Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 13TH DAY OF JANUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 100070 OF 2021 (482(CR.PC)/528(BNSS))
BETWEEN:
1. SRI. SHABBIR SHAIKH S/O. LATE SAHEBLAL SHAIKH AGE. 57 YEARS, OCC. BUSINESS,
2. SRI. NIHALAHMAD S. SHAIKH WRONGLY SHOWN AS NIHAL S. SHAIKH S/O. LATE SAHEBLAL SHAIKH AGE. 46 YEARS, OCC. BMTC SERVICE,
3. SRI. NISAR SHAIKH S/O. LATE SAHEBLAL SHAIKH AGE. 50 YEARS, OCC. BUSINESS,
NO. 1 TO 3 ARE R/O. KARNUR GALLI, CHIKKODI, DIST. BELAGAVI. 4. SRI. GULAB SANADI AGE. 62 YEARS, OCC. BUSINESS, R/O. AMBEDKAR NAGAR, CHIKKODI, DIST. BELAGAVI. 5. SRI. ZEESHAN SHAIKH WRONGLY SHOWN AS JISAN SHAIKH
Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench
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HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
S/O. NIHALAHMAD SHAIKH AGE. 20 YEARS, OCC. STUDENT, R/O. KARNUR GALLI, CHIKKODI, DIST. BELAGAVI. 6. SMT. NASEEM SANADI WRONGLY SHOWN AS NASEEM SHAIKH W/O. GULAB SANADI AGE. 48 YEARS, OCC. HOUSEHOLD WORK, R/O. AMBEDKAR NAGAR, CHIKKODI, DIST. BELAGAVI. 7. SMT. DILSHAD SHAIKH W/O. SHABBIR SHAIKH AGE. 50 YEARS, OCC. HOUSEHOLD WORK,
8. SMT. FAREEDA SHAIKH WRONGLY SHOWN AS PHARIDA SHAIKH W/O. SRI. NIJALAHMAD SHAIKH AGE. 38 YEARS, OCC. HOUSEHOLD WORK,
9. SMT. NOUSEEN SHAIKH W/O. SRI. NISAR SHAIKH AGE. 46 YEARS, OCC. HOUSEHOLD WORK,
10. MISS. TAZEEN SHAIKH D/O. SRI. NIHALAHMAD SHAIKH AGE. 18 YEARS, OCC. STUDENT, NO. 7 TO 10 ARE R/O. KARNUR GALLI, CHIKKODI, DIST. BELAGAVI. 11. SMT. ALISHA SANADI D/O. SRI. GULAB SANADI
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HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
R/O. AMBEDKAR NAGAR, CHIKKODI, DIST. BELAGAVI. &PETITIONERS
(BY SRI. SUNIL KHOT, ADVOCATE FOR SRI. RAMACHANDRA A. MALI, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA, R/BY CHIKKODI POLICE STATION, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD-580011. 2. SMT. MAHEBUBI @ ANJUM IBRAHIM SHAIKH AGE. 34 YEARS, OCC. HOUSEHOLD WORK, R/O. KARNUR GALLI, CHIKKODI, NEAR GANDHI MARKET, CHIKKODI, DIST. BELAGAVI-590001. &RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1; SRI.
