Citation : 2026 Latest Caselaw 1481 Kant
Judgement Date : 19 February, 2026
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CRL.P No. 4387 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA AT BENGALURU
DATED THIS THE 19TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
CRIMINAL PETITION NO. 4387 OF 2023
BETWEEN:
1. MR. SIDDIQ UR REHMAN,
AGED ABOUT 38 YEARS,
S/O ABDUL HAMEED,
NO.52, IST CROSS,
GURAPPANAPALYA, BTM IST STAGE,
BEHIND DIVYA SHREE TOWERS,
BANNERGHATTA ROAD,
BANGALORE - 560 029.
2. MRS MUBEENA BEGUM,
AGED ABOUT 66 YEARS,
W/O ABDUL HAMEED,
NO.52, IST CROSS,
Digitally GURAPPANAPALYA,
signed by
NANDINI M S BTM IST STAGE,
Location:
HIGH COURT BEHIND DIVYA SHREE TOWERSM,
OF
KARNATAKA BANNERGHATTA ROAD,
BANGALORE - 560 029.
3. MR. ABDUL HAMEED,
AGED ABOUT 69 YEARS,
S/O ABDUL HADI,
NO.52, IST CROSS,
GURAPPANAPALYA,
BTM IST STAGE,
BEHIND DIVYA SHREE TOWERSM,
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CRL.P No. 4387 of 2023
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BANNERGHATTA ROAD,
BANGALORE - 560 029.
4. MR ATEEQ UR REHMAN,
AGED ABOUT 40 YEARS,
S/O ABDUL HAMEED,
NO.52, IST CROSS,
GURAPPANAPALYA,
BTM IST STAGE,
BEHIND DIVYA SHREE TOWERSM,
BANNERGHATTA ROAD,
BANGALORE - 560 029.
5. MRS. HAJIRA BEGUM,
AGED ABOUT 31 YEARS,
C/O SHAKUL AHAMEED R,
NO.6, IST FLOOR,
8TH A MAIN ROAD,
BTM IST STAGE,
BANGALORE - 560 029.
...PETITIONERS
(BY SMT.NEERAJA KARANTH, ADVOCATE FOR
SRI.S.DINESH, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
BY STATION HOUSE OFFICER,
S.G. PALYA POLICE STATION,
BENGALURU - 560 029.
REP BY SPP,
HIGH COURT BUILDING,
BENGALURU - 560 001.
2. MRS SHAISTA SAYEEDA,
W/O SIDDIQ UR REHAMAN,
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CRL.P No. 4387 of 2023
HC-KAR
AGED ABOUT 34 YEARS,
R/AT NO.52, IST STAGE,
BTM,. GURUPAANPPALYA,
BANGALORE - 560 029.
...RESPONDENTS
(BY SRI.CHANNAPPA ERAPPA, HCGP FOR R-1;
SRI.SHAHIDA KHANAM.J, ADVOCATE A/W
SRI.MASKOOR HASHIMI.M.D, ADVOCATE FOR R-2)
THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE
FOR THE PETITIONER PRAYING THAT THIS HONOURABLE
COURT MAY BE PLEASED TO QUASH THE FIR
(CR.NO.192/2022) AND CHARGE SHEET IN C.C.NO.35019/2022
REGISTERED BY S.G.PALYA POLICE STATION, BENGALURU FOR
THE ALLEGED OFFENCES P/U/S 498(A) R/W 34 OF IPC AND
ALSO PLEASED TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.35019/2022 PENDING BEFORE THE VI ADDL.C.M.M.,
BENGALURU AS PER ANNEXURE-A, C AND D.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY
ORAL ORDER
Accused Nos.1 to 5 are before this Court in this
petition filed under Section 528 of BNSS, 2023 read with
Section 482 of Cr.PC with a prayer to quash the entire
proceedings in C.C.No.35019/2022 pending before the
Court of VI Additional Chief Metropolitan Magistrate Court,
Bengaluru, arising out of Crime No.192/2022 registered by
Suddaguntepalya Police Station, Bengaluru City, for
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offence punishable under Sections 498A read with Section
34 of IPC.
