- 1 - NC: 2025:KHC-D:6146 CRL.P No. 101914 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 7TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO.101914 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MUNEERABI W/O. ABDULKHADAR SHAIKH, AGE: 66 YEARS, OCC. HOUSEWIFE, R/O. #123, LAMANI CHAL, OLD DANDELI, DIST. UTTAR KANNADA-403702. 2. MEENAZ W/O. FEROZ SANGOLLI, AGE: 41 YEARS, OCC. HOUSEWIFE, R/O. #123, LAMANI CHAL, OLD DANDELI, DIST. UTTARA KANNADA-403702. NOW AT: ROOM NO.1, ASARA BUILDING, SOMWAR PET, MUSAJI GALLI, MAHAMBRE HOUSE, VASAI GOAN, VASAI WEST, BASSEIN THANE, MAHARASHTRA-401201. …PETITIONERS (BY SRI. SHIVA SHIRUR, ADVOCATE; CRIMINAL PETITION IS DISMISSED AGAINST PETITIONER NO.1) Digitally signed by MALLIKARJUN RUDRAYYA KALMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:6146 CRL.P No. 101914 of 2023 AND: 1. THE STATE OF KARNATAKA REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH P.S.I., BELAGAVI CITY WOMEN POLICE STATION. 2. RESHMA W/O. MATEEN SHAIKH, AGE: 33 YEARS, OCC. HOUSEWIFE, R/O. #123, LAMANI CHAL, OLD DANDELI, NOW AT: #454, MUSLIM GALLI, ANGOL, BELAGAVI CITY-590001. …RESPONDENTS (BY SMT. GIRIA S. HIREMATH, HCGP FOR R1; SRI SANJAY S. KALAGERI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT IN BELAGAVI WOMEN P.S. CRIME NO. 52/2022 AND ALL FURTHER PROCEEDINGS IN CC NO. 561/2023 PENDING ON THE FILE OF THE J.M.F.C. II COURT, BELAGAVI, IN SO FAR AS ACCUSED NO. 2 AND 3 FOR THE OFFENCES P/U/SEC. 498A, 323, 504, 506, 34 OF IPC 1860 IN SO FAR AS PETITIONER IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:6146 CRL.P No. 101914 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA) Heard the arguments of learned counsel Sri.Shiva Shirur, for petitioner and learned High Court Government Pleader Smt.Girija S. Hiremath for respondent No.1 and Sri.Sanjay S. Katageri for respondent No.2-defacto complainant. 2. Sri.Shiva Shirur files a memo. Placing the memo on record, petition against accused No.2-first petitioner-Muneerabi (mother-in-law of the complainant) is dismissed. 3. Petitioner No.2-Meenaz W/o Feroz Sangolli being the house wife and sister in law of complainant said to have been residing in Maharastra State for last twenty years. In respect of the complaint that has been lodged with Women Police Station, Belagavi, second petitioner- Meenaz is arraigned as accused No.3 in the charge sheet. - 4 - NC: 2025:KHC-D:6146 CRL.P No. 101914 of 2023 The offences are under Sections 323, 504, 506 r/w 34 and Section 498A of IPC. 4. Noted the principles of law enunciated by the Hon’ble Apex Court in the case of Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others1. Since, the second petitioner Smt.Meenaz is residing separately at Maharastra State for more than twenty years did not share the common roof at any given point of time. 5. As such, the charge sheet against the accused No.3 Smt.Meenaz needs to be quashed. 6. Accordingly, the following order: ORDER (i) Petition is allowed in part. (ii) Placing the memo on record, petition against first petition is dismissed. 1 2022(6) SCC 599 - 5 - NC: 2025:KHC-D:6146 CRL.P No. 101914 of 2023 (iii) Pending charge sheet in CC No.561/2023 on the file of JMFC II Court at Belagavi, insofar as third accused-petitioner No.2-Meenaz stands quashed. Sd/- (V.SRISHANANDA) JUDGE HMB CT:PA List No.: 1 Sl No.: 25