NOOR AHAMMAD S/O LATE HONNUR SAB v. STATE OF KARNATAKA
CRL.P/104743/2025 · 2026-02-10
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 14903 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 14903 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
- 1 -
HC-KAR NC: 2026:KHC-D:2033 CRL.P No. 104743 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 10TH DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION No.104743 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN:
1.
NOOR AHAMMAD S/O LATE HONNUR SAB AGE. 55 YEARS, OCC. BUSINESSMAN, R/O.NO.12/15 KUMBARA ONI, BHARATH COLONY, RM YARD, DAVANGERE, DAVANGERE-577003, KARNATAKA.
2.
SHAHAJAD BEE W/O NOOR AHAMMAD AGE. 47 YEARS, OCC. HOUSEHOLD, R/O.NO.12/15 KUMBARA ONI, BHARATH COLONY, RM YARD, DAVANGERE, DAVANGERE-577003, KARNATAKA.
3.
ALFIYA BHANU W/O MANSOOR ALI AGE. 26 YEARS, OCC. HOUSEHOLD, R/O. 3RD CROSS, BASHA NAGARA, DAVANGERE-577003, KARNATAKA.
4.
AYESHA W/O ABDUL KHADAR JILANI AGE. 38 YEARS, OCC. HOUSEHOLD, R/O. NO.12/15 KUMBARA ONI, BHARATH COLONY, RM YARD, DAVANGERE DAVANGERE-577003, KARNATAKA. …PETITIONERS (BY SRI. M.L. VANTI, ADVOCATE) AND:
1.
STATE OF KARNATAKA, REPRESENTED BY PSI
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.12 16:54:55 +0530
- 2 -
HC-KAR NC: 2026:KHC-D:2033 CRL.P No. 104743 of 2025
HOSPET RURAL POLICE STATION, HOSPET BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT. DHARWAD-580001.
2.
S.C. TASLIMBEGUM W/O ARFATALI AGE. 26 YEARS, OCC. HOUSEWIFE, R/O.KUMABAR HATTI, BHARAT COLONEY, VTC, RM WARD, DAVANGERE, AT PRESENT. H.NO.46, 22 WARD, SAI COLONEY, M.P.PRAKASH NAGAR, HOSPETE, KARNATAKA-583201. …RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. S.A. MALLIGAWAD, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) PRAYING TO QUASH THE PROCEEDINGS AGAINST PETITIONERS/ACCUSED NO.2 TO 5 IN C.C NO.4493/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498 (A), 323, 504, 506, 34 OF I.P.C AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.1961. PENDING ON THE FILE OF THE II ADDL. CIVIL JUDGE AND JMFC, HOSAPETE, IN THE INTEREST OF JUSTICE.
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
- 3 -
HC-KAR NC: 2026:KHC-D:2033 CRL.P No. 104743 of 2025
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Learned counsel for the petitioners has filed the memo which reads as under:
“That, the petitioners No.1 and 2 are not pressing the above petition. Hence, the Hon’ble Court be pleased to dismiss the above petition with respect to petitioner No.1 and 2 (Accused No.2 and 3) as no pressed, reserving liberty to file discharge application before the Trial Court, in the interest of justice.”
2. Placing the memo on record, petition insofrar as petitioner Nos.1 and 2 deserves to be dismissed.
3. Having noted the arguments of both sides, petitioner Nos.3 and 4 did not share common roof and material on record would go to show that they were residing separately at a different place and allegations found against them are omnibus in nature.
4. Accordingly, following the dictum of Kahkashan Kausar @ Sonam and others vs. State of Bihar and others reported in (2022)6 SCC 599, petition insofar as petitioner Nos.3 and 4 needs to be allowed.
5. Hence, the following:
- 4 -
HC-KAR NC: 2026:KHC-D:2033 CRL.P No. 104743 of 2025
ORDER (i) Petition insofar as petitioner Nos.1 and 2/accused Nos.2 and 3 is dismissed placing the memo on record.
(ii) Petition insofar as petitioner Nos.3 and 4 is allowed.
(iii) Consequently, proceedings in C.C No. 4493/ 2023 pending on the file of the II Addl. Civil Judge and JMFC, Hosapete, insofar as petitioner Nos.3 and 4/accused Nos.4 and 5 is hereby quashed.
Sd/- (V.SRISHANANDA) JUDGE
kcm, CT:CMU LIST NO.: 1 SL NO.: 67