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2025 DAILYLAW 5234 (KAR)

JIYAVULLA HAKKA ATTAR ALIAS JIYAULLHAQ ATTAR S/O RASULSAB v. THE STATE OF KARNATAKA

CRL.P/101627/2025 · 2025-04-25

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:6916 CRL.P No. 101627 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.101627 OF 2025 BETWEEN: 1. JIYAVULLA HAKKA ATTAR @ JIYAULLHAQ ATTAR S/O. RASULSAB, AGED ABOUT 36 YEARS, OCC: PRIVATE WORK, R/O: RAJEEV GANDHI NAGAR, LAKAMANAHALLI, SOMESHWAR GUDI ROAD, VTC: DHARWAD, PO: VIDYAGIRI, DHARWAD – 580 004. 2. AKBARSAB SHARIFSAB SUNKAD S/O. SHARIFSAB @ SHARIPHASAB, AGED ABOUT 37 YEARS, OCC: COOLIE, R/O: RAJEEV GANDHI NAGAR, LAKAMANAHALLI, VTC: DHARWAD, DHARWAD – 580 004. 3. TOUSIF ABDULLA TIGADOLLI @ TOUSIF A TIGDLLI S/O. ABDUL SATAR, AGED ABOUT 38 YEARS, OCC: COOLIE, RAJIV GANDHI NAGAR, DHARWAD, KARNATAKA – 580 004. 4. RFFIQ HULIGUR @ MAHAMADARAFIQ HULAGUR S/O. MAHMADAISUF, AGEDABOUT 38 YEARS, OCC: COOLIE, RAJIV GANDHI NAGAR, VTC: DHARWAD, KARNATAKA – 580 004. …PETITIONERS (BY SRI. SAIYAD D. MULLA, ADVOCATE) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6916 CRL.P No. 101627 of 2025 AND: 1. THE STATE OF KARNATAKA, (THROUGH I. O DHARWAD VIDYAGIRI POLICE STATION) R/BY H.C.G.P HIGH COURT BENCH, DHARWAD, HIGH COURT BUILDING, BENCH, DHARWAD. 2. SHILPA RAVICHANDRA MYAGERI W/O. RAVICHANDRA, AGED ABOUT 33 YEARS, OCC: HOUSE WIFE R/O: RAJEEV GANDHI NAGAR, NEAR SOMESHWAR GUDI, DHARWAD – 580 004. 3. RAVICHANDRA MYAGERI S/O. BASAPPA MYAGERI, AGED ABOUT 39 YEARS, OCC: PRIVATE WORK, R/O: RAJEEV GANDHI NAGAR, NEAR SOMESHWAR GUDI, DHARWAD – 580 004. 4. SHARNAPPA MYAGERI S/O. BASAPPA MYAGERI, AGED ABOUT 42 YEARS, OCC: PRIVATE WORK, R/O: RAJEEV GANDHI NAGAR, NEAR SOMESHWAR GUDI, DHARWAD – 580 004. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. CHETHAN NAIK, SRI M.A.PATHAN & SRI A.M.SHALIBAN, ADVOCATES FOR R2 to R4) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (528 OF BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.5590/2021 FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 325, 504 READ WITH 34 OF IPC, PENDING ON THE FILE OF THE LEARNED III ADDL. SENIOR CIVL JUDGE AND C.J.M. COURT DHARWAD AGAINST THE PETITIONERS/ACCUSED NO.1 TO 4. PASS SUCH ORDERS, AS THIS HON’BLE COURT DEEMS FIT TO GRANT IN THE FACTS CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:6916 CRL.P No. 101627 of 2025 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 under Section 482 of the Code of Criminal Procedure and Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 by accused Nos.1 to 4 praying to quash the entire proceedings in C.C. No.5590/2021 pending on the file of the learned III Additional Senior Civil Judge and CJM, Dharwad, registered for the offences punishable under Sections 323, 324, 325 and 504 read with Section 34 of the Indian Penal Code (hereinafter referred to as the ‘IPC’, for short). 2. On the complaint of respondent No.2, a case came to be registered against the petitioners in Crime No.68/2021 of Vidyagiri Police Station for the offences punishable under Sections 324, 323 and 504 of IPC. The Police after investigation filed charge-sheet against the petitioners for offences under Sections 323, 324, 325 and - 4 - NC: 2025:KHC-D:6916 CRL.P No. 101627 of 2025 504 read with Section 34 of IPC. Based on the said charge-sheet, a case came to be registered against the petitioners in C.C. No.5590/2021 pending on the file of the learned III Additional Senior Civil Judge and CJM, Dharwad. The proceedings of the said case are sought to be quashed by the petitioners in the present petition. 3. Sriyuths Chethan Naik, M.A. Pathan and A.M. Shaliban, advocates file vakalat for respondent Nos.2 to 4. Learned AGA accepts notice for respondent No.1. 4. An application under Section 320 read with Section 482 of Cr.P.C. is filed praying for compounding the offences and it is signed by petitioner Nos.1 to 4 and respondent Nos.2 to 4 and their respective counsel. The application is enclosed with the affidavit of petitioner No.1 and respondent Nos.2 to 4. Respondent Nos.2 to 4 are present before the Court and they submit that they have settled the matter with the petitioners and they have no - 5 - NC: 2025:KHC-D:6916 CRL.P No. 101627 of 2025 objection for compounding the offences and to quash the proceedings against the petitioners. 5. In view of the settlement, the proceedings against the petitioners in C.C. No.5590/2021 pending on the file of the learned III Additional Senior Civil Judge and CJM, Dharwad, are quashed. Accordingly, the petition is disposed of. SD/- (SHIVASHANKAR AMARANNAVAR) JUDGE Kmv CT-ASC