HURUNNISA KAWAS W/O JAFARSAB v. THE STATE OF KARNATAKA
CRL.P/100578/2022 · 2025-01-30
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3382 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3382 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:1926 CRL.P No. 100578 of 2022
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100578 OF 2022 (482(Cr.PC)/528(BNSS))
BETWEEN:
1.
HURUNNISA KAWAS W/O. JAFARSAB AGED ABOUT 78 YEARS, OCC. HOUSEHOLD WORK, R/O. NO. 78, BIRBAND STREET, SOUTH SIDE, BAGAR PETH, NORTH SIDE HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580024.
2. ZARINA W/O. SADIQ DALAYAT DALAYATH AGED ABOUT 45 YEARS, OCC. HOUSEWIFE, R/O. MABU SUBANI KATTI, GADAG, DIST. GADAG-582102.
3.
SADIQ AHMAD DALAYATH AGED ABOUT 58 YEARS, OCC. PRIVATE SERVICE, R/O. SULAINMAN SAB, R/O. MABU SUBANI KATTI, GADAG, DIST. GADAG-582102.
4.
SHEHANAZ BEGUM W/O. IBRAHIMSAB GUDARI AGED ABOUT 55 YEARS, OCC. HOUSEHOLD WORK, R/O. JAVALAL GALLI, GADAG, TQ AND DIST. GADAG.
5. PARVEEN W/O. MOHAMMAD RAFIQ DHALAYAT AGED ABOUT 39 YEARS, OCC. HOUSEHOLD WORK, R/O. NEAR 8TH NUMBER SCHOOL, SHIVAPPAN MATH,
B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:20:57 +0530
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NC: 2025:KHC-D:1926 CRL.P No. 100578 of 2022
OKKALAGERI GADAG, TQ AND DIST. GADAG-582101. …PETITIONERS (BY SRI. G.I. GACHCHINAMATH, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA BY ITS WOMEN POLICE STATION, HUBBALLI CITY, HUBBALLI NORTH SUB-DIVISION, REPRESENTED BY STATE PUBLIC PROSECUTOR, DHARWAD.
2.
SMT. HEENA KAUSAR W/O. MUNAVAR KAWAS, AGED ABOUT 33 YEARS, R/O. 2ND CROSS, DODDAMANE COLONY, NEAR GHANTIKERI, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1;
SRI. H.N.HANCHINAMANI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS OF CC NO.3591/2021 ON THE FILE OF THE III ADDITIONAL CIVIL JUDGE AND JMFC, HUBBALLI ARISING OUT OF CR.NO.45/2020 REGISTERED IN WOMAN POLICE STATION, HUBBALLI CITY NORTH SUB-DIVISION, HUBBALLI FOR THE ALLEGED OFFENCES PUNISHABLE U/S 498-A, 323, 504, 506 R/W SECTION 149 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT IN SO FAR AS IT PERTAINS TO PETITIONERS.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
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NC: 2025:KHC-D:1926 CRL.P No. 100578 of 2022
ORAL ORDER
1. The petitioners/accused Nos. 3 to 7 are being prosecuted for offences punishable under Sections 498A, 323, 504, and 506 read with Section 149 of the Indian Penal Code (for short, ‘IPC’) and Sections 3 and 4 of the Dowry Prohibition Act.
2. The prosecution’s case is that accused No. 1 is the husband, accused No. 2 is his paternal uncle, and accused Nos. 3 to 7 are his relatives. It is alleged that they subjected the de facto complainant to mental and physical cruelty and demanded additional dowry.
3. The learned counsel for the petitioners and the learned Additional Government Advocate (AGA) for respondent No. 1-State have jointly submitted that the de facto complainant has agreed to withdraw all allegations against the accused persons and has no objection to the quashing of the impugned proceedings.
4. The submission is placed on record.
5. Although the offences alleged are cognizable and non- compoundable, considering that the parties have amicably settled the dispute, subjecting the petitioners to trial would serve no purpose. Given the settlement, the probability of conviction is remote and bleak. Therefore, the continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. Accordingly, I pass the following:
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NC: 2025:KHC-D:1926 CRL.P No. 100578 of 2022
ORDER i) The criminal petitions are allowed. ii) The impugned proceedings in C.C. No.3591/2021 (arising out of Woman Police Station, Hubballi City North Sub-Division, Hubballi Crime No.45/2020) pending on the file of III Additional Civil Judge and JMFC, Hubballi, are hereby quashed.
Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 2 Sl No.: 28