- 1 - HC-KAR CNR: KAHC010545772019 NC: 2026:KHC:52727 WP No. 52421 of 2019 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 23RD DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA WRIT PETITION NO. 52421 OF 2019 (GM-RES) BETWEEN: MOHAMAD ALEEM S/O ABDUL GHANI AGED ABOUT 48 YEARS R/AT BIG HOUSE, KILPADY, MULKI MANGALORE TALUK, D.K. …PETITIONER (BY SRI. PRASAD HEGDE K.B, ADVOCATE) AND: 1. STATE OF KARNATAKA REPRESENTED BY PS OF MANGALORE WOMEN POLICE STATION MANGALORE, D.K. DISTRICT. 2. MRS. SABEEHA, W/O MOHAMAD AJEEM AGED ABOUT 38 YEARS R/AT FLAT NO.105, SAS APARTMENT BEHIND KANKANADY MARKET KANKANADY, MANGALORE. …RESPONDENTS (BY SMT. WAHEEDA M.M, HCGP FOR R1; MISS. PRASANNA K., ADVOCATE FOR SRI.CHANDRANATH ARIGA FOR R2) THIS WP IS FILED UNDER ARTICLES 226 AND 227 OF THE CONSTITUTION OF INDIA R/W SEC. 482 OF THE CR.PC PRAYING TO-QUASH THE COMPLAINT DATED 15.9.2016 FILED BEFORE THE RESPONDENT WOMEN POLICE STATION AND CHARGE SHEET FILED IN C.C.NO.793/2017 ON THE FILE OF Digitally signed by ANNAPURNA G Location: High Court of Karnataka - 2 - HC-KAR CNR: KAHC010545772019 NC: 2026:KHC:52727 WP No. 52421 of 2019 JMFC III COURT MANGALORE FOR OFFENCES PUNISHABLE U/S 498(A), 323, 506 R/W SECTION 34 OF IPC VIDE ANNEXURE-A AND C AND ETC., THIS PETITION, COMING ON FOR PRELIMINARY HEARING IN 'B' GROUP, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER 1. Heard Sri.Prasad Hegde, learned counsel for the petitioner, Smt.Waheeda M. M., learned High Court Government Pleader for respondent No.1 and Miss.Prasanna K., learned counsel appearing for Sri.K.Chandranath Ariga, learned counsel for the respondent No.2. 2. Petition is filed by accused No.2 in CC No.793/2017 on the file of JMFC III, Mangalore with the following prayer: “Wherefore, the petitioner respectfully prays that this Hon’ble Court be pleased to: a. Quash the complaint dated 15.09.2016 filed before the respondent women police station and charge sheet filed in CC No.793/2017 on the file of JMFC III Court Mangalore for the office punishable under Sections 498(A), 323, 506 read with Section 34 of Indian Penal Code vide Annexure A and C. - 3 - HC-KAR CNR: KAHC010545772019 NC: 2026:KHC:52727 WP No. 52421 of 2019 b. Pass such other order or orders as this Hon’ble Court deems fit in the facts and circumstances of the case in the interest of justice and equity.” 3. Having heard the arguments of both the parties, on perusal of the material on record especially column No.17 of the charge sheet filed by Women Police Station, Mangalore, the allegations against the present petitioner is that he is the brother of main accused and he also visited the house of respondent No.2 for bringing her to the matrimonial home and at that juncture, he physically harassed respondent No.2. 4. To substantiate the said aspect of the matter, except the statement of the witness, there is no other material on record. What was the physical harassment that has been imparted to respondent No.2 is also not forthcoming nor there is any medical certificate to substantiate the same. 5. Under such circumstances, continuation of the criminal case insofar as present petitioner is concerned, in the considered opinion of this Court, would amount to abuse of process of law. - 4 - HC-KAR CNR: KAHC010545772019 NC: 2026:KHC:52727 WP No. 52421 of 2019 6. Accordingly, a case is made out to quash the pending proceedings insofar as present petitioner is concerned who is accused No.2. 7. Accordingly, the following: ORDER i. Petition is allowed. ii. Proceedings in CC No.793/2017 on the file of JMFC III, Mangalore for the office punishable under Section 498(A), 323, 506 read with Section 34 of Indian Penal Code insofar as present petitioner is concerned is hereby quashed. iii. However, quashing of the present petition shall not affect the right of respondent No.2 in prosecuting the matter against remaining accused. Sd/- (V SRISHANANDA) JUDGE KAV List No.: 1 Sl No.: 31