Quashed

Ayub S/O Sanna Hasansab Naddimulla v. the State of Karnataka

Karnataka HC4 Dec 2023CRL.P/100983/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka at Dharwad Bench quashed the FIR and complaint registered for offences under Sections 354, 504, and 506 IPC. The court dismissed the Criminal Petition filed under Section 482 Cr.P.C. after finding that a Section 320 compromise application, jointly signed by the petitioners and the complainant (Respondent No.2), evidenced an amicable settlement of the dispute with the st

What did the court decide?

Quashing of the complaint and FIR in Crime No.27/2023 of Betageri Extension Police Station, and disposal of the Criminal Petition.

Ayub S/O Sanna Hasansab Naddimulla Vs the State… — Writ and Judicial Review | Karnataka HC (2023)

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NC: 2023:KHC-D:14129 CRL.P No. 100983 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 4^TH DAY OF DECEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 100983 OF 2023 (482-)

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BETWEEN:

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AYUB S/O SANNA HASANSAB NADDIMULLA, AGE. 27 YEARS, OCC. NIL, R/O. #429/24, IRANI COLONY, GADAG-582101.

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SARFARAJ S/O MABUSAB SHIRAHATTI, AGE. 30 YEARS, OCC. BUSINESS, R/O. 2^ND CROSS, PUTTARAJ NAGAR, GADAG-582101.

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SMT. ANJUM W/O SARFRAJ SHIRAHATTI, AGE. 24 YEARS, OCC. HOUSEWIFE R/O. 2^ND CROSS, PUTTARAJ NAGAR, GADAG-582101.

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… PETITIONERS

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(BY SRI. CHETAN MUNNOLI, ADVOCATE)

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AND:

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.12.07 11:56:18 +0530

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THE STATE OF KARNATAKA, THROUGH THE INSPECTOR OF POLICE, BETAGERI EXTENSION POLICE STATION, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH.

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SMT. AMBIKA W/O LAXMANSA KABADI, AGE. 34 YEARS, OCC. CLAIMING TO BE SOCIAL WORKER, R/O. S.B. NAGAR, GADAG-582101.

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… RESPONDENTS

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(BY SRI. P.N. HATTI, HCGP FOR R1; SRI. ABHISHEK L. KALLAD, ADVOCATE FOR R2)

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2 - NC: 2023:KHC-D:14129 CRL.P No. 100983 of 2023

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE F.I.R. AND COMPLAINT IN CRIME NO. 27/2023 OF BETAGERI EXTENSION POLICE STATION ON THE FILE OF THE I ADDITIONAL CIVIL JUDGE AND JMFC, GADAG REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SEC.34, 354, 504 AND 506 OF IPC, VIDE ANNEXURE-A AND B IN RESPECT OF PETITIONERS/ACCUSED NO. 1 TO 3 IN THE INTEREST OF JUSTICE AND EQUITY.

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THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, THE COURT MADE THE FOLLOWING:

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ORDER

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This petition is filed seeking quashing of FIR and complaint in Crime No.27/2023 of Betageri Extension Police Station registered for the offences punishable under Sections 354, 504 and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as the “IPC”, for brevity). The petitioners are arrayed as accused Nos.1 to 3 in the FIR.

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Respondent No.2 has filed first information and on that basis case came to be registered against petitioners in Crime No.27/2023 of Betageri Extension Police Station for the offences under Sections 354, 504 and 506 read with Section 34 of the IPC. Petitioners sought quashing of the said complaint and FIR in Crime No.27/2023.

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3 - NC: 2023:KHC-D:14129 CRL.P No. 100983 of 2023

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An application is filed under Section 320 read with Section 482 of the Criminal Procedure Code (hereinafter referred to as the “Cr.P.C”, for brevity), which is jointly signed by the petitioner Nos.1 to 3, respondent No.2 and their respective counsel.

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As per the terms of that application at the intervention of the elders, well-wishers and friends, the parties have amicably settled the lis between them.

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Respondent No.2, who is present before this Court submits that there is no threat or coercion on her to entered into compromise. As per the terms of that application, respondent No.2 has agreed not to proceed in Crime No.27/2023 of Betegari Extension Police Station.

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In view of the above, the complaint and FIR in Crime No.27/2023 of Betegari Extension Police Station are quashed. Accordingly, above petition is disposed of.

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CT:BCK/List No.: 1 Sl No.: 36

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Sd/JUDGE

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Ayub S/O Sanna Hasansab Naddimulla v. the State of Karnataka

Case brief

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What did the court decide?

Ayub S/O Sanna Hasansab Naddimulla v. the State of Karnataka

Case brief

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What did the court decide?

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