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