HC-KAR

¶30

ORAL ORDER

¶31

Petitioners are before this Court in this Criminal revision petition filed under Section 397 read with 401 of Cr.PC with a prayer to set aside the order dated 21.12.2022 passed in Crl.Misc.No.681/2016 by the Court of 4^th Additional Civil Judge and JMFC, Hassan and the judgment and order dated 17.08.2024 passed in Crl.A.No.9/2023 by the Court of V Additional District and Sessions Court, Hassan.

¶32

Heard the learned counsel for the parties.

¶33

Learned Counsel for the petitioners and learned

¶34

counsel for respondents jointly submit that dispute between the parties has been amicably settled before the Mediation Centre at Bengaluru and the parties have executed memorandum of settlement before the Mediation Centre at Bengaluru on 17.12.2025. They submit that having regard to the settlement arrived between the parties, this Criminal revision petition may be disposed of, in terms of the settlement. They also submit that

¶35

4 -

¶36

NC: 2026:KHC:740 CRL.RP No. 1269 of 2024

¶37

HC-KAR

¶38

settlement between the parties is voluntary without there being any undue influence or coercion. The parties who are present before this Court are identified by their learned advocates.

¶39

The memorandum of settlement dated

¶40

17.12.2025 executed between the parties before the Mediation Centre at Bengaluru is placed on record.

¶41

The same is signed by the parties and also by

¶42

their respective learned advocates. Respondent Nos.1 and 2 herein are the wife and son of petitioner No.1. Petitioner No.2, is the mother of petitioner No.1. In paragraph Nos.2 to 10 of the memorandum of settlement, it is stated as follows:

¶43

"2. The 1st petitioner herein has agreed to pay an amount of Rs.12,00,000/- (Rupees Twelve Lakhs Only) to the 1st respondent as full and final settlement of permanent alimony. Out of which Rs.6,00,000/- (Rupees Six Lakhs Only) to the 1st respondent by way of demand draft at the time of disposal of W.P No.43396/2018, 43397/2018 and

¶44

5 -

¶45

NC: 2026:KHC:740 CRL.RP No. 1269 of 2024

¶46

HC-KAR

¶47

43398/2018 on the file of Hon'ble High Court of Karnataka, Bengaluru for quashing of C.C No. 188/2016 on the file of IV Addl. Junior Civil Judge and JMFC, Hassan. The 1st petitioner agreed to take steps for disposal of the above said write petitions pending the before Hon'ble High Court of Karnataka, Bengaluru and the 1st respondent agreed to cooperate for the same.

¶48

3. The 1st respondent agreed to cooperate with the petitioners for closure/quashing of C.C No. 15919/2019 on the file of 30th ACMM, Bengaluru, in Crl.P.No.1416/2020 pending before the Hon'ble High Court of Karnataka, Bengaluru.

¶49

4. The 1st respondent agreed to withdraw Crl. Misc. No.198/2024 on the file of IV Addl. Junior Civil Judge Cum JMFC, Hassan against the petitioners.

¶50

5. The 1st respondent agreed to file a suit seeking divorce against the 1st petitioner and 1st petitioner agreed to cooperate with the 1st respondent for the disposal of the suit in obtaining the decree of divorce. The 1st petitioner has agreed to pay the balance amount of Rs.6,00,000/- (Rupees six Lakhs Only) to the 1st respondent at the time of disposal of the divorce suit. which would be filed by the 1st respondent by way of demand draft before the Hon'ble Court.

¶51

6 -

¶52

NC: 2026:KHC:740 CRL.RP No. 1269 of 2024

¶53

HC-KAR

¶54

6. The 1st petitioner and the 1st respondent state that they have a child by name Aalim Zain, born on 09.03.2015, now aged about 10 years, presently under the care and custody of the 1st respondent/mother and shall continue to be so in future for which the 1st petitioner/father has no objection.

¶55

7. The 1st respondent has agreed to provide the visiting right to the 1st petitioner on prior intimation to the 1st respondent without disturbing the education, peace and extra curricular activities of the child. The 1st petitioner agreed to the 1st respondent for taking their son to abroad with intimation to the 1st petitioner and agreed to co-operate with the 1st respondent in obtaining passport and visa to the minor child by name Aalim Zain. The 1st respondent has agreed to inform to the 1st petitioner at the time of going to abroad along with their son and the period of their stay. The 1st respondent has agreed to provide access to the 1st petitioner to speak with his son by online or whatsapp. The 1st petitioner has agreed for the same.

¶56

8. The 1st petitioner agreed to call the 2nd respondent from his phone bearing No.9900328856 to the phone of the 1st respondent bearing No.9738281870 to speak with 2nd respondent. The 1st respondent agreed for the same. Both parties

¶57

7 -

¶58

NC: 2026:KHC:740 CRL.RP No. 1269 of 2024

¶59

HC-KAR

¶60

agreed to exchange the information in the event of any change of their phone numbers.

¶61

9. The 1st petitioner has agreed to pay a sum of Rs.5,000/- (Rupees Five Thousand Only) per month to the 1st respondent towards maintenance of their son/2nd respondent on or before 10th of every calendar month. The 1st petitioner also agreed to pay a sum of Rs.15,000/- (Rupees Fifteen Thousand Only) per annum to the 1st respondent towards educational expenses of their son/2nd respondent on or before 30th June of every year. The amount paid towards maintenance and educational expenses of the 2nd respondent shall be kept in the separate account in the name of the 2nd respondent which would to be opened in any Bank by the 1st respondent. The 1st respondent will be at liberty to withdraw the same for the maintenance and educational expenses of the 2nd respondent. The 1st respondent agreed to inform the 1st petitioner regarding the account details of the 2nd respondent to enable him to deposit the amount.

¶62

10. The 1st respondent has agreed to provide the information regarding the school particulars, where the 2nd respondent in admitted to pursue his education. The 1st petitioner agreed for the same."

¶63