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CDJ 2026 Kar HC 183
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| Case No : Criminal Petition No. 4387 Of 2023 |
| Judges: THE HONOURABLE MR. JUSTICE S. VISHWAJITH SHETTY |
| Parties : Siddiq Ur Rehman & Others Versus The State Of Karnataka, Rep. by SPP, Bengaluru & Another |
| Appearing Advocates : For the Petitioners: Neeraja Karanth, S. Dinesh, Advocates. For the Respondents: R1, Channappa Erappa, HCGP, R2, J. Shahida Khanam, M.D. Maskoor Hashimi, Advocates. |
| Date of Judgment : 19-02-2026 |
| Head Note :- |
Criminal Procedure Code - Section 482 -
Comparative Citation:
2026 KHC 10144,
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| Summary :- |
1. Statutes / Acts / Rules Mentioned:
- Section 482 of the Code of Criminal Procedure, 1973 (Cr.P.C)
- Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023
- Section 498A of the Indian Penal Code (IPC)
- Section 34 of the Indian Penal Code (IPC)
2. Catch Words:
- Quashing of FIR
- Quashing of charge sheet
- Quashing of criminal proceedings
- Mediation
- Settlement
- Domestic dispute
- Cruelty (498A IPC)
3. Summary:
The petitioners filed a criminal petition under Section 528 of BNSS, 2023 read with Section 482 of Cr.P.C seeking quashing of FIR (Cr.No.192/2022) and subsequent charge sheet (C.C.No.35019/2022) registered for offences under Section 498A read with Section 34 of IPC. The dispute between the parties was amicably settled through mediation, resulting in a memorandum of settlement. The settlement included payment of ₹16,00,000 by the petitioner to the respondent (wife), with ₹8,00,000 paid immediately and the remaining ₹8,00,000 to be paid upon vacating the matrimonial home. Both parties agreed to quash the criminal proceedings in light of the settlement.
4. Conclusion:
Petition Allowed |
| Judgment :- |
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(Prayer: 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.)
Oral Order
1. 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 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 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 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.
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.
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