- 1 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200591 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ABDUL RAFIQ S/O ABDUL RASHEED, AGE:35 YEARS, OCC: PRIVATE SERVICE, R/O. NO. 17-2-339, MAILOOR ROAD, NEAR GURUNANAK DEV ENGINEERING COLLEGE, GANDHI NAGAR COLONY, BIDAR-585403. 2. SHAHANAZ BEGUM W/O ABDUL RASHEED, AGE:53 YEARS, OCC: H. H. WORK, R/O. 3-174, NEW 17-2-339, GANDHI NAGAR, COLONY, MILOOR BIDAR, DIST BIDAR-585403. 3. ABDUL SHAFIQ S/O ABDUL RASHEED, AGE:27 YEARS, OCC: PRIVATE WORK, R/O. NO .17-2-339, MAILOOR ROAD, GANDHI NAGAR, COLONY, BIDAR-585403. 4. BUSHRA SHAMA @ SHAMA FARHEEN W/O AFSAR, AGE:35 YEARS, OCC: HOUSEHOLD, R/O. H NO. 6-1-132, PATHAN GALI, MANIYAR TALEM, BIDAR-585401. 5. SHAMA FARHEEN C/O AFSAR, AGE:33 YEARS, OCC: HOUSEHOLD, Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 R/O. H NO. 6-1-132, PATHAN GALI, MANIYAR TALEM, BIDAR-585401. (AS PER AADHAR CARD) (BUT WRONGLY SHWON AS SHAMEENA) 6. SHAMIM BEGUM W/O SYED ABDUL RAHMAN, AGE:47 YEARS, OCC: HOUSEHOLD, R/O. 17-3-278, GANDHI NAGAR COLONY, MAILOOR, BIDAR, DIST.BIDAR 585403, (AS PER AADHAR CARD) (BUT WRONGLY SHOWN AS SHAMEEM). 7. NEHAPARVEEN D/O SAYED ABDUL RAHMAN, AGE:27 YEARS, OCC: HOUSEHOLD, R/O.17-3-278, GANDHI NAGAR, COLONY, MAILOOR, BIDAR, DIST. BIDAR-585403), (AS PER AADHAR CARD), (BUT WRONGLY SHOWN AS NEHA). …PETITIONERS (BY SRI SANJAY A. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH, BIDAR WOMEN POLICE STATION, DIST. BIDAR-585401, R/ BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103. 2. SAFOOR BEGUM W/O ABDUL RAFIQ, AGE:34 YEARS, OCC: DOCTOR, R/O. 17-2-339, GANDHI NAGAR COLONY, MAILOOR, BIDAR, DIST. BIDAR-585401 …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. RAJESH DODDAMANI, ADVOCATE FOR R2) - 3 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO, A) QUASH THE REGISTRATION OF FIR IN CRIME NO.08/2024 REGISTERED BY THE BIDAR WOMEN POLICE STATION DIST. BIDAR DATED 01-02-2024 FOR THE OFFENCES PUNISHABLE U/SECS, 498-A, 323, 504, 506, R/W 149 OF IPC AND ALL FURTHER PROCEEDINGS THEREAFTER, INSOFAR AS PETITIONERS ARE CONCERNED (PENDING ON THE FILE OF I ADDL. JMFC COURT, BIDAR, DIST, BIDAR). B) PASS ANY OTHER SUITABLE ORDER OR DIRECTION AS DEEM FIT BY THIS HON’BLE COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE. THIS PETITIONCOMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sanjay A. Patil, learned counsel for the petitioners, Sri Jamadar Sahabuddin, learned High Court Government Pleader for respondent No.1 and Sri Rajesh Doddamani, learned counsel for respondent No.2. 2. Petition under Section 482 of Cr.P.C. with the following prayer: “a) Quash the registration of fir in Crime No.08/2024 registered by the Bidar Women Police - 4 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 Station Dist. Bidar dated 01-02-2024 for the offences punishable u/Secs. 498A, 323, 504, 506 read with Section 149 of IPC and all further proceedings thereafter, insofar as petitioners are concerned (pending on the file of I Addl. JMFC Court, Bidar, Dist. Bidar). b) Pass any other suitable order or direction as deem fit by this Hon’ble Court under the facts and circumstances of the case.” 3. Brief facts of the case, which are utmost necessary for disposal of the present petition are as under: 3.1 Respondent No.2 – Safoor Begum lodged a complaint with Bidar Women Police Station on 01.02.2024, which was registered in Crime No.8/2024 for the offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of IPC. 3.2 Gist of the complaint averments would reveal that petitioner No.1/accused No.1 married respondent No.2 as per the Muslim rights and customs on 27.07.2020 - 5 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 at Eaden Function Hall, Mailoor, Bidar district. The couple lived happily for some time and a girl child born to them. 3.3 Petitioner No.1/accused No.1 being an Engineer, was earlier working in Egypt and thereafter, he had come back to India. 3.4 After the birth of girl child, there were frequent quarrels and petitioner Nos.4 to 7/accused Nos.4 to 7, who were residing in the vicinity of the house of the complainant, used to instigate petitioner No.1 to insult respondent No.2 by abusing her in filthy language. 3.5 Such incidents were reported to the parental house of respondent No.2 and at that juncture, brothers of respondent No.2 visited the matrimonial house of respondent No.2 and requested them to lookafter her properly. 3.6 When the matter stood thus, on 15.02.2022 at about 9.30 p.m., petitioner Nos.2 and 3 and other - 6 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 petitioners joined together and told respondent No.2 to snap the matrimonial tie on the ground that she is not good looking woman and if she does not agree for the said proposal, they will kill her. 3.7 Some how the respondent No.2 tolerated all those insults. Again on 07.07.2023 at about 5.00 p.m., when respondent No.2 was in her parental house, petitioner No.3/accused No.3 visited her parental house along with petitioner No.1/accused No.1 and abused respondent No.2 in filthy language and assaulted her with hands. 3.8 Based on the said complaint, police registered the case, investigated the matter and yet to file the charge sheet. In the mean time, petitioners have approached this Court with the aforesaid prayer. 4. Learned counsel for the petitioners contended that the complaint is a cleverly drafted in retaliation to the divorce petition filed by petitioner No.1 and therefore, - 7 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 there is no iota of truth in any one of the allegations levelled against the petitioners and sought for allowing the petition. 5. Per contra, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 support filing of the complaint against the petitioners. 6. Pertinently, the divorce petition filed by petitioner No.1 is earlier to filing of the present complaint. Likewise, it is noted that except general and omnibus allegations levelled against petitioner Nos.4 to 7/accused Nos.4 to 7, who are admittedly not residing with petitioner Nos.1 to 3/accused Nos.1 to 3 and respondent No.2 at any point of time and did not share the common roof, continuation of criminal proceedings against against petitioner Nos.4 to 7/accused Nos.4 to 7 would only result in abuse of process of the Court. As such the pending complaint needs to be quashed against them. - 8 - HC-KAR NC: 2025:KHC-K:3714 CRL.P No. 200591 of 2024 7. View of this Court in this regard is supported by the principles of law enunciated by the Kahkashan Kausar @ Sonam vs. The State Of Bihar reported in (2022) 6 SCC 599. 8. Accordingly, following order is passed: ORDER a) Criminal petition is allowed in part. b) Petition against petitioner Nos.1 to 3/accused Nos.1 to 3 is dismissed. c) Pending criminal proceedings in Crime No.8/2024 of Bidar Women Police Station is hereby quashed in respect of petitioner Nos.4 to 7, who are accused Nos.4 to 7. d) Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE SRT List No.: 1 Sl No.: 33 CT:PK