MAHANTESH S. HIREMATH, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE COMPLAINT AND FIR DATED.07/12/2020 REGISTERED IN CHIKKODI PS CRIME NO.187/2020 REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC.143, 147, 148, 306, 326, 504, 506 R/W 149 OF IPC IN SO FAR AS THE SAME RELATE TO THE PETITIONERS HEREIN, AS THE SAME BEING TOTALLY ILLEGAL AND NOT SUSTAINABLE IN LAW IN THE INTEREST OF JUSTICE. - 4 -
HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
THIS CRIMINAL PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:
ORAL ORDER (PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
Heard Sri Sunil Khot for Sri Ramachandra A.Mali, learned counsel for petitioners, Smt.Kirtilata R.Patil, learned High Court Government Pleader for respondent No.1 and Sri Mahantesh S.Hiremath, learned counsel for respondent No.2. 2. Present petition is filed under Section 482 CrPC with the following prayer. <Wherefore the petitioners pray as under :-
i. Quash the complaint and FIR dtd. 7-12-2020 registered in Chikkodi PS Crime No.187/2020 registered for the offences punishable u/sec. 143, 147, 148, 306, 326, 504, 506 R/w. 149 of IPC in so far as the same relate to the petitioners herein, as the same being totally illegal and not sustainable in law in the interest of the justice. ii. Grant such other and further reliefs as are just even including costs of this petition in the interest of justice.=
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HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
3. Respondent No.2 being the wife of Ibrahim Shaikh filed a complaint with Chikodi Police Station, Belagavi District on 07.12.2020 in Crime No.187/2020 alleging the offences punishable u/sec. 143, 147, 148, 306, 326, 504, 506 R/w. 149 of IPC. 4. Complaint averments would reveal that there was a settlement of the family properties and complainant, her husband along with her children were living with the father-in- law.
Father-in-law of the complainant said to have executed a Hiba-Nama or bakshish patra in favour of her husband in that regard, the petitioners herein were threatening the husband of the complainant-second respondent. 5. Complaint averments also reveal that after securing the presence of the husband of the complainant, petitioners herein have assaulted her husband and there was a fracture in his leg before he died. When she wanted to complain to the police, father-in-law of the complainant told her not to go to the police to maintain the dignity of the family and she kept quiet. - 6 -
HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
6. Thereafter, there was harassment again and father- in-law of the complainant advised her that the petitioners may visit and create an ugly scene in the house and therefore told her to go to her parents' place and cautioned her not to subscribe her signature to any of the papers. Accordingly, the complainant went to her parents' place and on 23.07.2020, there is a suspicious/unnatural death of her father-in-law. 7. Two days later, all the petitioners holding kerosene and other deadly weapons came near the house of the parents of the complainant at about 10:00 p.m. and started abusing the complainant in filthy language and gave a life threat to her and therefore, the complainant had to lodge the complaint with the Chikodi Police on 07.12.2020 after taking the advice from the elders. 8. After registering the case, police are investigating the matter. In the meantime, petitioners have approached this court that from the complaint averments itself, there is no material ingredients which would attract any of the offences much less offences under Section 306 or 326 IPC and sought for quashing the pending FIR. - 7 -
HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
9.
Per contra, learned counsel for respondent No.2- complainant and learned High Court Government Pleader would submit that the matter needs to be investigated and if there is no truth in the incident, the investigation agency would file appropriate report under Section 173 Cr.P.C. and sought for dismissal of the petition. 10. Having heard the arguments of both sides, this Court perused the material on record meticulously. 11. On such perusal of the material on record, it is to be noted that FIR and complaint are not the encyclopaedia to reveal all the necessary things. 12. Prima facie there are materials on record, materials in the complaint averments which would be enough to register the case as aforesaid. It is for the investigation agency to find out whether at all any truth in the allegations levelled against the petitioners in the complaint. 13. No doubt, learned counsel for the petitioners invited the attention of this Court to the civil suit including the order of the Assistant Commissioner with regard to the revenue entries
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HC-KAR NC: 2026:KHC-D:352 CRL.P No. 100070 of 2021
and fees. Those matters are to be investigated and if there is no iota of truth in the complaint averments, necessarily investigation agency will have to file appropriate report under Section 173 Cr.P.C.
14. It is too premature for this court to form an opinion that the petitioners are totally innocent of the offences alleged against them by holding a mini trial. 15. Accordingly, following order is passed. ORDER i. Petition is dismissed. ii. However, if any adverse report is filed against the petitioners, detrimental to their interests, they are at liberty to challenge the same in accordance with law. Sd/- (V.SRISHANANDA) JUDGE
CLK CT:CMU LIST NO.: 2 SL NO.: 24