Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC:14335 CRL.P No. 4883 of 2025
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 3RD DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 4883 OF 2025 BETWEEN:
1.
ASIF KHAN S/O LATE JABBAR KHAN, AGED ABOUT 38 YEARS,
2. MEHARUNNISA W/O LATE JABBAR KHAN, AGED ABOUT 63 YEARS,
PETITIONERS PRESENTLY AND PERMANENTLY RESIDING AT NEAR G M SCHOOL, HUNASINAKERE LAYOUT HASSAN 573201. …PETITIONERS (BY SRI. VIJAY KUMAR T., ADVOCATE) AND:
1.
THE STATE OF KARNATAKA STATE BY HASSAN WOMEN POLICE STATION, HASSAN, HASSAN DISTRICT 573201 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BENGALURU 560001.
2.
SHABREEN TAJ W/O ASIF KHAN AGED ABOUT 32 YEARS, RESIDING AT NEAR G M SCHOOL, HUNASINAKERE LAYOUT HASSAN 573201. …RESPONDENTS (BY SRI. M V ANOOP KUMAR, HCGP FOR R1;
SRI. MALLIKARJUNA REDDY N A, ADVOCATE FOR R2)
Digitally signed by R HEMALATHA Location: HIGH COURT OF KARNATAKA
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NC: 2025:KHC:14335 CRL.P No. 4883 of 2025
THIS CRL.P IS FILED U/S 482 CR.P.C (U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN SC.NO.181/2023 CR.NO.25/2022 REGISTERED BY THE HASSAN WOMEN P.S., VIDE ANNEXURE-A, PENDING BEFORE THE V ADDITIONAL DISTRICT AND SESSIONS JUDGE, HASSAN, FOR THE OFFENCES P/U/S 498(A),323,504,307,114,506,324 R/W 34 OF IPC, U/S 3 AND 4 OF D.P ACT.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
ORAL ORDER The petitioners (accused Nos. 1 and 2), who are facing trial for offences punishable under Sections 498A, 323, 504, 307, 114, 506, and 324 read with Section 34 of the IPC, have approached this Court seeking relief.
2. According to the prosecution, accused Nos. 1 and 2 the husband and mother-in-law subjected the de facto complainant to both mental and physical cruelty. They allegedly demanded money from her parental home, assaulted her, used vulgar language, and threatened to kill her.
3. The parties are present before this Court. The de facto complainant has filed an affidavit stating that the dispute between herself and the petitioners has been amicably resolved. In light of the settlement, she has agreed to withdraw all allegations made against the petitioners and has no objection to the quashing of the impugned
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NC: 2025:KHC:14335 CRL.P No. 4883 of 2025
proceedings. The affidavit is placed on record.
4. Although the offence under Section 307 of the IPC is punishable with imprisonment for life, the medical evidence indicates that the de facto complainant sustained an injury on her left hand due to an alleged assault by accused No. 1. In the absence of substantial evidence to suggest that the petitioners attempted to commit murder, the charge sheet filed under Section 307 IPC is unwarranted.
5. While the offences alleged are cognizable and non-compoundable, considering that the parties have amicably resolved their dispute, continuing the trial would serve no meaningful purpose. Given the settlement and the remote likelihood of conviction, further proceedings would amount to an abuse of the process of law.
6. Accordingly, the petition is allowed. The impugned proceedings in SC No.181/2023 pendin`g on the file of the learned V Additional District and Sessions Judge, Hassan is hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE
BKM List No.: 1 Sl No.: 156