Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 51203 (KAR)

ASHRAF UNNESA v. STATE OF KARNATAKA

CRL.P/1478/2025 · 2025-09-16

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:36822 CRL.P No. 1478 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 1478 OF 2025 BETWEEN: 1. ASHRAF UNNESA W/O LATE MANSOOR AHEMMED, AGED ABOUT 63 YEARS, R/O 2ND CROSS, SHANAKARAPURA, CHIKKAMAGALURU-577101 2. SUMAYYA TABASUM W/O KHALID PASHA, AGED ABOUT 33 YEARS, R/O 2ND CROSS, SHANKARAPURA, CHIKKAMGALURU -577101 3. MOHAMMED ASIM S/O LATE MANSOOR AHEMMED, AGED ABOUT 34 YEARS, R/O 2ND CROSS, CHIKKAMAGALURU-577101 &PETITIONERS (BY SRI. GIRISH B BALADARE., ADVOCATE) AND: Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:36822 CRL.P No. 1478 of 2025 1. STATE OF KARNATAKA BY CHIKKAMAGALURU WOMEN POLICE STATION, CHIKKAMAGALURU DISTRICT-577101 REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BANGALORE-560001. 2. ARSHIYA W/O MOHAMMED KHALID, AGED ABOUT 23 YEARS, R/O SARVODAYA SCHOOL ROAD, TIPPUNAGARA, CHIKKAMAGALURU-577101 &RESPONDENTS (BY SRI. RAHUL RAI.L, HCGP FOR R1, SRI. A.MADHUSUDHAN, ADV. FOR R2) CRL.P IS FILED U/S 482 CR.PC TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.732/2024 PENDING BEFORE II ADDL. SENIOR CIVIL JUDGE COURT AT CHIKKAMAGALURU FILED BY CHIKKAMAGALURU WOMEN POLICE STATION, CHIKKAMAGALURU IN CRIME NO.0139/2023 FOR THE OFFENCE P/U/S 498(a), 323, R/W 34 OF IPC AS PER ANNEXURE-A AND THE SAME. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC:36822 CRL.P No. 1478 of 2025 CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by the petitioners-in laws of respondent No.2-complainant. 2. Today, a memorandum of settlement has been filed under Section 320 read with Section 482 of the Code of Criminal Procedure. Respondent No.2, the complainant, is present before this Court and has affirmed the terms of the settlement. 3. On being specifically queried, respondent No.2 has candidly stated that she has resolved all her disputes with the petitioner3husband. She has further submitted that both parties have mutually agreed to part ways and have initiated proceedings for dissolution of their marriage in O.S.No.18/2025, which is pending before the competent Family Court. - 4 - HC-KAR NC: 2025:KHC:36822 CRL.P No. 1478 of 2025 4. The petitioner3husband, who is also present before the Court, has acknowledged the settlement recorded in the matrimonial proceedings and has undertaken to give his consent on the next date of hearing so as to ensure that the marriage is dissolved by mutual consent. 5. In the light of the amicable settlement arrived at between the parties, and having regard to the fact that respondent No.2 has consented to quash the proceedings in C.C.No.732/2024, this Court is of the view that the continuation of the prosecution would serve no fruitful purpose. Though the offence under Section 498-A IPC is statutorily non-compoundable, the Supreme Court has consistently recognised that, in exercise of inherent jurisdiction under Section 482 Cr.P.C., criminal proceedings emanating from matrimonial discord may be quashed where the parties have voluntarily resolved their disputes and decided to separate. To meet the ends of - 5 - HC-KAR NC: 2025:KHC:36822 CRL.P No. 1478 of 2025 justice and to prevent abuse of the process of law, this Court finds it appropriate to terminate the proceedings. 6. Accordingly, the petition is allowed. The proceedings in C.C.No.732/2024, pending on the file of the II Additional Senior Civil Judge, Chikkamagaluru, for the offences punishable under Sections 498-A and 323 read with Section 34 of the IPC, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE SSB