SRI SYED ABDUL RAHAMAN vs SMT UMME SHAIBA

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HC-KAR
NC: 2026:KHC:57077
CRL.P No. 13432 of 2024
C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024





IN THE HIGH COURT OF KARNATAKA AT BENGALURU

TH
DATED THIS THE 12 DAY OF OCTOBER, 2026


BEFORE

THE HON'BLE MR. JUSTICE RAJESH RAI K

CRIMINAL PETITION NO.13432 OF 2024

C/W

CRIMINAL PETITION NO.8804 OF 2024


IN CRL.P NO. 13432/2024


BETWEEN:

1. SRI SYED ABDUL REHAMAN
AGED ABOUT 30 YEARS
S/O SYED SARDAR





2. SMT GULJAR UNNISA
AGED ABOUT 50 YEARS
W/O SYED SARDAR

3. SRI ASMATH ULLA
@ SYED AJMATH ULLA
AGED ABOUT 33 YEARS
S/O SYED SADAR

4. SMT FARHEEN TAJ
AGED ABOUT 22 YEARS
D/O SYED SARDAAR
ALL ARE RESIDING AT
KEMPEGOWDA MAIN ROAD
SARARSWATHI PURAM,
TUMKUR, KARNATAKA 560002.




Digitally signed
by PANKAJA S
Location: HIGH
COURT OF
KARNATAKA

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NC: 2026:KHC:57077
CRL.P No. 13432 of 2024
C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024



5. SRI RIYAZ
@ RIYAZ AHAMED
AGED ABOUT 67 YEARS
S/O LATE SAB JAN SAB
R/AT 3RD CROSS,
P.G LAYOUT, P.H. COLONY,
TUMKUR CITY 560 002.

6. SRI SYED SRADHAR
S/O LATE SAB JAN SAB
AGED ABOUT 65 YEARS
KEMPEGOWDA MAIN ROAD
SARARSWATHI PURAM,
TUMKUR KARNATAKA 560 002.
…PETITIONERS
(BY SRI. AVINASH P., ADVOCATE)
AND:

1. THE STATE OF KARNATAKA
BY TUMKUR WOMEN P.S STATION
REPRESENTED BY HGCP
HIGH COURT 1 BUILDING - 560 001.

2.
UMME SHAIBA
W/O ABDUL REHAMAN
AGED ABOUT 24 YEARS
R/AT KEMPEGOWDA MAIN ROAD,
SARASWATHIPURAM
TUMKUR - 560 002
…RESPONDENTS
(BY SRI.MAHESHA P., HCGP FOR R-1;
SMT.TASMIYA BANU, ADVOCATE FOR R-2)

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HC-KAR
NC: 2026:KHC:57077
CRL.P No. 13432 of 2024
C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024



THIS CRL.P IS FILED U/S.482 (FILED U/S.528 BNSS) OF
CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.15/2023 U/S.498-A, 323, 504, 506 R/W SEC.34 OF IPC
AND SEC.3, 4 OF DP ACT PENDING BEFORE II ADDL. SENIOR
CIVIL JUDGE AND JMFC TUMAKURU.

IN CRL.P NO. 8804/2024
BETWEEN:
1.
SRI SYED ABDUL RAHAMAN
S/O SYED SARDAR
AGED ABOUT 34 YEARS

2. SRI SYED SARDAR SAB
S/O SYED SABJAN SAB
AGED ABOUT 57 YEARS

3. SMT. GULZAR UNNISA
W/O SYED SARDAR
AGED ABOUT 49 YEARS

4. SRI SYED AZMATHULLA
S/O SYED SARDAR
AGED ABOUT 33 YEARS

5. SMT FARHEENA TAJ
D/O SYED SARDAR
AGED ABOUT 49 YEARS

ALL ARE RESIDING AT DOULATH MAKAN
NEAR GOVT. HOSPITAL
J.C.ROAD, TUMKUR CITY 560 002.

6. MR. RIYAZ AHMED
S/O LATE SAB JAN SAB
AGED ABOUT 67 YEARS,
R/AT NO.3RD CROSS,

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CRL.P No. 13432 of 2024
C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024



P.G.LAYOUT, P.H.COLONY,
TUMKURU CITY - 560 002

ALL ARE RESIDING ALSO AT
KEMPEGOWDA MAIN ROAD,
SARASWATHIPURAM, 2ND CROSS
TUMKURU, KARNATAKA 5702015.
...PETITIONERS
(BY SRI. AVINASH P.,ADVOCATE)
AND:
1. SMT UMME SHAIBA
W/O SYED ABDUL REHAMAN
AGED ABOUT 22 YEARS

2. SYED ABDUL MANNAN
S/O SYED ABDUL REHAMAN

3. MISS FABIYA KONIYAN
D/O SYED ABDUL REHAMAN
THROUGH HIS NATURAL GUARDIAN
AND MOTHER SMT.UMME SHAIBA
ALL ARE R/AT J.C.ROAD
DOULATH MAKAN, TUMAKUR 572 101.
...RESPONDENTS
(BY SRI. IMRAN PASHA, ADVOCATE FOR R-1;
R-2 NOTICE SD BUT UNREPRESENTED;
R-3 MINOR R/BY R-1)

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S
528 BNSS PRAYING TO SET ASIDE THE ORDER IN
CRL.MISC.2/2023 PENDING IN THE COURT OF THE PCJ
AND JMFC, NELAMANGALA VIDE ANNEXURE-A ORDER
DATED 04.01.2023.

