SRI. ABDULNADEEM ALIAS ABDULNADHIM S/O ABDUL JABBARSAB TURKI v. STATE BY KARNATAKA
CRL.P/103298/2024 · 2025-09-03
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 59811 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 59811 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-D:11315 CRL.P No. 103298 of 2024
IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 3RD DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103298 OF 2024 (482(CR.PC)/528(BNSS))
BETWEEN:
1.
SRI. ABDULNADEEM @ ABDULNADHIM S/O ABDUL JABBARSAB TURKI, S/O. JABBARSAB TURKI @ ABDUL JABBAR SAB TURKI, AGE ABOUT 36 YEARS,
2.
SMT. SARTAJBANU @ SARDAJ JABBARSAB W/O. JABBARSAB @ ABDUL JABBAR SAB TURKI, AGE ABOUT 51 YEARS,
3.
MS. AMREEN TURKI @ AMRIN MADSAR MULLA D/O. ABDUL JABBAR SAB TURKI, AGE ABOUT 32 YEARS,
4.
SRI. ABDUL WASHIM @ VASHIM JABBARSAB TURKI S/O. ABDUL JABBAR SAB TURKI, AGE ABOUT 35 YEARS,
PETITIONER NO.1 TO 4 ARE RESIDING AT: VIJAYPUR KIRTHI NAGAR, VIJAYAPUR-586 101.
PRESENTLY PETITIONER NO.1 TO 4 ARE RESIDING AT: WARD NO.22, KIRTI NAGAR, OPP. TO MURTUZA QADARI DARGA,
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
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HC-KAR NC: 2025:KHC-D:11315 CRL.P No. 103298 of 2024
VIJAYAPURA (BIJAPUR)-586 109.
5.
SMT. AFREEN ASIF HUSSAIN TANKSALI @ AFRIN AASHIF TANKSALI W/O. ASIF HUSSAIN TANKSALI, AGE ABOUT 34 YEARS, R/AT: #328/A, TANKSALI GALLI, BEHIND PANKHA MASJID, WARD NO.2, BAGALKOT-587 101.
… PETITIONERS (BY SRI. NAVEED AHMED, ADVOCATE)
AND:
1.
STATE BY KARNATAKA, BY ILKAL POLICE STATION, R/BY ADDL. SPP, HIGH COURT, DHARWAD BENCH, DHARWAD-580 001.
2.
SMT. SALMASULTHAN ABDULNADHIM TURKI, AGED ABOUT 26 YEARS, W/O. ABDULNADEEM TURKI, R/AT: VIJAPUR, TQ. ILKAL, BAGALKOTE-587 125.
… RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1;
SRI. SHIVAKUMAR S. BADAWADAGI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE CHARGE SHEET AND ENTIRE PROCEEDINGS IN CC NO.628/2021 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC HUNGUNDA, BAGALKOT DISTRICT WHICH IS ARISING OUT OF CRIME NO.59/2020 REGISTERED BY THE ILKAL POLICE STATION, ILKAL FOR THE OFFENCE THE PUNISHABLE UNDER SECTIONS 498A, 504, 143, 147, 149, 342, 506(2) OF IPC 1860 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT 1961 AS AGAINST THE PETITIONERS VIDE ANNEXURE-A AND CONSEQUENTLY QUASH THE FIR AND COMPLAINT IN CRIME NO.59/2020 DATED 30.06.2020 REGISTERED BY THE 1ST RESPONDENT, VIDE ANNEXURE-B AND C, RESPECTIVELY.
THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER:
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HC-KAR NC: 2025:KHC-D:11315 CRL.P No. 103298 of 2024
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. The petitioners are before this Court with a prayer to quash the entire proceedings in C.C. No.628 of 2021 pending before the Court of Senior Civil Judge and JMFC, Hungund, Bagalkot District arising out of Crime No.59 of 2020 registered by Ilkal Police Station, Hungund Circle, Bagalkot District for the offences punishable under Sections 498A, 504, 143, 147, 149, 342, 506(2) of the IPC, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
2. Heard the learned counsel for the parties.
3.