2. Heard the learned counsel for the parties.
3. Learned Counsel for the petitioners and learned
counsel for respondent No.2 jointly submit that dispute
between the parties has been amicably settled before the
Mediation Centre at Bengaluru and a memorandum of
settlement has been executed between petitioner
No.1/accused No.1 herein and his wife, who is respondent
No.2 in this proceedings. They submit that in view of the
settlement arrived between the parties the impugned
proceedings may be quashed.
4. The said submission is placed on record.
5. The copy of the memorandum of settlement
executed between petitioner No.1/accused No.1 herein
and his wife, who is respondent No.2 in this proceedings,
dated 31.01.2026 is placed on record by the learned
counsel for the petitioners along with the memo dated
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19.02.2026. In paragraph Nos.5 and 27 of the said
memorandum of settlement which is signed by the parties
and their respective advocates, it is stated as follows:
"5. The Respondent has consented to pay Rs. 16,00,000 (RUPEES SIXTEEN LAKH ONLY) (Rs. 10,00,000 (RUPEES TEN LAKH ONLY) for the 1 petitioner and Rs.6,00,000 (RUPEES SIXT LAKH ONLY) for the 2nd petitioner. Out of which Rs.8,00,000 (RUPEES EIGHT LAKH ONLY) shall be paid at the time of closure/quashing of CC No 35019/22 pending on the files of Hon'ble VI ACIM Court at Bangalore and remaining Rs.8,00,000/-
(RUPEES EIGHRT LAKH ONLY) on the date of handing over vacant of possession of the matrimonial house where the petitioner is currently residing before Hon'ble MMTC I on or before 20/02/2026. The 1st petitioner undertakes hereby that after receipt of 1st installment of Rs.8,00,000/- (RUPEES EIGHRT LAKH ONLY) she shall vacate the matrimonial house where she is staying currently and exchange the keys of the house when she receives the balance Rs.8,00,000/- (RUPEES EIGHRT LAKH ONLY) before the Hon'ble Court MMTC-I.
27. The Petitioner No 1 shall co-operate completely in the process of quashing/closing of the pending
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case No.CC 35019 filed by the Petitioner No 1 under Section 498A pending on the files of Hon'ble VI ACJM Court at Bangalore and the complete process of closing/quashing/shall be completed on or before 20/02/2020."
6. Learned Counsel for the petitioners submits that
in terms of paragraph No.5 of the memorandum of
settlement, petitioner No.1/accused No.1 has today paid a
sum of Rs.8,00,000/- (Rupees Eight Lakhs only) to
respondent No.2 vide Demand Draft bearing No.000962
drawn on HDFC Bank. Respondent No.2 who is present in
the Court has acknowledged the receipt of the said
Demand Draft. It is also submitted before this Court that
the balance amount of Rs.8,00,000/- (Rupees Eight Lakhs
only) shall be paid by petitioner No.1/accused No.1 to
respondent No.2 as agreed in the paragraph No.2 of the
memorandum of settlement before the M.M.T.C-1,
Bengaluru in Crl.Misc.No.158/2022.
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7. Under these circumstances, I am of the opinion
that the prayer made in this petition needs to be granted.
Accordingly, the following:
ORDER
i. The Criminal petition is allowed.
ii. The entire proceedings in C.C.No.35019/2022 pending before the the Court of VI Additional Chief Metropolitan Magistrate Court, Bengaluru, arising out of Crime No.192/2022 registered by Suddaguntepalya Police Station, Bengaluru City, for offence punishable under Sections 498A read with Section 34 of IPC is quashed.
Hand delivery is permitted.
Sd/-
(S VISHWAJITH SHETTY) JUDGE
KVR/List No.: 2 Sl No.: 1
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