- 1 - NC: 2025:KHC-D:2719 CRL.P No. 101088 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101088 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MR. SHAMSHUL HUDA MODIN SAB @ MOHAMMED SHAMSHULHUDA S/O. MOHADINSAB HUDA, AGE. 52 YEARS, OCC. BUSINESS, R/O. SUNCITY HERITAGE, KESHWAPUR, HUBLI-580023. 2. MRS. SALMA SHAMSHUL HUDA @ UMME SALMA C.N W/O. MOHAMMED SHAMSHULHUDA, AGE. 42 YEARS, OCC. SERVICE, R/O. SUNCITY HERITAGE, KESHWAPUR, HUBLI-580023. 3. MR. NAZARULLA KHAN MODIN SAB @ NAZARULLA KHAN S/O. MIYAJAN KHAN PATHAN, AGE. 62 YEARS, OCC. BUSINESS, R/O. #144, AZAD COLONY, TALWAR ONI, KESHWAPUR, HUBLI-580023. 4. MRS. SALMA NAZARULLA KHAN @ SALMA KHAN W/O. NAZRULLA KHAN PATHAN, AGE. 52 YEARS, OCC. HOUSEWIFE, R/O. # 144, AZAD COLONY, TALWAR ONI, KESHWAPAUR, HUBLI-580023. 5. MR. JAMIL AHMED MODIN SAB @ JAMILAHMED S/O. MODINSAB SHAIKH, AGE. 50 YEARS, OCC. BUSINESS, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.14 13:20:03 +0530 - 2 - NC: 2025:KHC-D:2719 CRL.P No. 101088 of 2024 R/O. DARBAR GALLI, BELAGAVI-590001. 6. MRS. JAINAB JAMIL AHMED @ BIBI ZAINAB W/O. JAMILAHMED SHAIKH, AGE. 41 YEARS, OCC. BUSINESS, R/O. DARBAR GALLI, BELAGAVI-590001. 7. MR. IQBAL AHMED MODIN SAB @ MOHAMMED IQBAL HUSSAIN S/O. MODINSAB, AGE. 65 YEARS, OCC. AGRICULTURE, R/O. ARASINAGERE, SHIKARIPURA, SHIVAMOGGA-577214. 8. MRS. SHAHEENA BANU IQBAL AHMED @ SHAHINA BEGAM W/O. MOHAMMAD IKBAL HUSEN, AGE. 48 YEARS, OCC. HOUSE WIFE, R/O. ARASINAGERE, SHIKARIPURA, SHIVAMOGGA-577214. 9. MRS. SHABANA @ SHABANA KHANAM W/O. ABDUL KARIM KALBURGI, AGE. 38 YEARS, OCC. HOUSEWIFE, R/O. KARIMIYA NAGAR, NARAYAN SOFA, HUBLI-580024. 10. MRS. ANISA KOUSAR AHMED @ AMEER BI D/O. MOHAMMED MASOOM SAB W/O. KOUSAR, AGE. 38 YEARS, OCC. HOUSEWIFE, R/O. KRUPA ROAD, MANNUR ROAD, HUBBALLI-580024. …PETITIONERS (BY SRI. K.L.PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH HUBLI - DHARWAD CITY WOMEN PS, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. - 3 - NC: 2025:KHC-D:2719 CRL.P No. 101088 of 2024 2. KHALIDA BEGUM KOUSAR AHMED AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. KRUPA NAGAR, HUBLI, CURRENTLY RESIDING AT KASIMAVINAKOPPAL, SORAB, TQ. SHIVAMOGGA-577429. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. A.M.GUNDAWADE, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN HUBLI- DHARWAD CITY WOMEN P.S. CRIME NO.24/2024 WHICH IS PENDING ON THE FILE OF PRL.CIVIL JUDGE AND JMFC, HUBLI REGISTERED FOR OFFENCES PUNISHABLE U/S 498A, 323, 354, 504, 506 R/W 149 OF IPC, IN SO FAR AS THE PRESENT PETITIONERS/ACCUSED NO.2 TO 11 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The registration of the First Information Report (FIR) for the offences punishable under Sections 498A, 323, 354, 504, 506 read with Section 34 of the Indian Penal Code, 1860 (IPC) is impugned in this petition. 2. Respondent No.2 filed an FIR stating that her marriage with accused No.1 was solemnized on 20.01.2003, and they initially led a happy marital life at Soraba, Shivamogga. However, accused No.1 allegedly subjected her to mental and physical cruelty. In 2015, without her knowledge, accused No.1 contracted a second marriage with accused No.11, with the alleged assistance of his brother-in-law and sister-in-law. On 01.03.2023, when she visited her husband’s house in - 4 - NC: 2025:KHC-D:2719 CRL.P No. 101088 of 2024 Hubballi, the accused allegedly abused, assaulted, and outraged her modesty. The FIR was lodged on 18.03.2024. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1, and the learned counsel for respondent No.2. 4. The petitioners have produced a copy of the order passed in Crl.Misc. No.40/2017, which indicates that respondent No.2 had earlier filed a complaint against accused No.1 under Section 498A of IPC. During those proceedings, accused No.1 and respondent No.2 entered into a settlement, where respondent No.2 agreed to withdraw all allegations. Consequently, in Crl.P.No.1035/2022, the case against accused No.1 was quashed vide order dated 04.04.2022. 5. Despite this settlement, respondent No.2 lodged a fresh FIR on 18.03.2024, alleging that on 01.03.2024, she was abused, assaulted, and her modesty was outraged by the accused. However, except for general and omnibus allegations, there are no specific overt acts attributed to each accused, detailing how and in what manner they allegedly committed the offence. 6. In the absence of specific allegations against the petitioners, continuation of criminal proceedings would amount to an abuse of process of law. 7. The petition is allowed. 8. The FIR in Crime No.24/2024, registered by Hubli-Dharwad Women Police Station, is quashed insofar as accused Nos.2 to 11. 9. Respondent No.1 is permitted to proceed with the investigation against accused No.1 in accordance with law. - 5 - NC: 2025:KHC-D:2719 CRL.P No. 101088 of 2024 10. Pending applications, if any, stand disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR Ct:vh List No.: 2 Sl No.: 5