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2025 DAILYLAW 38485 (KAR)

SMT.FARZANA SAVADATTI W/O MR. MEHABOOBALI SAVADATTI v. STATE BY HUBBALLI-DHARWAD WOMENS POLICE STATION

CRL.P/100704/2025 · 2025-10-03

S Rachaiah

body2025

Judgment text

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- 1 - HC-KAR NC: 2025:KHC-D:13625 CRL.P No. 104058 of 2025 C/W CRL.P No. 100704 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 104058 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100704 OF 2025 IN CRL.P.NO.104058 OF 2025: BETWEEN: MR. MD MOHIODDIN SAVADATTI S/O. MR. MAHABOOB ALI SAVADATTI, AGED ABOUT 38 YEARS, OCC: FUEL WORK, SHAKTI COLONY, J.K. SCHOOL NEAR, HUBBALLI-DHARWAD-580024. …PETITIONER (BY SRI. OMAR SHARIFF, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (THROUGH) CITY WOMEN’S POLICE STATION, HUBBALLI-DHARWAD-580020, REP. BY SPP, HIGH COURT OF KARNATAKA, DHARWAD. 2. FATHIMA AGED ABOUT 29 YEARS, OCC: HOUSE WIFE, W/O. MOHAMMED MOHIDDIN SAVADATTI, R/AT: 1ST CROSS, SHANTI NAGAR, NOW NEAR J.K. SCHOOL, SHAKTI COLONY, HUBBALLI, HUBBALLI-DHARWAD CITY, KARNATAKA-580024. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDIYAVAR, HCGP FOR R1; SMT. SWATHI A.M., ADVOCATE FOR R2) Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-D:13625 CRL.P No. 104058 of 2025 C/W CRL.P No. 100704 of 2025 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE CRIMINAL PROCEEDINGS AS AGAINST THE PETITIONER/ ACCUSED NO.1 IN CR.NO.89/2024 OF HD CITY WOMEN PS NOW IN CC NO.75/2025 PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC HUBLI, HUBLI-DHARWAD CITY, FOR THE OFFENCES P/U/SEC. 115(2), 3(5), 351(2), 352, 85 OF BNS AND SEC. 4 OF DOWRY PROHIBITION ACT, PRODUCED HEREIN AT ANNEXURE-A IN THE INTEREST OF JUSTICE. IN CRL.P.NO.100704 OF 2025: BETWEEN: 1. SMT. FARZANA SAVADATTI W/O. MR. MEHABOOBALI SAVADATTI, AGED ABOUT 64 YEARS, R/AT: H.NO.51, BESIDE PEARL LAYOUT, MANOJ GARDEN, KESHWAPUR, PO. HUBLI, KESHWAPUR, DIST: DHARWAD, KARNATAKA-580023. 2. MR. MEBABOOBALI SAVADATTI S/O. MR DAVUDSAHEB, AGED ABOUT 68 YEARS, R/AT: H.NO. 51, BESIDE PEARL LAYOUT, MANOJ GARDEN, HUBLI, KESHWAPUR, POST. HUBLI KESHWAPUR, DIST: DHARWAD, KARNATAKA-580023. 3. MR. JAVEED HAYAT KHAN S/O. MR SHOWKAT HAYAT KHAN, AGED 39 YEARS, R/AT: 1ST CROSS, NEAR METRO CITY APARTMENT, ANJANAYA BADAVANE, KESHWAPUR, DHARWAD-580007, KARNATAKA. 4. MS. SUMAYYA TASNEEM W/O. SURUSH SAYED, AGED 40 YEARS, R/AT: NO.34, FIRST FLOOR, - 3 - HC-KAR NC: 2025:KHC-D:13625 CRL.P No. 104058 of 2025 C/W CRL.P No. 100704 of 2025 23RD CROSS, HBR 5TH BLOCK, BANGALORE NORTH, KALYANANAGAR BENGALURU, KARNATAKA-560043. ALL ACCUSED NO. 2 TO 4 RESIDING AT PARL LAYOUT, SAHANTI NAGAR, HUBBALLI, HUBBALLI-DHARWAD CITY, KARNATAKA-580005. …PETITIONERS (BY SRI. OMAR SHARIFF, ADVOCATE) AND: 1. STATE BY HUBBALLI-DHARWAD WOMEN’S POLICE STATION, HUBBALLI-DHARWAD. 2. FATHIMA AGED ABOUT 28 YEARS, W/O. MOHAMMED MOHIDDIN SAVADATTI, R/AT: 1ST CROSS, SHANTI NAGAR, HUBBALLI, NEAR J.K.SCHOOL, SHAKTI COLONY, HUBBALLI, HUBBALLI-DHARWAD CITY, KARNATAKA. …RESPONDENTS (BY SRI. PRAVEEN Y.DEVAREDDIYAVAR, HCGP FOR R1; SMT. SWATHI A.M., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE CRIMINAL PROCEEDINGS AS AGAINST THE PETITIONERS/ ACCUSED NO. 2 TO 5 IN CC NO.75/2025 PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC HUBLI, DIST. DHARWAD, FOR THE OFFENCE P/U/SEC. 115(2), 3(5), 351(2), 352, 85 OF THE BNS AND SECTION 4 OF DOWRY PROHIBITION ACT PRODUCED HEREIN AT ANNEXURE-A, B AND C IN THE INTEREST OF JUSTICE. - 4 - HC-KAR NC: 2025:KHC-D:13625 CRL.P No. 104058 of 2025 C/W CRL.P No. 100704 of 2025 THESE CRIMINAL PETITIONS COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) Learned counsel for the parties filed application under Section 89 of CPC R/W Rules 24 and 25 of the Karnataka Civil Procedure (Mediation) Rules, 2005 which is mentioned as follows: “89. Settlement of disputes outside the Court.