SMT. AYISHA ALIAS BIBI AYEESHA W/O ISMAYIL ALIAS MAHAMED ISMAILSAB NAREGAL v. THE STATE OF KARNATAKA
CRL.P/103007/2024 · 2025-04-25
Shivashankar Amarannavar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7237 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7237 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:6914 CRL.P No. 103007 of 2024
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.103007 OF 2024
BETWEEN:
1. SMT. AYISHA @ BIBI AYEESHA W/O. ISMAYIL @ MAHAMED ISMAILSAB NAREGAL, AGE: 56 YEARS, OCC: HOUSEWIFE, R/O: KILLA, OLD KACHERI STREET, GADAG – 582 103. 2. AJARUDDIN @ MAHAMMADAJARUDDIN S/O. MAHAMMADISMAYIL NAREGAL, AGE: 35 YEARS, OCC: PRIVATE WORK, R/O: RS NO.4000/D, PLOT NO.110, RACHUTESHWAR NAGAR, GANGIMADI ROAD, GADAG – 582 103. 3. SMT. TEHARIN @ TAHAREEM W/O. AJARUDDIN @ MAHAMMADAJARUDDIN NAREGAL, AGE: 28 YEARS, OCC: HOUSEWIFE, R/O: RS NO.4000/D, PLOT NO.110, RACHUTESHWAR NAGAR, GANGIMADI ROAD, GADAG – 582 103. 4. JUBERA @ ZUBER AHMED S/O. MOHAMMED KHALEEL MANIYAR, AGE: 49 YEARS, OCC: CIVIL ENGINEER, R/O: 52/1 MANIYAR BUILDING, 2ND CROSS, TABIB LAND, MANTUR ROAD, HUBBALLI – 580 020. 5. SMT. RAJIYA @ UMMESIF W/O. EJAS @ AIJAZ AHMED MANIYAR, AGE: 37 YEARS, OCC: HOUSEWIFE, R/O: 1 TABIB LAND, HUBBALLI – 580 020. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad
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NC: 2025:KHC-D:6914 CRL.P No. 103007 of 2024
6. UNOS @ MOHAMMED YUNUS S/O. MOHAMMED ALI TADAKOD, AGE: 45 YEARS, OCC: BUSINESS R/O: 2ND CROSS, AZAD NAGAR, MADARAMADDI, DHARWAD – 580 001. …PETITIONERS (BY SRI. A.A.PATHAN & SRI. M.A.PATHAN, ADVOCATES)
AND:
1. THE STATE OF KARNATAKA, (THROUGH I.O.YELLAPUR POLICE STATION), R/BY H.C.G.P HIGH COURT BENCH, DHARWAD, HIGH COURT BUILDING, DHARWAD – 580 008. 2. SMT. SADHIKA W/O. MOHAMMAD GOUS NAREGAL, AGE: 31 YEARS, OCC: HOUSEWIFE, R/O: TAJ NAGAR, GADAG, NOW AT: KALAMMA NAGAR, YELLAPUR, DIST: UTTARA KANNADA – 581 359. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1;
SRI. SAIYAD D. MULLA, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS) SEEKING TO CALL FOR RECORDS IN CC NO.195/2024 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT YELLAPUR AND QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.195/2024 PENDING ON THE FILE OF LEARNED CIVIL JUDGE AND J.M.F.C COURT YELLAPUR FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506 READ WITH SECTION 34 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AGAINST THE ABOVE PETITIONERS/ACCUSED NO.3 TO 8 REGISTERED BY THE YELLAPUR POLICE STATION CRIME NO.183/2023 DATED 19.10.2023.
PASS SUCH ORDER AS DEEMED FIT IN VIEW OF THE FACTS CIRCUMSTANCES OF THE CASE 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
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NC: 2025:KHC-D:6914 CRL.P No. 103007 of 2024
ORAL ORDER
This petition is filed by accused Nos.2 to 7 under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 [hereinafter referred to as ‘BNSS’ for short] praying to quash the proceedings in CC No.195/2024 pending on the file of Civil Judge and JMFC, Yellapur registered for offences punishable under Sections 498(A), 323, 504, 506 r/w. Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act [hereinafter referred to as ‘DP Act’ for short] [arising out of Crime No.183/2023 of Yellapur Police Station]. 2. On the basis of the complaint filed by respondent No.2, a case came to be registered against the petitioners and another in Crime No.183/2023 of Yellapur Police Station for the offences punishable under Sections 498(A), 323, 504, 506 r/w. Section 34 of IPC and Sections 3 and 4 of DP Act. The Police after investigation has filed chargesheet against the petitioners and another for the aforesaid offences. Based on the chargesheet, a case
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NC: 2025:KHC-D:6914 CRL.P No. 103007 of 2024
came to be registered against the petitioners in CC No.195/2024 and it is pending on the file of Civil Judge and JMFC, Yellapur. The proceedings of the said criminal case are sought to be quashed by the petitioners in the present petition. 3. Sri.Saiyed D.Mulla, the learned counsel has filed vakalath for respondent No.2. Learned Additional Government Advocate accepts notice for respondent No.1- State. 4. A joint application is filed under Section 482 r/w. Section 320 of Cr.P.C/ Section 528 r/w. Section 359 of BNSS and it is signed by the petitioners, respondent No.2 and their respective counsels and it is enclosed with an affidavit of petitioner No.2 and respondent No.2. 5. In terms of the joint application, the matter has been settled between the petitioners and the respondent No.2. Respondent No.2 is present before the Court and submits that she has settled the matter with the
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NC: 2025:KHC-D:6914 CRL.P No. 103007 of 2024
petitioners and she has no objections for quashing the proceedings of the criminal case against the petitioners. 6.
In view of the said settlement between the parties, the proceedings in CC No.195/2024 pending on the file of Civil Judge and JMFC, Yellapur, registered for offences punishable under Sections 498(A), 323, 504, 506 r/w. Section 34 of IPC and Sections 3 and 4 of DP Act [arising out of Crime No.183/2023 of Yellapur Police Station] are quashed. Accordingly, the petition is
disposed of.
Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE
PJ CT-ASC List No.: 1 Sl No.: 35