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2025 DAILYLAW 84929 (KAR)

NAZMEEN SAYED v. KHALIL IMAM SAYYED

CRL.P/103652/2025 · 2025-09-11

S Vishwajith Shetty

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

- 1 - HC-KAR NC: 2025:KHC-D:11837 CRL.P No. 103652 of 2025 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 11TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103652 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: NAZMEEN SAYED, 39 YEARS, PLOT NO.C-18, KUVEMPU NAGAR, AZAD CO-OPERATIVE SOCIETY, HINDALAGA, BELAGAVI-591 108, PRESENTLY RESIDING AT: SKY TOWER, APARTMENT 115, TRADE CENTER 2, SHAIKH ZAYED ROAD, DUBAI, UAE-454 487. … PETITIONER (BY SRI. HARSH DESAI, ADVOCATE) AND: 1. KHALIL IMAM SAYYED, 51 YEARS, HOUSE NO.540, SHAKEEL MANZIL, INDIRA NAGAR, ALNAVAR TALUK, DHARWAD DISTRICT-581 103, PRESENTLY RESIDING AT: BOX NO.65503 DUBAI, UAE. 2. SAMSUDDIN IMAM SAYYED, 62 YEARS, HOUSE NO.540, SHAKEEL MANZIL, INDIRA NAGAR, ALNAVAR TALUK, DHARWAD DISTRICT-581 103. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:11837 CRL.P No. 103652 of 2025 3. SURAYYA ABDULKHADAR SAYYED, 42 YEARS, HOUSE NO.540, SHAKEEL MANZIL, INDIRA NAGAR, ALNAVAR TALUK, DHARWAD DISTRICT-581 103. 4. NILOPARHUMAJA SHAIKH, 55 YEARS, HOUSE NO.540 SHAKEEL MANZIL, INDIRA NAGAR, ALNAVAR TALUK, DHARWAD DISTRICT-581 103. 5. BY STATE OF KARNATAKA, WOMEN POLICE STATION, KHADE BAZAAR, BELAGAVI-590 001, REPRESENTED BY THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA AT DHARWAD, DHARWAD-580 011. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS, 2023), PRAYING TO QUASH THE ORDER DATED 08-04-2025 PASSED BY THE COURT OF JMFC II AT BELAGAVI IN CC NO.353 OF 2017 (ARISING OUT OF FIR NO.16 OF 2015) AND CONSEQUENTLY ALLOW THE SAID APPLICATION UNDER SECTION 340 R/W. SECTION 195 OF CR. P.C./SECTION 379 R/W. SECTION 215 OF BNSS, IN THE INTEREST OF JUSTICE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:11837 CRL.P No. 103652 of 2025 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Learned counsel for the petitioner after arguing the matter for sometime submits that this petition may be dismissed as not pressed with liberty to the petitioner to prefer an appeal as provided under Section 341 of Cr.P.C. before the Jurisdictional Court. He submits that having regard to the facts and circumstance of the case, the Appellate Court may be directed to dispose of the appeal expeditiously. Submission is placed on record. Petition is dismissed as not pressed. If petitioner files necessary application as provided under Section 341 of Cr.P.C., the Appellate Court after granting opportunity of hearing to both sides, shall dispose of the appeal on merits as expeditiously as possible without being influenced by the orders passed by this Court in Writ Petition No.101986 of 2021. Sd/- (S.VISHWAJITH SHETTY) JUDGE RSH CT:BCK LIST NO.: 1 SL NO.: 52