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2026 DAILYLAW 53630 (KAR)

SHRI. SARFRAZNAWAZ S/O DADAPEER YAKKUNDI v. THE STATE OF KARNATAKA

CRL.P/104533/2025 · 2026-01-13

V Srishananda

body2026

Judgment text

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- 1 - HC-KAR NC: 2026:KHC-D:371 CRL.P No. 104533 of 2025 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. 104533 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI. SARFRAZNAWAZ S/O DADAPEER YAKKUNDI AGE. 40 YEARS, OCC. NURSE, R/O H.NO. 2, 2ND FLOOR, MENTAL HOSPITAL QUARTERS DHARWAD-580001. 2. SMT. SHAINAZ DADAPEER YAKKUNDI AGE. 55 YEARS, OCC. HOUSEWIFE, R/O BACK SIDE MOULALI KATTE, DHARWAD-580001. 3. DADAPEER YAKKUNDI AGE. 63 YEARS, OCC. VETERINARY DOCTOR, R/O BACK SIDE MOULALI KATTE, DHARWAD-580001. 4. MANJURILAYI DADAPEER YAKKUNDI AGE. 38 YEARS, OCC. PRIVATE WORK, R/O BACK SIDE MOULALI KATTE, DHARWAD-580001. &PETITIONERS (BY SRI. VISHWANATH L. HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY WOMEN P.S., HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNTAKA AT DHARWAD, DHARWAD 580001. 2. SMT. SHAHEEN W/O SARFRAZNAVAZ YAKKUNDI AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. H.NO.2, 2ND FLOOR, MENTAL HOSPITAL QUARTERS, DHARWAD-580001. &RESPONDENTS Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2026:KHC-D:371 CRL.P No. 104533 of 2025 (BY SRI. MANJUNATH S. BARADOOR, ADVOCATE) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS 2023, PRAYING TO QUASH THE CASE AGAINST THE PETITIONER NO.1 TO 4 IN THE WOMEN POLICE HUBBALLI-DHARWAD P.S. CRIME NO.46/2025 DATED 02.08.2025 FOR THE OFFENCES PUNISHABLE U/S 85, 115(2) R/W 3(5) OF BHARATIYA NAGARIK SURAKSHA SANHITA 2023 AND THE U/S 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, BEFORE THE II CIVIL JUDGE AND JMFC DHARWAD, PRODUCED AT ANNEXURE-A OF THE BHARATIYA NAGARIK SURAKSHA SANHITA 2023 IN THE INTEREST OF JUSTICE. 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) 1. Parties are present before this Court and filed a joint application under Section 359(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The joint application is duly signed by the parties and their respective counsel. 2. On enquiry, they submit that there is no force, undue influence or coercion in reaching out the terms of the compromise and it is on their volition they have settled the dispute. - 3 - HC-KAR NC: 2026:KHC-D:371 CRL.P No. 104533 of 2025 3. As such, there is no impediment for this Court to allow the application and quash the pending criminal proceedings following the dictum of the Hon9ble Apex Court in the case of Ramgopal Vs. State of Madhya Pradesh1. 4. Hence, the following: ORDER (i) The petition is allowed in terms of the joint application. (ii) Consequently, pending criminal case in Crime No.46/2025 of Women Police Station, Hubballi-Dharwad, is hereby quashed. Sd/- (V.SRISHANANDA) JUDGE SMM, CT:CMU LIST NO.: 2 SL NO.: 76 1 2021 SCC Online SC 834