- 1 - NC: 2025:KHC-D:1013 CRL.P No. 103778 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 21ST DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103778 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. MAHAMMAD ASLAM TAHASILDAR AGE. 35 YEARS, OCC. BUSINESS, R/O. NATIONAL TOWN MANTUR ROAD, TQ. HUBBALLI, DIST. DHARWAD. 2. AMEERA B. TAHASILDAR AGE. 55 YEARS, OCC. HOUSEHOLD WORK, R/O. NATIONAL TOWN MANTUR ROAD, TQ. HUBBALLI, DIST. DHARWAD. 3. SHABANA W/O. JAKEER MISRIKOTI AGE. 40 YEARS, OCC. HOUSEWIFE, R/O. NATIONAL TOWN MANTUR ROAD, TQ. HUBBALLI, DIST. DHARWAD. 4. SABHIYA AGE. 40 YEARS, OCC. HOUSEWIFE, R/O NATIONAL TOWN MANTUR ROAD, TQ. HUBBALLI, DIST. DHARWAD. 5. JAKEER MISRIKOTI AGE. 42 YEARS, OCC. BUSINESS, R/O NATIONAL TOWN MANTUR ROAD, TQ. HUBBALLI, DIST. DHARWAD. …PETITIONERS (BY SRI. ANKIT RAMESH DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA CITY WOMEN POLICE STATION HUBBALLI-DHARWAD, BY ITS POLICE SUB INSPECTOR, HUBBALLI NORTH SUB DIVISION, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.22 15:00:20 +0530 - 2 - NC: 2025:KHC-D:1013 CRL.P No. 103778 of 2024 DISTRICT DHARWAD, ALSO REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580001. 2. PARVEEN MOHAMADD ASLAM TAHASHILDAR AGE. 34 YEARS, OCC. HOUSEWIFE, R/O. NATIONAL TOWN MANTUR ROAD, TQ. HUBBALLI, DIST. DHARWAD-580001. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; SMT. GAYATRI S.R., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.4084/2024 PENDING BEFORE THE COURT OF III ADDL.CIVIL JUDGE AND JMFC, HUBBALLI FOR THE OFFENCES PUNISHABLE U/S 498(A), 323, 324, 504, 506, 34 OF IPC AND SECTION 4 F DOWRY PROHIBITION ACT, AND CRIME NO.8/2024 REGISTERED BY H.D. CITY WOMEN POLICE STATION, AGAINST THE PETITIONER NO.1 TO 5. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Smt. Gayatri S.R., learned counsel files power on behalf of respondent No.2. 2. Petitioners-accused are charge sheeted for the offences punishable under Sections 498A, 323, 324, 504, 506, and 34 of IPC. - 3 - NC: 2025:KHC-D:1013 CRL.P No. 103778 of 2024 3. The case of the prosecution is that, accused No.1 is the husband of the defacto-complainant, accused No.2 is the mother-in-law, accused Nos.3 and 4 are the sisters-in-laws, accused No.5 is the brother-in-law, and they have subjected the defacto-complainant to cruelty, both, mentally and physically, and also a demand was made to bring money from the parental home. The cognizance of the aforesaid offence taken by the learned Magistrate is impugned in this petition. 4. The parties are present before this Court and have filed an application for compounding of the offences stating that they have amicably resolved the dispute among themselves. In terms of the compromise, the defacto-complainant has reunited with her husband- accused No.1 and leading a cordial marital life, and further she has agreed to withdraw all the allegations and has no objection for quashing the impugned proceedings. 5. The application is placed on record. 6. Though the offences alleged against the petitioners-accused herein are cognizable and non- compoundable, however, having regard to the fact that the parties have amicably settled the dispute among themselves, it would be futile exercise, if the petitioners- - 4 - NC: 2025:KHC-D:1013 CRL.P No. 103778 of 2024 accused herein are subjected to trial, since the probability of their conviction is remote and bleak, in view of the settlement arrived between them. Therefore, the continuation of the criminal proceedings will be an abuse of process of law. 7. Accordingly, I pass the following: ORDER i) The Criminal Petition is allowed; ii) The impugned proceedings in C.C. No.4084/2024 on the file of the learned III Additional Civil Judge and JMFC Hubballi is hereby quashed. iii) In view of the disposal of the main petition, interlocutory applications, if any, do not survive for consideration and accordingly disposed of. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh