IBRAHIM BEARY YANE IBRAHIM. V v. THE STATE OF KARNATAKA
CRL.P/7036/2024 · 2026-04-16
M Nagaprasanna
body2026
DailyLaw.ai
[ 2026 DAILYLAW 8182 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 8182 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2026:KHC:20854 CRL.P No. 7036 of 2024
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 16TH DAY OF APRIL, 2026 BEFORE THE HON'BLE MR. JUSTICE M.NAGAPRASANNA CRIMINAL PETITION NO. 7036 OF 2024
BETWEEN:
1.
IBRAHIM BEARY YANE IBRAHIM. V S/O. LATE MOHAMMAD AGED ABOUT 81 YEARS R/AT: NO. 3-179 AANGRI HOUSE KANYANA, BANTWAL TALUK D K DISTRICT – 574 279.
2. KAMARUNNISA W/O. SHAREEF AGED ABOUT 31 YEARS R/AT: NO. 3-179 AANGRI HOUSE KANYANA, BANTWAL TALUK D K DISTRICT – 574 279.
3. SAJIDA W/O RASHEEDA YANE ANDUL RASHEED AGED ABOUT 30 YEARS R/AT: NO. 3-179 AANGRI HOUSE KANYANA, BANTWAL TALUK D K DISTRICT – 574 279.
4. JAMEELA W/O TA AHAMED KABEER AGED ABOUT 34 YEARS R/AT: NO. 2-69 KATTATHARU HOUSE TINGALADY POST
Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka
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HC-KAR NC: 2026:KHC:20854 CRL.P No. 7036 of 2024
KEDAMBADY D.K DISTRICT – 574 210.
5.
AHAMMAD KABEER T A S/O. LATE ABDULLA AGED ABOUT 36 YEARS R/AT: NO. 2-69 KATTATHARU HOUSE TINGALADY POST, KEDAMBADY D K DISTRICT – 574 210.
6.
MOHAMMED ASHRAF S/O LATE IBRAHIM AGED ABOUT 27 YEARS R/AT: NO. 3-179 AANGRI HOUSE KANYANA, BANTWAL TALUK D K DISTRICT – 574 279.
…PETITIONERS (BY SRI. LETHIF B, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY VITLA POLICE STATION, D K DISTRICT REPRESENTED BY SPP HIGH COURT BUILDING BANGALORE - 560 001.
2.
SMT. B SWABIRA W/O MOHAMMED FAROOQ AGED ABOUT 21 YEARS R/AT BALEPUNI HOUSE IRA VILLAGE, BANTWAL TALUK D K DISTRICT – 574 323.
…RESPONDENTS (BY SMT. SOWMYA R, HCGP FOR R1;
SRI. SAGAR N, ADVOCATE FOR R2)
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HC-KAR NC: 2026:KHC:20854 CRL.P No. 7036 of 2024
THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CC.NO.1587/2023 ON THE FILE OF ADDITIONAL CIVIL JUDGE AND JMFC, BANTWAL FOR THE OFFENCE P/U/S 323, 504, 498-A R/W 34 OF IPC, VITLA POLICE STATION, D.K DISTRICT WHICH IS PRODUCED AT ANNEXURE-A AND ETC.,
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA
ORAL ORDER
Petitioners – accused Nos.2, 4 to 8 are before this Court calling in question proceedings in C.C.No.1587/2023, pending before the Additional Civil Judge and JMFC, Bantwal, for the offences punishable under Sections 323, 504, 498A r/w. 34 of the IPC. 2. Learned counsel for the petitioners and respondent No.2 in unison submit that during the pendency of these proceedings, the parties to the lis have settled their disputes amicably by drawing up certain terms and conditions. The parties file an application under Section 482 of the Cr.P.C., along with an affidavit before this Court to that effect. - 4 -
HC-KAR NC: 2026:KHC:20854 CRL.P No. 7036 of 2024
3. The affidavit reads as follows:
“1. I state that, I am the complainant in the above case I know the facts and circumstances of the case. Hence I am deposing hereunder. 2. I state that, I have filed complaint on ill advice of the friends, without knowing the consequences. 3. I state that, I was married to the accused No.1 on 03.11.2019 and there was misunderstanding between me and the my husband/accused No.1. 4. I state that, I have filed complaint against the accused No.1 and his entire family with the ill advice of the friends and relatives knowing without the consequences. Now we dissolve our dispute with the intervention of the elders of the family. 5. I state that, I have no objection to quash the entire proceedings against the petitioners. 6. I state that, me and accused No.1 have decided to close our matrimonial relationship by obtaining divorce as per our personal law. Hence we decided to close our relationship by way of separation and we have no other dispute or cases pending in any court of law. 7. I state that, by the way of this affidavit I am ready to withdraw all the allegations alleged against the petitioner. 8. I state that, I know the contents of the affidavit; I have signed this affidavit with my free consent without any force, threat, coercion, and undue influence.
Wherefore, I pray that, this Hon'ble Court may be pleased to permit the parties to compound the offence consequently, quash the entire proceedings in C.C No. 1587/2023 on the file of Additional Civil Judge and JMFC, Bantwal for the offence punishable under section 323, 504, 498 A r/w 34 of Indian Penal Code of Vitla Police
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HC-KAR NC: 2026:KHC:20854 CRL.P No. 7036 of 2024
Station, D.K District which is produced at Annexure-A, in the interests of justice.”
In the light of the afore-quoted affidavit, as the dispute is between the couple and their family and the allegations are not against the State, I deem it appropriate to accept the affidavit and terminate the proceedings against the petitioners. 4. For the aforesaid reasons, I pass the following:
ORDER (i) The criminal petition is disposed. (ii) The proceedings in C.C.No.1587/2023, pending before the Additional Civil Judge and JMFC, Bantwal, stand quashed.
Sd/- (M.NAGAPRASANNA) JUDGE
NVJ List No.: 3 Sl No.: 1