Allowed

Sri Jeelan Basha v. the State of Karnataka

Karnataka HC21 Nov 2023CRL.P/103074/2023

Case brief

AI extract

What is this about?

The High Court of Karnataka allowed a criminal petition to quash proceedings in C.C.No.355/2016. The court held that since the original proceedings in C.C.No.655/2013 were quashed due to a compromise between parties, the split-off case arising from the same crime factum against the petitioner also ceases to survive.

What did the court decide?

Proceedings in C.C. No. 355/2016 pending before the II Additional Civil Judge and JMFC, Ballari, in the offences punishable under Sections 323, 324, 504, 498-A, 109 r/w 149 of IPC and Sections 3 and 4

Sri Jeelan Basha Vs the State of Karnataka — Matrimonial and Divorce | Karnataka HC (2023)

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NC: 2023:KHC-D:13575 CRL.P No. 103074 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 21^ST DAY OF NOVEMBER, 2023 BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103074 OF 2023

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BETWEEN:

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SRI. JEELAN BASHA, AGE. 46 YEARS, OCC. ELECTRICIAN, R/O. MOHAMMED SHAREEF MANZIL, DOOR NO.11, WARD NO.28, ABDUL SALAM STREET, NEAR WATER TANK, MAIN ROAD, COWL BAZAR, BALLARI-583101.

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… PETITIONER

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(BY SRI. RAJENDRA R. PATIL, ADVOCATE FOR SRI. SRINAND A. PACHCHAPURE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROPUGH COWL BAZAR P.S. BELLARY, NOW R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT DHARWAD-580011.

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VIJAYALAKSHMI M KANKUPPI Digitally signed by VIJAYALAKSHMI M KANKUPPI Date: 2023.11.23 16:49:31 +0530

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SMT. SHAHEEN ANSARI W/O S.K. MOHAMMED SHAREEF D/O MOHAMMED SALEEM ANSARI, AGE. 35 YEARS, OCC. HOUSEHOLD WORK, R/O. SHAHEEN MANZIL, DOOR NO.964, WARD NO.27 KAWADI STREET, COWL BAZAR, BALLARI-583101.

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… RESPONDENTS (BY SRI. P.N. HATTI, HCGP FOR R1; NOTICE TO R2 IS DISPENSED WITH)

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THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDING IN C.C.NO.355/2016 ON THE FILE OF II ADDL. CIVIL JUDGE AND JMFC, BALLARI REGISTERED FOR THE OFFENCES PUNISHABLE U/SEC. 323, 324, 504, 498-A AND 109 R/W 149 OF IPC AND SEC. 3 AND 4 OF DOWRY PROHIBITION ACT, THE ORDER SHEET MARKED AT

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NC: 2023:KHC-D:13575 CRL.P No. 103074 of 2023

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ANNEXURE-A. IN SO FAR PETITIONER/ACCUSED NO.4 IS CONCERNED.

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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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The petitioner has sought quashing of proceedings in C.C.No.355/2016 pending on the file of the II Additional Civil Judge and JMFC, Ballari registered for offence punishable under Sections 323, 324, 504, 498-A and 109 r/w Section 149 of Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act.

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Heard learned counsel for the petitioner and learned High Court Government Pleader for respondent No.1-State.

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The petitioner is accused No.4 in crime No.270/2012 of Cowlbazar Police Station. In the said crime No. 270/2012 charge sheet came to be filed and case came to be registered against the petitioner and other 8 accused persons for offence punishable under Sections 323, 324, 504, 498-A and 109 r/w Section 149 of Indian Penal Code and Sections 3 and 4 of the Dowry

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NC: 2023:KHC-D:13575 CRL.P No. 103074 of 2023

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Prohibition Act in C.C.No.655/2013. During pendency of C.C.No.655/2013, accused Nos.1 to 9 including this petitioner/accused No.4 filed a petition in Crl.P.No.100979/2016 before this Court seeking quashing of entire proceedings in C.C.No.655/2013 pending on the file of the II Additional Civil Judge and JMFC, Ballari. The compromise has arrived between respondent No.2 and accused Nos.1 to 9. Cosidering the said compromise this Court by order dated 24.08.2016 has quashed the proceedings in C.C. No.655/2013 pending on the file of the II Additional Civil Judge and JMFC, Ballari.

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Prior to the said that i.e.24.08.2016 case against this petitioner/accused No.4 came to be split up by the learned Magistrate by order dated 20.04.2016. By virtue of the said order separate case came to be registered against this petitioner in C.C.No.355/2016. The said case is still continued against this petitioner wherein process has been issued to secure his presence.

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4 - NC: 2023:KHC-D:13575 CRL.P No. 103074 of 2023

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Learned counsel for the petitioner submits that

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as petitioner was in Saudi Arabia, he had not attended the case. He further submits that now he has returned to the India. Since, the proceedings in C.C.No.655/2013 arising out of Crime No.270/2012 of Cowlbazar Police Station have been quashed against all accused persons by this Court in Crl.P.No.100979/2016, the proceedings against this petitioner in C.C.No.355/2016 does not survive, since, the said C.C.No.355/2016 also arises out of Crime No.270/2012of Cowlbazar police Station. In the result, the following

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ORDER

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The petition is allowed.

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Proceedings in C.C.No.355/2016 pending on the file

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of the II Additional Civil Judge and JMFC, Ballari are quashed.

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DSP CT:BCK List No.: 1 Sl No.: 31

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Sd/JUDGE

Sri Jeelan Basha v. the State of Karnataka

Case brief

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Sri Jeelan Basha v. the State of Karnataka

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