Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:41804 WP No. 19533 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE MOHAMMAD NAWAZ WRIT PETITION NO. 19533 OF 2024 (GM-RES)
BETWEEN:
MRS. SAINAZ @ SHAHINAZ W/O MR. SHEIK AHAMED REHIMAN VAHAB, AGED ABOUT 40 YEARS, R/AT NO.1-3C-5B, SHANTHIBHAG, NITHYANANDA NAGAR, KUTTAR, PERMANNUR, SOMESHWARA VILLAGE, MANGALORE-575 081. …PETITIONER
(BY SRI. VIKAS M., ADVOCATE)
AND:
1.
STATE OF KARNATAKA REPRESENTED BY ULLAL POLICE STATION, MANGALORE-575 020.
2.
MR. SHEIK AHAMED REHIMAN VAHAB S/O ABDULLA, AGED ABOUT 48 YEARS, R/AT NO.302, 3RD FLOOR, BEELIVE APARTMENTS, OPPOSITE UNITY HOSPITAL, HIGH LANDS, MANGALORE-575 002. …RESPONDENTS
(BY SRI. SACHIN B.S., ADVOCATE FOR R2)
Digitally signed by LAKSHMI T Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:41804 WP No. 19533 of 2024
THIS W.P. IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA READ WITH SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE PRAYING TO QUASH ENTIRE PROCEEDINGS IN C.C.NO.3611 OF 2016 ON FILE OF THE JMFC III COURT, MANGALURU FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 494, 120, 506 AND 342 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS PER ANNEXURE-A.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE MOHAMMAD NAWAZ
ORAL ORDER The defacto complainant is before this Court praying to quash the entire proceedings initiated by her in C.C.No.3611/2016, pending before JMFC III Court, Mangaluru. 2. FIR in Crime No.50/2016 is registered at Ullal Police Station, on a complaint lodged by the petitioner against her husband and her in-laws for the offence punishable under Section 494, 506, 120B, 498A, 342 of IPC and Section 3 and 4 of Dowry Prohibition Act, 1860. The Police on completion of investigation, filed chargesheet against accused No.1 i.e., respondent No.2
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HC-KAR NC: 2025:KHC:41804 WP No. 19533 of 2024
herein dropping the names of all other accused, for the offence punishable under Section 498A of IPC. The rest of the offences alleged in the FIR were dropped while filing the chargesheet. 3. An application is filed under Section 320 r/w 482 of Cr.P.C., signed by the petitioner and the learned counsel appearing for both the parties. It is stated that due to the intervention of well-wishers and family members, the parties have settled the matter and the petitioner/defacto complainant is not wishing to continue the case against respondent No.2. The application is accompanied with the affidavit of the petitioner. It is stated that the matter has been compromised in terms of the settlement memo and the parties have no further claim as against each other etc. 4. The petitioner/defacto complaint who is present before the Court submits that, in view of the settlement, she is not interested in pursuing the matter any further
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HC-KAR NC: 2025:KHC:41804 WP No. 19533 of 2024
and she has no objection to quash the proceedings pending against the petitioner. 5. The Hon’ble Apex Court in Gian Singh V. State of Punjab and another reported in (2012) 10 SCC 303, has held that the inherent powers of High Court is of wide plenitude with no statutory limitation but it has to be exercised to achieve either of twin objects viz., (i) to prevent abuse of the process of any Court, (ii) to do real, complete and substantial justice. 6. It is well-settled that the criminal cases having overwhelming and predominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes can be quashed when the parties have resolved their entire dispute among themselves. 7.
The case on hand arises out of a matrimonial dispute. The dispute is purely private in nature. The parties to the lis have settled all the disputes among
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HC-KAR NC: 2025:KHC:41804 WP No. 19533 of 2024
themselves. Petitioner is the defacto complainant. She has filed a memo along with the affidavit seeking to quash the proceedings. 8. In light of the above, no purpose will be served in keeping the proceedings pending before the trial Court. Accordingly, the following:
ORDER Petition is allowed. The entire proceeding pending in C.C.No.3611/2016 on the file of the Court of JMFC III Court, Mangaluru, is quashed. Pending IAs are disposed of.
Sd/- (MOHAMMAD NAWAZ) JUDGE
HB/List No.: 1 Sl No.: 58