SHRI. MOHAMMEDSHAFI S/O. MAHABBOBSAB KORABU v. THE STATE OF KARNATAKA
CRL.P/101755/2021 · 2025-09-11
S Vishwajith Shetty
body2025
DailyLaw.ai
[ 2025 DAILYLAW 85394 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 85394 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2025:KHC-D:11853 CRL.P No. 101755 of 2021
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. 101755 OF 2021 (482(CR.PC)/528(BNSS))
BETWEEN:
1.
SHRI. MOHAMMEDSHAFI S/O. MAHABBOBSAB KORABU, AGE. 34 YEARS, OCC. BUSINESS, R/O. YABARATTI VILLAGE, RAIBAG TALUK, DIST. BELAGAVI, PIN-591 317.
2.
SHRI. MYBUBSAB S/O. SAIDUSAB KORABU, AGE. 70 YEARS, OCC. RTD., R/O. YABARATTI VILLAGE, RAIBAG TALUK, DIST. BELAGAVI, PIN-591 317.
3.
SMT. NAJIBA @ SUMMAYYA ASFAK DILAWAR, AGE. 38 YEARS, OCC. TEACHER, R/O. JAMAKHANDI, NOW AT RAIBAG, DIST. BELAGAVI, PIN-591 317.
4.
NUSARAT W/O. RIYAJAHMED SANADI, AGE. 44 YEARS, OCC. HOUSEHOLD, R/O. MEHEBUB NAGAR, DHARWAD, DIST. DHARWAD.
5.
SMT. JAHEEDA W/O. ALTAFHUSSAIN KALBURGI, AGE. 40 YEARS, OCC. TEACHER, R/O. H.NO.2494, JALALPUR ROAD, RAIBAG, DIST. BELAGAVI-591 317.
RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD
BENCH
- 2 -
HC-KAR NC: 2025:KHC-D:11853 CRL.P No. 101755 of 2021
6.
SMT. MUBEENA W/O. ILIYAS SHAIKH AGE. 35 YEARS, OCC. HOUSE WIFE, R/O. NEAR MADINA MASQUE, SANGALI, MAHARASHTRA STATE-416 406.
AS PER ORDER DATED 04.10.2021 PETITIONERS NO.3 TO 6 ARE DELETED.
… PETITIONERS (BY SRI. ASHOK A. NAIK, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, (BANAHATTI P.S.) HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD.
2.
SMT. HASEENA W/O. MOHAMMEDSHAFI KORABU, AGE. 25 YEARS, OCC. HOUSEHOLD, R/O. PRESENTLY AT: MOPAGAR GALLI, BANAHATTI, DIST. BAGALKOTE-735 202.
… RESPONDENTS
(BY SMT. GIRIJA S. HIREMATH,HCGP FOR R1;
SRI. GIRISH A. YADWAD, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO ALLOW THIS PETITION AND QUASH THE CHARGE SHEET AND PROCEEDINGS IN C.C. NO.475/2021 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 OF IPC AND SECTION 3 AND 4 OF D.P. ACT, 1961 PENDING ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, BANAHATTI, 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:11853 CRL.P No. 101755 of 2021
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
Accused Nos.1 and 2 in CC.No.475/2021 pending before the Court of Senior Civil Judge and JMFC, Banahatti, arising out of Crime No.99/2020 registered by Banahatti Police Station, Banahatti Circle, for the offences punishable under Sections 498A, 323, 504, 506 of IPC and Section 3 and 4 of D.P. Act, 1961 are before this Court under Section 482 of Cr.P. with a prayer to quash the entire proceedings as against them in the aforesaid case.
2. Heard the learned counsel for the parties.
3.
Learned counsel for the petitioners and learned counsel for respondent no.2 jointly submit that dispute between the parties has been amicably settled and the said settlement is reported in OS No.180 of 2020, which was filed by accused no.1 against respondent no.2 for dissolution of their marriage. They submit that in view of the said settlement, the marriage between accused no.1
- 4 -
HC-KAR NC: 2025:KHC-D:11853 CRL.P No. 101755 of 2021
and his wife has been dissolved and in the settlement reported in OS No.180/2020, it is stated that respondent no.2 wife shall withdraw criminal case pending on the file of Senior Civil Judge and JMFC, Banahatti in CC No.475 of
2025.
4. Submission is placed on record.
5. Copy of the joint memo filed in OS No.180 of 2020 on the file of Civil Judge, Banahatti, is produced before this Court along with memo dated 03.09.2025. In paragraph 2 of the joint compromise petition filed in OS No.180 of 2023, it is stated that the respondent No.2 herein who is the defendant shall withdraw the criminal case pending on the file of Senior Civil Judge, Banahatti in CC No.475/2021.
6.
Learned counsel for respondent no.2 on instructions submits that he has no objections to allow the petition in view of the settlement arrived between the parties.
- 5 -
HC-KAR NC: 2025:KHC-D:11853 CRL.P No. 101755 of 2021
7. Accordingly, the following:
ORDER Criminal Petition is allowed. The entire proceedings in CC.No.475/2021 pending before the Court of Senior Civil Judge and JMFC, Banahatti, arising out of Crime No.99/2020 registered by Banahatti Police Station, Banahatti Circle, for the offences punishable under Sections 498A, 323, 504, 506 OF IPC and Section 3 and 4 of D.P. Act, 1961 is hereby quashed against the petitioners.
Sd/- (S.VISHWAJITH SHETTY) JUDGE
VMB CT:BCK LIST NO.: 1 SL NO.: 68