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2025 DAILYLAW 48286 (KAR)

AMEENA W/O BASIR AHAMAD MUCHALE v. THE STATE OF KARNATAKA

CRL.P/100668/2024 · 2025-03-18

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:4995 CRL.P No. 100668 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 18TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.100668 OF 2024 BETWEEN: 1. AMEENA W/O. BASIR AHAMAD MUCHALE, AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: MEHBOOB NAGAR, 2ND CROSS, YELLAPUR ONI, TQ: HUBBALLI, DIST: DHARWAD, PIN: 580 020. 2. BASIR AHAMAD S/O. GOUSE MODIN MUCHALE, AGE: 55 YEARS, OCC: COOLIE, R/O: BEEDI EMPLOYEE COLONY, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN: 580 020. 3. PARVEEN BANU W/O. DADAPEER BAGALKOT, AGE: 33 YEARS, OCC: HOUSEHOLD, R/O: S.M. KRISHNA NAGAR, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN: 580 020. 4. HEENA KOUSAR W/O. IRASHAN AHAMAD JAKATI, AGE: 29 YEARS, OCC: HOUSEHOLD, R/O: BEERBAND ONI, OLD HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN: 580 020. …PETITIONERS (BY SRI SADIK KANVI & SRI AMREEN H. SUTAGATTI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, BY HD CITY WOMEN PS. TQ: HUBBALLI, DIST: DHARWAD, REPRESENTED BY THE SPP, HIGH COURT OF KARNATAKA, Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4995 CRL.P No. 100668 of 2024 DHARWAD BENCH, DHARWAD – 580 001. 2. SANA W/O. MOHAMAD ROHID MUCHALE, AGE: 25 YEARS, OCC: HOUSEHOOLD, R/O: MEHBOOB NAGAR, MEHBOOB NAGAR, HUBBALLI, NOW AT: VEERAPUR ONI, HUBBALLI, TQ: HUBBALLI, DIST: DHARWAD, PIN – 580 020. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1; SRI S.S.NIRANJAN, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CRIMINAL PROCEDURE CODE, 1973, SEEKING TO QUASH THE IMPUGNED COMPLAINT, FIR REGISTERED IN HD CITY WOMEN P.S. CRIME NO.71/2023 AND CHARGE SHEET SUBMITTED AND ALL CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.2 TO 5 PENDING ON THE FILE THE 3RD ADDL. CIVIL JUDGE AND JMFC HUBBALLI IN CC NO.14086/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 498A, 504, 506 READ WITH 34 OF INDIAN PENAL CODE, 1860 IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.2 to 5 under Section 482 of Cr.P.C seeking quashing of complaint, FIR in Crime No.71/2023 of Hubbali-Dharwad City Women Police Station, charge sheet and proceedings in C.C. No.14086/2023 pending on the file of the III Additional Civil Judge and JMFC, Hubballi registered for offences - 3 - NC: 2025:KHC-D:4995 CRL.P No. 100668 of 2024 punishable under Section 323, 498A, 504, 506 read with Section of Indian Penal Code (hereinafter referred to as ”IPC” for brevity). 2. Respondent No.2 has filed a complaint against petitioners and her husband and on that basis a case came to be registered in Crime No.71/2023 of Hubbali-Dharwad City Women Police Station. The Police after investigation have filed charge sheet against petitioners -accused Nos.2 to 5 and one Mohamad Ruheed -accused No.1 for offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC. On the basis of the said charge sheet, a case came to be registered against petitioners and accused No.1 in C.C. No.14086/2023 and it is pending on the file of the III Additional Civil Judge and JMFC, Hubbali. The proceedings of the said case are sought to be quashed in this petition. 3. Joint memo is filed and it has been signed by petitioners No.1 to 4 –accused Nos.2 to 5 and respondent No.2. The said joint memo is enclosed with verifying - 4 - NC: 2025:KHC-D:4995 CRL.P No. 100668 of 2024 affidavit of respondent No.2 and it also enclosed with copy of Aadhar Cards of petitioners and respondent No.2. The respondent No.2 is present before the Court and submits that she is residing in her husband’s house i.e. accused No.1 – Mohamad Ruheed and she has no objections for quashing proceedings against petitioners. In view of the settlement of the matter between respondent No.2 and petitioners and as respondent No.2 has no objections for quashing proceedings, the present petition deserves to be allowed. 4. In the result, the following ORDER i) The petition is allowed. ii) The proceedings against petitioners –accused Nos.2 to 5 in C.C.No.14086/2023 pending on the file of the III Additional Civil Judge and JMFC, Hubballi are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP, List No.: 1 Sl No.: 21