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CRL.P No. 13432 of 2024
C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024



THESE PETITIONS, COMING ON FOR FURTHER HEARING,
THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE RAJESH RAI K

ORAL ORDER

The Criminal Petition No.13432/2024 is filed under
Section 482 of Cr.P.C., seeking to quash the proceedings in
C.C.No.15/2023, arising out of Crime No.135/2022 dated
29.10.2022, registered by Tumakuru Women Police Station,
Tumakuru, on the complaint lodged by respondent No.2 against
the petitioners for the offences punishable under Sections
498A, 323, 504 and 506 r/w 34 of IPC and Sections 3 and 4 of
the Dowry Prohibition Act, 1961, pending on the file of the II
Additional Senior Civil Judge and JMFC, Tumakuru.

2. Whereas, Criminal Petition No.8804/2024 is filed under
Section 482 of Cr.P.C., seeking to set aside the order dated
04.01.2023 passed in Crl.Misc.No.2/2023, pending on the file of
the Civil Judge and JMFC, Nelamangala, Bengaluru Rural
District, filed by the respondents under Section 12 of the
Protection of Women from Domestic Violence Act, 2005,

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CRL.P No. 13432 of 2024
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CNR: KAHC010706462024



seeking reliefs under Sections 18, 19, 22 and 23 of the said
Act.

3. Learned counsel for respective parties filed a joint memo
and submitted that parties have amicably settled their dispute
with the intervention of well-wishers and elders of family
members. The said joint memo reads as follows:
The Petitioner and Respondent No.2 most
respectfully submit as follows:

1. The Petitioner and Respondent No.2 are husband and
wife, having solemnized their marriage on 09.11.2018.
Due to certain matrimonial differences and divergent
opinions between the parties, disputes arose, resulting in
the initiation of various proceedings by and against each
other and their respective family members.
2. It is submitted that, in connection with the matrimonial
dispute, Tumakuru Women Police Station registered FIR in
Crime No.135/2022 for the offences punishable under
Sections 498-A, 323, 504, 506 read with Section 34 of the
Indian Penal Code, 1860, and Sections 3 and 4 of the
Dowry Prohibition Act, 1961.
3. Pursuant to the said proceedings, the matter came to
be registered as C.C.No.15/2023 before the learned II
Additional Senior Civil Judge and JMFC, Tumakuru. The
Petitioner. being aggrieved by the continuation of the said
proceedings, has approached this Hon'ble Court seeking
appropriate relief.
4. It is further submitted that proceedings in
Crl.Misc.No.2/2023 were also initiated before the learned
Principal Civil Judge and JMFC, Nelamangala, arising out
of the matrimonial disputes between the parties, and the
same are also the subject matter of the proceedings
before this Hon'ble Court.

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CRL.P No. 13432 of 2024
C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024



5. The parties submit that, during the pendency of the
aforesaid proceedings, they have amicably resolved all
their matrimonial and other disputes and have voluntarily
agreed to put an end to the litigation between them.
6. In furtherance of the settlement arrived at between the
parties, the following proceedings have been
withdrawn/settled:
a. O.S.No.36/2024 before the Family Court;
b. PCR No.381/2024 to Thilak Nagar Police Station;
c. O.S.No.4/2026 before the Family Court.

7. It is further submitted that the parties have obtained a
Divorce (Khula) before Darul Qaza, vide Case
No.184/2026, dated 23.09.2026 followed by the decree of
dissolution of marriage by mutual consent Vide
O.S.No.04/2026 D.D. date 09.10.2026 before I Addl
Principal Judge Family Court and accordingly, the
matrimonial relationship between the parties has come to
an end.

8. The parties further submit that they have entered into
a Memorandum of Understanding dated 14.09.2025,
wherein the terms of settlement were recorded. In
compliance with the terms of the said Memorandum of
Understanding, the Petitioner has paid a total sum of
Rs.10,00,000/- (Rupees Ten Lakhs only) to Respondent
No.2, as agreed between the parties, towards the full and
final settlement and betterment of childrens
9. Out of the aforesaid settlement, a sum of
Rs.5,00,000/- (Rupees Five Lakhs only) was paid through
Demand Draft bearing No.3862, and the remaining sum of
Rs.5,00,000/- (Rupees Five Lakhs only) is paid through
Demand Draft bearing No.045571 D.D vide dated
01.10.2026, towards the full and final settlement and
betterment of children.

