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2025 DAILYLAW 34642 (KAR)

SHAHEENA SHARIFF v. THE STATE OF KARNATAKA

WP/31534/2024 · 2025-02-21

S R Krishna Kumar

body2025

Judgment text

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- 1 - NC: 2025:KHC:7973 WP No. 31534 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR WRIT PETITION NO.31534 OF 2024 (GM-RES) BETWEEN: 1. SHAHEENA SHARIFF, AGED ABOUT 60 YEARS, NO.355, 2ND CROSS, OPP. BESCOM OFFICE, CHETIKERE, KALYANANAGAR, BENGALURU CITY – 560 043. 2. SHAIK ASIF SHARIFF S/O SHAIK ASIF SHARIFF AGED ABOUT 33 YEARS, OCC: JOB, R/AT 355, 2ND CROSS, BABUSAB PALYA, BANGALORE – 560 058. …PETITIONERS (BY SMT. THABITTA R., ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KADUGONDANAHALLI PS, REP. BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA 2. NADIRA FARHEEN, AGED ABOUT 32 YEARS, NO.355, 2ND CROSS, Digitally signed by CHANDANA B M Location: High Court of Karnataka - 2 - NC: 2025:KHC:7973 WP No. 31534 of 2024 OPP. BESCOM OFFICE, CHETIKERE, KALYANANAGAR, BENGALURU CITY – 560 043. …RESPONDENTS (BY SRI. THEJESH, HCGP FOR R1) THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 528 OF THE BNSS 2023 PRAYING TO QUASH THE FIR DATED 29.09.2024 REGISTERED BY K.G.HALLI POLICE STATION IN CR.NO.0415/2024 UNDER SECTIONS 85, 352, 115(2) AND 3(5) OF THE BNS 2023 IN THE INTEREST OF JUSTICE AT ANNEXURE -A. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER The petitioners – accused Nos.1 and 2 in Crime No.415/2024 seek quashing of the impugned proceedings for alleged offences punishable under Sections 85, 352, 115(2), 3(5) of BNS, 2023 filed by the 2nd respondent – complainant. 2. Heard learned counsel for the petitioners and learned HCGP for the 1st respondent and 2nd respondent / party-in-person and perused the material on record. 3. A perusal of the material on record will indicate that the 2nd respondent – complainant is the wife of petitioner No.2, whose - 3 - NC: 2025:KHC:7973 WP No. 31534 of 2024 mother is the petitioner No.1, both of them being arraigned as accused persons in Crime No.415/2024 registered by the 1st respondent – Police, pursuant to the complaint dated 29.09.2024 lodged by the respondent No.2. In addition thereto, proceedings in Crl.Misc.No.946/2024 having been initiated by the 2nd respondent – wife against the petitioner No.2 – Husband, the parties amicable settled the dispute among themselves vide order dated 24.01.2025 passed by the learned Magistrate and the same is reported to this Court by both the petitioners and 2nd respondent, who are physically present and jointly submit that they have amicable settled the dispute and that the impugned proceedings initiated against them may be quashed. 4. In view of the aforesaid facts and circumstances and the amicable settlement arrived at between the petitioners and 2nd respondent in Crl.Misc.946/2024, the impugned proceedings in Crime No.415/2024 on the file of the 10th ACMM, Mayo Hall, Bangalore qua the petitioners are hereby quashed and the petition stands allowed accordingly. Sd/- (S.R.KRISHNA KUMAR) JUDGE SJK/SRL