Learned counsel for the petitioners and the
learned counsel for respondent No.2 jointly submit that the dispute between the parties has been amicably settled and the parties who are all close relatives intend to give quietus to the inter-se dispute between them. They submit that the marriage between petitioner No.1 and respondent No.2 is already dissolved and they are now remarried. They submit
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HC-KAR NC: 2025:KHC-D:11315 CRL.P No. 103298 of 2024
that the charge sheet has been filed in the present case for compoundable offences and the parties have filed an application under Section 320 of the Cr.P.C. seeking permission of this Court to compound the alleged offences. 4. The parties who are present before the Court are identified by their respective advocates. 5. The application filed under Section 320 of the Cr.P.C. is supported by the joint affidavit of petitioner No.1 and respondent No.2. In paragraph Nos.4 to 8 of the application filed under Section 320 of the Cr.P.C., which is supported by the joint affidavit of petitioner No.1 and respondent No.2, it is stated as follows:
“4. That during the pendency of the proceedings due to intervention of the elders and family members of both the side the 2nd respondent and petitioner No.1 have decided to end their marriage and put an end to all the disputes pending before the trial courts. 5. It is submitted that all the differences and disputes between the petitioners and respondent No.2 are resolved. The parties have under taken that they
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HC-KAR NC: 2025:KHC-D:11315 CRL.P No. 103298 of 2024
will not put any claim against each other in future in respect of the above said marriage. 6. The Respondent No.2 got divorced by means Mohammadan Practice and Shariat Law on 20-09- 2022 and also got remarried so also the petitioner No.1 remarried. The 2nd respondent and petitioners have decided put to an end to all the disputes pending between them before the Courts. Now the terms of the settlement read as follows; a. That the petitioner No.1 has already released the 2nd respondent from the marriage by accepting the khula given by the 2nd respondent. b. That the petitioners will not claim any damages out of the said marriage. c. That petitioners have paid Rs.1,25,000/- towards full and final settlement amount to the 2nd respondent. d. The parties have dissolved their marriage dated 12-10-2014.
e. That on account of the above stated marriage no party will raise or claim any right hereafter in future and under takes that they will not file cases against each other or their family members or relatives in future. f. That there is no exchange of articles. - 6 -
HC-KAR NC: 2025:KHC-D:11315 CRL.P No. 103298 of 2024
g. The 2nd respondent has no grievances remains as against the other petitioner and no objection to quash the proceedings against all of the petitioners herein. h. There is no claim of Mehar or maintenance of any kind including maintenance for iddat as they got separated long back. i. The parties have entered into this memorandum of settlement out their free will and conscience without any force undue influence or coercion from anyone. 7. That, in compliance of the terms of settlement the parties have already withdrawn the allegation made against each other and not willing to prosecute or pursue the matter against each other. The petitioners are presenting this Joint Memo along with application seeking leave of this Hon'ble Court to withdraw the complaint in order to put an end to disputes between them. 8. The parties have entered into this memorandum of settlement out their free will and conscience without any force undue influence or coercion from anyone. Hence in view of the settlement arrived between the parties the petitioner and respondent No.2 are before this Hon'ble court. The offenses alleged are non bailable in nature.”
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HC-KAR NC: 2025:KHC-D:11315 CRL.P No. 103298 of 2024
6. Under the circumstances, I am of the opinion that the prayer made in this petition needs to be granted in view of the amicable settlement of the dispute between the parties. Accordingly, the following
ORDER (i) The Criminal Petition is allowed. (ii) The entire proceedings in C.C. No.628 of 2021 pending before the Court of Senior Civil Judge and JMFC, Hungund, Bagalkot District arising out of Crime No.59 of 2020 registered by Ilkal Police Station, Hungund Circle, Bagalkot District for the offences punishable under Sections 498A, 504, 143, 147, 149, 342, 506(2) of the IPC, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, 1961 stands quashed as against the petitioners herein.
Sd/- (S.VISHWAJITH SHETTY) JUDGE
VNP / CT: BCK LIST NO.: 1 SL NO.: 64