10. Respondent No.2 acknowledges receipt of the
aforesaid settlement amount and confirms that the terms
and conditions agreed between the parties have been duly
complied with by the Petitioner.

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C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024



11. In view of the settlement arrived at between the
parties and the compliance of the terms of the
Memorandum of Understanding dated 14.09.2025,
Respondent No.2 has no objection to the allowing of the
present Criminal Petitions and to quashing of the
proceedings pending in C.C.No.15/2023 and
Crl.Misc.No.2/2023, insofar as the parties are concerned.

12. The parties submit that the settlement has been
entered into voluntarily, out of their own free will and
consent, without any force, coercion, undue influence ог
misrepresentation, and that they have no further claims
against each other in respect of the disputes forming the
subject matter of the aforesaid proceedings.

13. It is submitted that the parties to this joint memo are
at liberty to marry any person/s of his/her/their own
choice if they choose to which either of the parties have
no objection whatso ever in terms of Mohammedan Law.

14. It is submitted that the parties to this memo shall not
approach any statutory authorities, departments, office,
tribunals, family court, police department whatsoever in
future for any relief/s against each other for any action in
respect of the said marriage dated 09.11.2018.

15. It is submitted that the parties shall keep each other
harmless and indemnify from any
loss/damage/action/proceedings/claims that they may
incur or sustain in future in respect of the said marriage
dated 09.11.2018.

16. It is submitted that the parties shall not interfere in
each other's personal affairs whatso ever/whosoever, in
future of their lives.

17. It is submitted that the parties to this memo
undertake that they shall not file any sort of Criminal
Case nor Civil Case, such as dowry case, maintenance
case for the respondent No.2 nor her children's nor any
other case pertaining to the above said marriage dated

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CRL.P No. 13432 of 2024
C/W CRL.P No. 8804 of 2024


CNR: KAHC010706462024



09.11.2018 which stood cancelled, it is also undertaken
that the parties should not initiate case against each other
nor the family members at any cost in future and they
undertake that they will not approach matrimonial Court
for the purpose of relief.

18. In view of the above settlement and the consent of
the parties, the parties respectfully pray that this Hon'ble
Court may be pleased to take this Joint Memo on record
and dispose of the above Criminal Petitions by quashing
the pending in C.C.No.15/2023 Crl.Misc.No.2/2023, in the
interest of justice and equity. proceedings and

19. It is submitted that either of the parties shall have no
rights against each other properties and have no rights to
claim or file a case for maintenance.

WHEREFORE, the Petitioner and Respondent No.2
respectfully pray that this Hon'ble Court may be pleased
to accept the present Joint Memo and pass appropriate
orders in terms of the settlement arrived at between the
parties, in the interest of justice and equity.

4. Both parties are present before this Court and submit
that they have amicably settled their dispute.

5. The joint memo is taken on record.

6. Having regard to the joint memo filed and the
submissions made by learned counsel for the parties, the
petitioners/accused Nos.1 to 6 in Crl.P.No.13432/2024 are
permitted to compound the offences alleged against them.
Though the offences are non-compoundable in nature,
considering that the dispute is purely private and matrimonial

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in nature and has been amicably settled between the parties,
this Court deems it appropriate to permit the parties to
compound the offences and placing reliance on the judgment of
the Hon’ble Apex Court in the case of Gian Singh v. State of
Punjab , reported in (2012) 10 SCC 303 , this Court is of the
considered view that the proceedings can be quashed on the
basis of the settlement arrived at between the parties.

7. Consequently, the proceedings against the petitioners-
accused Nos.1 to 6 in C.C.No.15/2023, arising out of Crime
No.135/2022 dated 29.10.2022, registered by Tumakuru
Women Police Station, Tumakuru, for the offences punishable
under Sections 498A, 323, 504 and 506 r/w Section 34 of IPC
and Sections 3 and 4 of the Dowry Prohibition Act, 1961,
pending on the file of the II Additional Senior Civil Judge and
JMFC, Tumakuru, are hereby quashed.

8. Further, the order dated 04.01.2023 passed in
Crl.Misc.No.2/2023, pending on the file of the Civil Judge and
JMFC, Nelamangala, Bengaluru Rural District, under Section 12
of the Protection of Women from Domestic Violence Act, 2005,

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is hereby set aside, and the proceedings initiated thereunder
are quashed.

9. It is further submitted by the learned counsel for
respondent No.2-wife that she has applied for passports for her
children and that, for verification, the passport of petitioner
No.1-husband and other documents, namely, Aadhaar card,
voter ID card, caste and income certificate, and PAN card, are
required.

10. Petitioner No.1-husband has undertaken to furnish the
aforesaid documents as and when requested by respondent
No.2-wife.
The Criminal Petitions are disposed of in view of the
above.

SD/-
(RAJESH RAI K)
JUDGE






GPG
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