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Mr. Mohammed Tausif vs Mrs Zaiba Bakthiyar
2025 Latest Caselaw 6464 Kant

Citation : 2025 Latest Caselaw 6464 Kant
Judgement Date : 20 June, 2025

Karnataka High Court

Mr. Mohammed Tausif vs Mrs Zaiba Bakthiyar on 20 June, 2025

Author: Shivashankar Amarannavar
Bench: Shivashankar Amarannavar
                                                  -1-
                                                               NC: 2025:KHC:21402
                                                        CRL.RP No. 1223 of 2024


                      HC-KAR




                           IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                               DATED THIS THE 20TH DAY OF JUNE, 2025

                                               BEFORE
                      THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR
                           CRIMINAL REVISION PETITION NO. 1223 OF 2024

                      BETWEEN:

                            MR. MOHAMMED TAUSIF
                            S/O. ANWAR JAN,
                            AGED ABOUT 34 YEARS,
                            R/AT 61 A, 3RD CROSS, MAIN ROAD,
                            ITI LAYOUT, NAYANDAHALLI,
                            BANGALORE-560 039.
                                                                    ...PETITIONER

                      (BY SRI GANAPATHI BHAT, ADVOCATE FOR
                          SRI AKSHAY KUMAR JAIN, ADVOCATE)

                      AND:

                      1.    MRS ZAIBA BAKTHIYAR
                            W/O. MOHAMMED TAUSIF,
                            AGED BOUT 30 YEARS,
                            RESIDING AT NO. 12-1-21A,
Digitally signed by
LAKSHMINARAYANA             T.B. CROSS, T.B. EXTENSION MOHALLA,
MURTHY RAJASHRI             RAMANAGARA-562 159.
Location: HIGH
COURT OF
KARNATAKA             2.    MAHIRA FATHIMA
                            D/O. MOHAMMED TAUSIF,
                            AGED BOUT 04 YEARS,
                            REPRESENTED BY HER MOTHER,
                            MRS. ZAIBA BAKTHIYAR,
                            RESIDING AT NO. 12-1-21A,
                            T.B. CROSS, T.B. EXTENSION MOHALLA,
                            RAMANAGARA-562 159.

                                                                  ...RESPONDENTS
                              -2-
                                            NC: 2025:KHC:21402
                                       CRL.RP No. 1223 of 2024


HC-KAR




(BY SMT. GOWHAR UNNISA, ADVOCATE FOR
    SRI SRIHARI N.S., ADVOCATE FOR R-1
    R-2 IS MINOR REP. BY R-1)

     THIS CRL.RP IS FILED UNDER SECTION 397 READ WITH
SECTION 401 CR.P.C (U/S 438 R/W 442 BNSS) PRAYING TO
SET    ASIDE    THE     ORDER   DTD    18.11.2023   IN
CRL.MISC.NO.17/2023 PASSED BY THE MMTC-IV, BANGALORE
ON IA.NO.I GRANTING INTERIM MAINTENANCE OF RS.20,000/-
MONTH, WHICH IS CONFIRMED AS PER JUDGEMENT DTD
09.09.2024   IN  CRL.A.NO.146/2024 PASSED     BY  LXIV
ADDITIONAL CITY CIVIL AND SESSIONS JUDGE AT
BANGALORE.

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


CORAM:    HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

                       ORAL ORDER

Respondents have initiated proceedings againt the

petitioner under Section 12 of the Protection of Women from

Domestic Violence Act, 2005 in Crl.Misc.No.17/2023 on the file

of the Metropolitan Magistrate Traffic Court-IV, Bengaluru. In

the said case an interim maintenance has been granted on the

application filed by respondents in IA No.I and order is dated

18.11.2023. The said order has been challenged by the

petitioner in Crl.A.No.146/2024 on the file of the LXIV

Additional City Civil and Sessions Judge (CCH-65), Bengaluru.

NC: 2025:KHC:21402

HC-KAR

The said appeal came to be dismissed by judgment dated

09.09.2024. The petitioner has challenged the orders passed by

the Appellate Court and Trial Court in this Criminal Revision

Petition.

2. The petitioner and respondent No.1 are present.

Respondent No.1 is minor guardian of respondent No.2. Joint

memo has been filed and it is signed by the petitioner,

respondent No.1 and counsel for the petitioner.

3. Respondent No.1 is present and submits that now

she has settled the matter with the petitioner, she is residing

with the petitioner and she has withdrawn Crl.Misc.No.17/2023

pending on the file of the Metropolitan Magistrate Traffic Court-

IV, Bengaluru. Respondent No.1 has been identified by Smt.

Gowhar Unnisa, practicing advocate of this Court. The terms of

the joint memo reads as under;

"1.All the disputes between the parties have been amicably settled with the intervention of well wishers and relatives.

2. Both the parties along with their child have been residing together peacefully under the same roof since from 04-06-2025 and all the difference between them has been resolved.

NC: 2025:KHC:21402

HC-KAR

3. Respondent No.1-wife has withdrawn all the proceedings pending before the trial Court in Crl. Misc No. 17/2023 and Crl.Misc No. 18 of 2024 on the file of Judicial Magistrate First Class (Traffic Court-IV) Bengaluru City. Petitioner and Respondent No.1-wife have no claims and counterclaims of whatsoever nature in future.

4. Respondent No.1-wife has agreed to withdraw the criminal case pending in Crime No.339/2022 of Basavanagudi Women's Police Station filed against the husband and in-laws. Respondent No.1 has no objections for allowing the Writ petition No. 28959/2023 and Writ Petition No. 28769/2023 filed by the Petitioner for quashing of the FIR in Crime No.339/2022 of Basavanagudi Women's Police Station pending on the file of 37th Addl. CMM Court, Nrupatunga Road, Bengaluru and both the parties shall cooperate with each other for closure of the said criminal case by filing necessary application in the said Writ petitions.

5. The parties have entered into the compromise voluntarily and there is no force, coercion and undue influence from any of the parties."

4. In view of the settlement of the matter between

parties and in view of withdrawal of Crl.Misc.No.17/2023, this

NC: 2025:KHC:21402

HC-KAR

Criminal Revision Petition is requires to be disposed of in terms

of joint memo filed by the petitioner and respondents.

5. Hence, the Criminal Revision Petition is disposed

of in terms of joint memo.

Sd/-

(SHIVASHANKAR AMARANNAVAR) JUDGE

DSP

 
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