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2025 DAILYLAW 5092 (KAR)

SRI. SYED ZUBER PASHA S/O SYED DADAMIYA SIPAYI v. THE STATE OF KARNATAKA

CRL.P/101005/2023 · 2025-02-19

Hemant Chandangoudar

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Judgment text

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- 1 - NC: 2025:KHC-D:3378 CRL.P No. 101005 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101005 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. SYED ZUBER PASHA S/O. SYED DADAMIYA SIPAYI, AGE. 34 YEARS, OCC. PRIVATE EMPLOYEE. 2. SRI. SYED DADAMIYA SIPAYI S/O. SYED BURADDIN SIPAYI, AGE. 65 YEARS, OCC. NIL. 3. SRI. SYED NIZAMUDDIN S/O. SYED DADAMIYA SIPAYI, AGE. 38 YEARS, OCC. PRIVATE EMPLOYEE. 4. SMT. SHAMIYA BEGUM D/O. SYED DADAMIYA SIPAYI, AGE. 32 YEARS, OCC. HOUSE HOLD, PETITIONERS NO.1 TO 4 ARE R/O. BEHIND MATA HOTEL, DIWATAR NAGAR, KOPPAL, TQ. AND DIST. KOPPAL-583236. …PETITIONERS (BY SRI. B.C.JNANAYYA SWAMI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. (THROUGH WOMEN PS KOPPAL). B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.21 17:16:24 +0530 - 2 - NC: 2025:KHC-D:3378 CRL.P No. 101005 of 2023 2. SMT. SYED AYISHA BEGUM W/O. SYED ZUBER PASHA, AGE. 29 YEARS, OCC. HOUSEWIFE, R/O. BEHIND MATA HOTEL, DIWATAR NAGAR, KOPPAL, TQ. AND DIST. KOPPAL-583236, NOW RESIDING AT. HOSURU CROSS, KOPPAL. 583236. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SRI. ANWAR BASHA, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO, ALLOW THIS PETITION AND QUASH THE COMPLAINT AND FIR IN CRIME NO.25/2023 REGISTERED BY THE KOPPAL WOMEN POLICE STATION FOR THE OFFENCES PUNISHABLE U/S. 498A, 504, 506, 323 R/W SECTION 34 OF IPC AND SECTION 4 DOWRY PROHIBITION ACT-1961, PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, KOPPAL. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The registration of the FIR for the offences punishable under sections 498(A), 323, 504, 506 read with 34 of the IPC is impugned in this petition. 2. The respondent No.2 lodged the First Information Report stating that she is the legally wedded wife of accused No.1, and accused No.2 is her father-in-law and accused No.3 is her sister-in-law and they subjected her to both mental and physical cruelty and threatened her with dire consequences. 3. The accused No.1 and the 2nd respondent - informant are present before this court, and they have filed an application for - 3 - NC: 2025:KHC-D:3378 CRL.P No. 101005 of 2023 compounding of offences. They stated that they have amicably resolved the dispute among themselves and, as per the settlement, the 2nd respondent-informant has resumed marital life and continues to lead a cordial matrimonial life. Respondent No.2 has agreed to withdraw all the allegations and has no objection to quashing the impugned FIR. The applications have been placed on record. 4. Although the offences alleged are cognizable and non- compoundable, given the fact, the parties have resolved the dispute themselves, it would be a futile exercise to subject the petitioner to investigation, since the probability of the police filing charge sheet is remote and bleak. Under these circumstances, the continuation of the investigation would be an abuse of the process of law. ORDER i. Accordingly petition is allowed. ii. The impugned First Information Report in crime No.25/2023 registered by Koppal women police station is quashed. Pending I.A’s does not survive for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh