SHRI SHAHBAZKHAN AYUBKHAN DELHI S/O AYUBKHAN v. THE STATE OF KARNATAKA
CRL.P/104532/2025 · 2026-02-03
V Srishananda
body2026
DailyLaw.ai
[ 2026 DAILYLAW 53746 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 53746 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC-D:1551 CRL.P No. 104532 of 2025
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 3RD DAY OF FEBRUARY, 2026 BEFORE THE HON'BLE MR. JUSTICE V.SRISHANANDA CRIMINAL PETITION NO. 104532 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN:
1.
SHRI SHAHBAZKHAN AYUBKHAN DELHI S/O AYUBKHAN AGE. 35 YEARS, DHARWAD, HUBBALLI DHARWAD CITY KARNATAKA 580001.
2.
FARIDABEGUAM AUBKHAN DELHI AGE. 55 YEARS, DHARWAD HUBBALLI DHARWAD CITY KARNATAKA 580001.
3.
SHAHNIBEGAUM SARFRAZ NAVAZ YAKKUNDI W/O SARFRAZ KHAN AGE. 39 YEARS, DHARWAD HUBBALLI DHARWAD CITY, KARNATAKA 580001. …PETITIONERS (BY SRI. NAYANA KUMAR, ADVOCATE) AND:
1.
THE STATE OF KARNATAKA, R/BY GOKUL ROAD P S R/BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA AT DHARWAD DHARWAD 580001.
2.
SHRI SARFRAJ NAVAZ DADAPEER YAKKUNDI S/O DADAPEER YAKKUNDI, AGE. 39 YEARS, R/AT: DIMHANS QUARTERS DHARWAD HUBBALLI, DHARWAD CITY KARNATAKA. …RESPONDENTS (BY SRI. VISHWANATH L. HEGDE, ADVOCATE FOR R2;
SMT. KIRTILATA R. PATIL, HCGP FOR R1)
CHANDRASHEKAR LAXMAN KATTIMANI Digitally signed by CHANDRASHEKAR LAXMAN KATTIMANI Date: 2026.02.04 16:17:31 +0530
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HC-KAR NC: 2026:KHC-D:1551 CRL.P No. 104532 of 2025
THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS 2023, PRAYING TO QUASH FIR NO.112/2025 DATED 05.08.2025 REGISTERED AGAINST THE PETITIONERS/ACCUSED NO.1, 2 AND 3 FOR THE OFFENCES PUNISHABLE U/S 115(2), 118(2), 351(2), 3(5), 352 OF THE BNS, 2023 BY THE GOKUL P.S. BEFORE 3 RD JMFC COURT, HUBBALLI OF PRODUCED AT ANNEXURE-A.
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. Heard Sri.Nayana Kumar,
learned counsel for petitioner, Smt.Kirtilata R. Patil, learned High Court Government Pleader, appearing for respondent No.1 and Sri.Vishwanath Hegde, appearing for respondent No.2. 2. Parties are present. 3. A Joint memo has been filed by the respective counsels on behalf of their parties. The contents of the joint memo were read over to the parties, which are as follows: JOINT APPLICATION FILED ON BEHALF OF THE PETITIONERS/ACCUSED NO. 1 & 2 AND RESPONDENT NO. 2 UNDER SECTION 359(2) R/W SECTION 528 OF B.N.S.S Act, 2023. 1. The Petitioner No.1 to 3/ accused No.1 to 3 and the Respondent No. 2 Jointly Submit as Under;
2. The Petitioner No.1 to 3/ accused No.1 to 3 and the Respondent No.2 have resolved their disputes between them. - 3 -
HC-KAR NC: 2026:KHC-D:1551 CRL.P No. 104532 of 2025
3. The Petitioner No.3 and the Respondent No.2 got married on 14.04.2013 at Railway Samuday Bhavan, Dharwad in presence of the elders and after marriage the Petitioner No.3 went to Respondent No.2 house to lead marital life. 4. The Respondent No.2 filed a complaint at the Gokul Police Station, Hubballi against the Petitioners No.1 to 3 and the Gokul P.S have registered a case FIR No. 112/2025 dated 05/08/2025 against Petitioners for the offence punishable under Section 115(2), 118(2), 351(2), 351 3(5) of the BNS Act, 2023 for physically assaulting him and threatening him. 5. The Petitioner No.1 to 3 and the Respondent No.2 have amicably resolved the disputes between them and are now residing together with their two minor children at the marital home. The complainant/ Respondent No.2 wants to withdraw the complaint filed against the Petitioners No.1 to 3 in the above petition. 6. The Petitioner No.1 to 3 and the Respondent No.2 submit that there is no force, threat or any coercion in entering into this compromise and out of free will are submitting this application. We have filed the Affidavit along with this application and the affidavit may be treated as part and parcel of this application. 7. Hence, it is prayed that this Hon'ble Court may be pleased to accept this joint application filed by accused No. 1 /Petitioners in Crl. Pet. No. 104532/2025.
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HC-KAR NC: 2026:KHC-D:1551 CRL.P No. 104532 of 2025
Wherefore, this Hon'ble court may be pleased to quash the a case against the Petitioner No.1 to 3 in the Gokul Road P.S. Crime No. 112/2025 dated 05/08/2025 for the offences Punishable under Section 115(2), 118(2), 351(2), 351 3(5) of Bhartiya Nagarik Suraksha Sanhita, 2023 in the interest of justice and equity. 4. The parties have agreed that there is no force, undue influence or coercion in arriving at terms of the compromise. 5. Accordingly, placing the compromise petition on record and following the dictum of the Hon'ble Apex Court in the case of Ramgopal and Another vs. State of Madhya Pradesh reported in (2022) 14 SCC 531, the following order is passed:
ORDER (i) The petition stands allowed.
(ii) Consequently, pending proceedings in Crime No.112/2025 dated 05.08.2025 registered by the Gokul Road Police Station on the file of 3rd JMFC Court, Hubli, are hereby quashed.
Sd/- (V.SRISHANANDA) JUDGE
RHR/- CT:CMU/ LIST NO.: 3 SL NO.: 47