—(1) Where it appears to the Court that there exist elements of a settlement which may be acceptable to the parties, the Court shall formulate the terms of settlement and give them to the parties for their observations and after receiving the observations of the parties, the Court may reformulate the terms of a possible settlement and refer the same for:— (a) arbitration; (b) conciliation; (c) judicial settlement including settlement through Lok Adalat; or (d) mediation. (2) Were a dispute has been referred— (a) for arbitration or conciliation, the provisions of the Arbitration and Conciliation Act, 1996 (26 of 1996) shall apply as if the proceedings for arbitration or conciliation were referred for settlement under the provisions of that Act; (b) to Lok Adalat, the Court shall refer the same to the Lok Adalat in accordance with the provisions of sub-section (1) of section 20 of the Legal - 5 - HC-KAR NC: 2025:KHC-D:13625 CRL.P No. 104058 of 2025 C/W CRL.P No. 100704 of 2025 Services Authority Act, 1987 (39 of 1987) and all other provisions of that Act shall .apply in respect of the dispute so referred to the Lok Adalat; (c) for judicial settlement, the Court shall refer the same to a suitable institution or person and such institution or person shall be deemed to be a Lok Adalat and all the provisions of the Legal Services Authority Act, 1987 (39 of 1987) shall apply as if the dispute were referred to a Lok Adalat under the provisions of that Act; (d) for mediation, the Court shall effect a compromise between the parties and shall follow such procedure as may be prescribed.] 24.Settlement Agreement - (1) Where an agreement is reached between the parties in regard to all the issues in the suit or some of the issues, the same shall be reduced to writing and signed by the parties or their power of attorney holder. If any counsel have represented the parties, they shall attest the signature of their respective clients. (2) The agreement of the parties so signed and attested shall be submitted to the mediator who shall, with a covering letter signed by him, forward the same to the court in which the suit is pending. (3) Where no agreement is arrived at between the parties, before the time limit stated in rule 18 or where, the mediator is of the view that no settlement is possible he shall report the same to the said court in writing. (4) Mediator shall fix the date on which the parties to the litigation should appear before the court - 6 - HC-KAR NC: 2025:KHC-D:13625 CRL.P No. 104058 of 2025 C/W CRL.P No. 100704 of 2025 for taking further instructions from the court and within that period he shall report the result of his efforts in settling the dispute to the Court including submitting the agreement entered into between the parties under sub-rule (1) of Rule 24, if any. 25. Court to fix a date for recording settlement and passing decree- (1) On the parties appearing before the Court on the date fixed by the mediator, if the parties so appear, or such other day, not being beyond a further period of fourteen days, the Court shall record settlement, if it is lawful. (2) The court shall then pass a decree in accordance with the settlement so recorded, if the settlement disposes of all the issues in the suit. (3) If the settlement disposes of only certain issues arising in the suit, the court shall record the settlement in respect of those issues settled on the date fixed for recording the settlement, and (i) if the issues severable from other issues and if a decree could be passed to the extent of the settlement covered by those issues, the Court may pass a decree straight away in accordance the settlement on those issues without waiting for a decision of the Court on the other issues which are not settled. - 7 - HC-KAR NC: 2025:KHC-D:13625 CRL.P No. 104058 of 2025 C/W CRL.P No. 100704 of 2025 (ii) if the issues are not severable, the court shall wait for s decision of the court on the other issues which are not settled. ” 2. In view of the settlement arrived at between the parties, there is no embargo on this Court to refer to the compromise. Hence, I proceed to pass the following ORDER. i) The petitions are allowed in terms of the settlement. ii) The petitioners/defactos are acquitted for the offence punishable under Sections 115 (2), 3(5), 351(2), 352, 85 of the Bharatiya Nyaya Sanhita (BNS) and 4 of Dowry Prohibition Act. iii) The bail bonds executed against them stands cancelled. iv) In view of the disposal of the main petition, pending I.As, if any, are disposed of. Sd/- (S.RACHAIAH) JUDGE SSP Ct:vh List No.: 1 Sl No.: 28