Mahamood Khan vs State Of Karnataka & Ors.

S.R. Krishna Kumar, J

In this petition, petitioner has sought for the following relief:-

“ Wherefore, it respectfully submits before this Hon'ble Court may be pleased to quash the proceedings initiated against the petitioner in C.C.NO.563/2025 (Crime No.26/1994) of 1st respondent Chenapattna East Police for the offence punishable under Section 307 of IPC, pending on the file of Prl. Civil Judge and JMFC, Chenapattan, in the interest of justice and equity."

Learned counsel for the petitioner – accused and learned counsel for second respondent – complainant have filed a Joint Memo/Application under Section 320 of Code of Criminal Procedure, duly signed by the learned counsel for the petitioner, 2nd respondent and her counsel and the same is taken on record.

It is submitted that the petitioner is in judicial custody. Learned counsel appearing for the petitioner/accused, second respondent and her learned counsel are physically present before the Court and they admit the contents of the Joint Memo/application dated 25.06.2025, which reads as under:-

“JOINT ΜΕΜO APPLICATION UNDER SECTON 320 OF CODE OF CRIMINAL PROCEDURE:

The counsel for the petitioner and respondent No.2 respectfully submits before this Hon'ble court as follows:-

It is submitted that, the respondent No.2 in the above case has filed a complaint against the petitioner before the first respondent police in Crime No. 26/1994 for the alleged offence punishable under section 307 of IPC. It is further submitted that, the petitioner is none other than the husband of the respondent No.2. The respondent No.2 who has filed complaint with the 1st respondent police with misconception of the facts with regard to the matrimonial disputes within the family.

Accordingly, submits that, both the parties i.e., petitioner and the respondent No.2 have settled the matrimonial disputes pending between each other long. Accordingly, on 27.10.1996 both the petitioner and the second respondent No.2 have dissolved the marriage by taking the Talak before the Masidi and then they are livening separately with their respective family by withdrawing the allegations made against each other.

It further submits that, in terms of the settlement arrived between the parties, the respondent No.2 has agreed to withdraw the proceedings pending in Crime No. 26/1994 of 1st respondent police and on the file of Prl Civil Judge and JMFC, Chenapattna, against the petitioner. As such the respondent No.2 has no objection to allow the present petition and quash the proceedings in Crime No.: 26/1994 of 1st respondent police on the file of Prl Civil Judge and JMFC, Chenapattna, of 1st respondent police.

It is further submitted that, similarly, both the parties have no future claims against each other.

It further submits that, the petitioner is in judicial custody and on instruction the counsel has affixed the signature and the respondent No.2 has affixed the signature with her free consent without having any misrepresentation, fraud and undue influence.

Wherefore, it is prayed that, this Hon'ble court may be pleased to allow the petition as prayed for and quash the proceedings pending in CC No. 563/2025 in (Crime No. 26/1994 of 1st respondent police, pending on the file of Prl Civil Judge and JMFC, Chenapattna,, against the petitioner, in the interest of justice."

In view of the aforesaid settlement entered into between the petitioner and 2nd respondent, I pass the following:

ORDER

(i) The petition is disposed of in terms of Joint Memo/Application dated 25.06.2025.

(ii) The proceedings in C.C.No.563/2025 (arising out of Crime No.26/1994 of 1st respondent – Police) registered for the offence punishable under Section 307 of IPC, pending on the file of the Principal Civil Judge and JMFC, Channapatna, insofar as the petitioner is concerned, are hereby quashed.

(iii) The 1st respondent-Police and the concerned Jail authorities are directed to release the petitioner, forthwith, without any delay.

(iii) Registry is directed to communicate this order to the 1st respondent as well as to the concerned Jail Authorities, forthwith, without any delay, both electronically and telephonically, to enable immediate implementation of this order.

Hand delivery of this order is permitted.