Allowed

Mubasher Khan S/O Aamnulla Khan v. the State of Karnataka

Karnataka HC17 Nov 2023CRL.P/103064/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka quashed the FIR registered against the petitioner following a matrimonial dispute. The court noted the marriage had been dissolved via a settlement dated 12.10.2023, and the wife (complainant) voluntarily agreed to quash the proceedings for breach of contract and cheating.

What did the court decide?

The FIR registered in Crime No. 125/2023 by Vidyanagar Police Station is quashed, and the petition is disposed of.

Mubasher Khan S/O Aamnulla Khan Vs the State of… — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC-D:13390 CRL.P No. 103064 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17^TH DAY OF NOVEMBER 2023 BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103064 OF 2023

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BETWEEN:

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MUBASHER KHAN S/O AAMNULLA KHAN, AGE. 40 YEARS, OCC. ENGINEER, R/O. H.NO. 1016, 2^ND MAIN CROSS, 2^ND CROSS, NIJALINGAPPA LAYOUT, DAVANAGERE-577004.

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… PETITIONER

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(BY SRI. RAM P. GHORPADE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY VIDYANAGAR POLICE STATION, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-11.

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.11.20 11:50:35 +0530

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NAFISA TAHASEEN LOHAR, AGE. 44 YEARS, OCC. HIGH SCHOOL TEACHER, R/O. H.NO.13, NEW BANASHANKARI LAYOUT, BEHIND OXFORD COLLEGE, KUSUGAL ROAD, HUBBALLI-580023.

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… RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; SRI. A. A. SAVANUR, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C. SEEKING TO CALL FOR THE RELEVANT RECORDS AND ALLOW THIS CRIMINAL PETITION BY QUASHING THE CASE REGISTERED BY VIDYANAGAR PS CR.NO.125/2023 FOR THE OFFENCE P/U/SEC. 406, 420 OF IPC ON THE FILE ON PRIVATE COMPLAINT NO.1721/2023

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NC: 2023:KHC-D:13390 CRL.P No. 103064 of 2023

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FILED BY THE RESPONDENT NO.2 BEFORE THE I ADDL. CIVIL JUDGE AND JMFC COURT AT HUBBALLI AGAINST THE PETITIONER.

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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 praying to quash the FIR in Crime No.125/2023 of Vidyanagar Police Station registered for the offences punishable under Sections 406 and 420 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) (PC No.1721/2023 on the file of the learned I Additional Civil Judge and JMFC, Hubballi).

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Respondent No.2 filed PC No.1721/2023 against the petitioner for the offences under Section 406 and 420 of IPC. The said complaint came to be referred to the Police for investigation and the Vidyanagar Police have registered a case in Crime No.125/2023 against this petitioner for offences under Section 406 and 420 of IPC. The petitioner has sought for quashing of the said FIR in Crime No.125/2023 of Vidyanagar Police Station.

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NC: 2023:KHC-D:13390 CRL.P No. 103064 of 2023

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An application is filed under Section 320 read with Section 482 of the Code of Criminal Procedure which is jointly signed by the petitioner and respondent No.2 and their respective counsels. The said application is supported by the affidavit of respondent No.2.

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The petitioner is the husband and respondent No.2 is his wife. The marriage of the petitioner with respondent No.2 has been dissolved in O.S. No.39/2022 in view of the settlement dated 12.10.2023. In terms of the said Memorandum of Settlement, respondent No.2 has no objection for quashing of the FIR in Crime No.125/2023 of Vidyanagar Police Station, Hubballi. The same is mentioned in clause 5 of the terms and condition of the settlement which is contained in the decree drawn in O.S. No.39/2022.

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Respondent No.2 present before the Court submits that, she has voluntarily entered into compromise and there is no force or coercion of anybody on her.

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NC: 2023:KHC-D:13390 CRL.P No. 103064 of 2023

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