Research › Search › Judgment

High Court of Karnataka · body

2025 DAILYLAW 77366 (KAR)

SAYED SUHEEL v. STATE OF KARNATAKA

CRL.P/12838/2025 · 2025-09-08

Sachin Shankar Magadum

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC:35376 CRL.P No. 12838 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 8TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 12838 OF 2025 BETWEEN: 1. SAYED SUHEEL S/O SYED RAZACK, AGED ABOUT 35 YEARS, R/AT NO.52 ART RESIDENCY, SULTAN JI GUNTA ROAD, NEAR MADINA MASJID, SHIVAJINAGAR, BENGALURU, KARNATAKA -560051. (SYED SUHAIL AS PER THE AADHAR CARD) 2. MEERA BEGUM W/O OF SYED RAZACK, AGED ABOUT 55 YEARS, R/AT NO.52 ART RESIDENCY, SULTAN JI GUNTA ROAD, NEAR MADINA MASJID, SHIVAJINAGAR, BENGALURU, KARNATAKA -560051. (FAMEEDA BEGUM AS PER THE AADHAR CARD) 3. SAYED RAZAK C/O SYED BASHU, AGED ABOUT 62 YEARS, R/AT NO.8, COOKS ROAD, SHIVAJINAGAR, H.K.P. ROAD, BENGALURU, KARNATAKA-560051. (SYED RAZAQ AS PER THE AADHAR CARD) 4. RUKSHAR BEGUM W/O ZUHAIB SHARIFF, AGED ABOUT 30 YEARS, Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:35376 CRL.P No. 12838 of 2025 R/AT NO.6, NO. E 11TH STREET, H.K.P ROAD CROSS, SHIVAJINAGAR, BANGALORE, KARNATAKA- 560051. (RUKSAR BEGUM AS PER THE AADHAR CARD) 5. JUHEEB S/O ANSAR SHARIFF, AGED ABOUT 41 YEARS, R/AT NO.6, NO. E 11TH STREET, H.K.P ROAD CROSS, SHIVAJINAGAR, NEAR CSI HOSPITAL, BANGALORE, KARNATAKA- 560051. (ZUHAIB SHARIFF AS PER THE AADHAR CARD) (ADRESS OF THE PETITIONERS AS PER AADHAR CARD) …PETITIONERS (BY SRI. MOHAMMAD ZAID AMEEN, ADVOCATE) AND: 1. STATE OF KARNATAKA SHO SHIVAMOGGA WOMEN P.S, REP. BY SPP, HIGH COURT BUILDING, BANGALORE-560001. 2. ASHMA BANU W/O SYED SUHEEL, AGED ABOUT 29 YEARS, R/AT HANUMANTHA NAGARA, SHIVAMOGGA, KARNATAKA -577203. …RESPONDENTS (BY SRI. NAVEED AHMED, ADVOCATE FOR R2; SRI. RAHUL RAI, HCGP FOR R1) THIS CRL.P IS FILED U/S 482 OF CR.P.C. (FILED U/S 528 BNSS) PRAYING TO QUASH THE ANNEXURE-C THE ENTIRE CHARGE SHEET IN CC.NO.323/2025 DATED 31.07.2024 FOR - 3 - HC-KAR NC: 2025:KHC:35376 CRL.P No. 12838 of 2025 THE OFFENCE P/U/S. 498-A, 323, 504, 506, 34 OF IPC REGISTERED AT SHIVAMOGGA WOMEN P.S., PENDING ON THE FILE JMFC 2ND COURT SHIMOGA DISTRICT, BALRAJ URS ROAD, SHIMOGA AGAINST THE PETITIONER. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER This petition is filed by accused No.1/husband and in-laws of respondent No.2/daughter-in-law seeking quashing of the proceedings pending in CC.No.323/2025 for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of IPC. 2. Respondent No.2/wife is present before this Court and has acknowledged the contents of the joint affidavit placed on record. The learned counsel appearing for Respondent No.2 has duly identified her. On being specifically queried by the Court, she submits that for the past one year she has been residing with her husband – Petitioner No.1 and that she has returned to the matrimonial home pursuant to the compromise - 4 - HC-KAR NC: 2025:KHC:35376 CRL.P No. 12838 of 2025 recorded in the restitution of conjugal rights proceedings pending before the Shivamogga Court. 3. In view of the submissions made by Respondent No.2 and having regard to the fact that the parties have resumed cohabitation and are living together as husband and wife for the past one year, this Court finds that the continuance of criminal proceedings would serve no useful purpose. Although the application filed under Section 320(2) of the Code of Criminal Procedure is not maintainable in so far as it relates to the offence punishable under Section 498A of the IPC, this Court, being satisfied that the wife has voluntarily rejoined her husband and that the parties are presently leading a peaceful marital life, is of the opinion that, in order to prevent abuse of the process of law and to secure the ends of justice, indulgence under Section 482 of Cr.P.C. deserves to be granted. 4. Accordingly, this Court proceeds to pass the following: ORDER (i) The Criminal Petition is allowed. - 5 - HC-KAR NC: 2025:KHC:35376 CRL.P No. 12838 of 2025 (ii) The proceedings in C.C. No.323/2025, pending on the file of the JMFC, 2nd Court, Shivamogga, for the offences alleged against the petitioners, are hereby quashed. Sd/- (SACHIN SHANKAR MAGADUM) JUDGE ALB List No.: 4 Sl No.: 5