- 1 - HC-KAR NC: 2025:KHC:35370 CRL.P No. 11119 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 11119 OF 2025 BETWEEN: 1. AFSAR AYUB S/O FAYAZ PASHA AGED ABOUT 34 YEARS R/O. ELAHINAGARA PENSION MOHALLA HASSAN-573201. …PETITIONER (BY SRI. GIRISH KUMAR B.M., ADVOCATE) AND: 1. THE STATE OF KARNATAKA THE POLICE INSPECTOR HASSAN WOMEN POLICE STATION HASSAN DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING BANGALORE - 560 001. 2. RUBIYA D/O. ARSHAD AYUB AGED ABOUT 31 YEARS R/O. NEAR HANUMAN TEMPLE HALUVAGILU ROAD TANNIRUHALLA, HASSAN-573102. …RESPONDENTS (BY SRI. ANOOP KUMAR, HCGP FOR R1; NOTICE TO R2 IS HELD SUFFICIENT V/O/D 09.09.2025) Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35370 CRL.P No. 11119 of 2025 THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE CHARGE SHEET AS PER ANNEXURE-A, FILED AGAINST THE PETITIONER IN CR.NO.39/2019 LATER ON CONVERTED TO SPLIT UP CASE BEARING S.C.NO.254/2023 REGISTERED BY THE HASSAN WOMEN POLICE STATION, HASSAN DISTRICT, FOR THE OFFENCES P/U/S 498A, 323, 307, 504, 506B, 34 OF IPC AND SEC. 3, 4, 6 OF DP ACT, PENDING ON THE FILE OF II ADDL. DISTRICT AND SESSIONS JUDGE, AT HASSAN. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the brother-in-law of respondent No.2 seeking quashing of the proceedings pending in SC No.254/2023 registered by the Hassan Women Police Station, Hassan District for the offence punishable under Sections 498A, 323, 307, 504, 506(B) and 34 of IPC and Sections 3, 4 and 6 of Dowry Prohibition Act. 2. Heard learned counsel for the petitioner and learned HCGP appearing for respondent No.1 - State. - 3 - HC-KAR NC: 2025:KHC:35370 CRL.P No. 11119 of 2025 3. The petitioner, who is the brother-in-law of respondent No.2, has been arrayed as an accused along with his brother and other family members pursuant to a complaint lodged by respondent No.2. The said complaint alleged cruelty and harassment at the hands of her husband, his family members, as well as the present petitioner. On the basis of this complaint, investigation was conducted and a charge sheet was filed. However, as the petitioner was shown as absconding during the relevant period, a split-up charge sheet came to be filed against him. 4. The present petition is filed seeking quashing of the criminal proceedings on two distinct grounds. Firstly, the petitioner has relied upon the judgment rendered in S.C. No.65/2022, wherein his brother, who is the husband of respondent No.2 along with the other family members, have been acquitted by judgment and order of acquittal dated 24.12.2024. Secondly, the petitioner has also placed on record a copy of the settlement entered into in Criminal - 4 - HC-KAR NC: 2025:KHC:35370 CRL.P No. 11119 of 2025 Miscellaneous No.634/2020, wherein the marriage between accused No.1 (husband of respondent No.2) and respondent No.2 came to be dissolved and accused No.1 paid a sum of Rs.3,00,000/- towards full and final alimony. 5. Having regard to the acquittal of the principal accused and other family members and further in view of the fact that such acquittal was preceded by a settlement between accused No.1 and respondent No.2 in matrimonial proceedings, this Court finds that the principles enunciated by this Court in the unreported judgment in Mohan vs. State of Karnataka and another in Crl.P. No.5376/2024 are squarely applicable to the case at hand. 6. If accused No.1 - the husband of respondent No.2 against whom the allegations were most direct and serious has secured an acquittal, the present petitioner, who is only a brother-in-law and against whom the allegations are admittedly remote and general in nature, is also - 5 - HC-KAR NC: 2025:KHC:35370 CRL.P No. 11119 of 2025 entitled, on the principle of parity, to the benefit of the acquittal. The split-up charge sheet now pending against the petitioner, when examined in the light of the earlier judgment, does not disclose any specific material or independent evidence pointing towards the petitioner’s culpability. Continuation of the proceedings against him would, therefore, amount to a futile exercise and would serve no purpose except perpetuating harassment. 7. Accordingly, in order to prevent abuse of the process of law and to secure the ends of justice, this Court is inclined to exercise its inherent jurisdiction under Section 482 of Cr.P.C. and quash the proceedings against the petitioner. ORDER (i) The petition is allowed. (ii) The charge sheet filed by the respondent–Hassan Women Police Station in Crime No.39/2019, which was converted into a - 6 - HC-KAR NC: 2025:KHC:35370 CRL.P No. 11119 of 2025 split-up case bearing S.C.No.254/2023 for the offences punishable under Sections 498A, 323, 307, 504, 506(B) and 34 of the IPC and Sections 3, 4 and 6 of the Dowry Prohibition Act pending on the file of the II Additional District and Sessions Judge, Hassan, is hereby quashed insofar as the present petitioner is concerned. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1 Sl No.: 40