Allowed

Noorulla S/O Abdulkhadar Sayed v. the State of Karnataka

Karnataka HC23 Nov 2023CRL.P/103079/2023

Case brief

AI extract

What is this about?

Criminal Petition filed under Section 482 Cr.P.C. seeking quashing of charge sheet in dowry offence case. Court allowed quashing based on joint compensation memo filed by parties settling matrimonial dispute filed under Section 320 Cr.P.C.

What did the court decide?

Charge Sheet in CC No.1075/2022 pending before III Additional Civil Judge and JMFC Hubballi is quashed.

Noorulla S/O Abdulkhadar Sayed Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2023)

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NC: 2023:KHC-D:13677 CRL.P No. 103079 of 2023

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 23^RD DAY OF NOVEMBER, 2023

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BEFORE

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THE HON'BLE MR JUSTICE SHIVASHANKAR AMARANNAVAR

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CRIMINAL PETITION NO. 103079 OF 2023 (482-)

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BETWEEN:

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NOORULLA S/O ABDULKHADAR SAYED AGE: 31 YEARS, OCC: AUTO DRIVER R/O: MANTOR ROAD, ARALIKATTI COLONY HUBBALLI.

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ABDULKHADAR S/O NOOORULLA SAYED AGE 64 YEARS, OCC RTD EMPLOYEE R/O: MANTOR ROAD, ARALIKATTI COLONY HUBBALLI.

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SMT FAJALLUNNISA W/O ABDULKHADAR SAYED AGE: 55 YEARS, OCC: HOUSEWIFE R/O MANTOR ROAD, ARALIKATTI COLONY HUBBALLI.

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Digitally signed by VIJAYALAKSHMIM KANKUPPI VIJAYALAKSHMIM KANKUPPI Date: 2023.11.28 13:21:41 +0530

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SANAULLA S/O ABDULKHADAR SAYED AGE: 36 YEARS, OCC: PRIVATE JOB R/O H.NO 1231/194, KULAKARNIHAKKAL GOODSHED ROAD, HUBBALLI

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…PETITIONERS

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(BY SRI. K M SHIRALLI., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY WOMEN POLICE, HUBBALLI REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BENCH DHARWAD.

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NC: 2023:KHC-D:13677 CRL.P No. 103079 of 2023

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SMT PARAVEENBANU W/O NOORULLA SAYED AGE: 27 YEARS, OCC: HOUSEWIFE R/O MANTOR ROAD, ARALIKATTI COLONY, HUBBALLI NOW RESIDING C/O FAKRUSAB MASANKATTI IRANI COLONY, JANNATH NAGAR, DHARWAD-580004.

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…RESPONDENTS

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(BY SRI.P.N.HATTI, HCGP FOR R1; SRI.IQBAL I SHAIAK, J.T.MULLOLLI, ADVOCATE FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C SEEKING TO QUASH THE FIR AND COMPLAINT VIDE ANNEXURE-A AND B WHICH IS REGISTERED AGAINST THEM IN HUBBALLIDHARWAD MAHILA POLICE STATION CRIME NO 5/2022 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 323, 504, 506 R/W SECTION 149 OF IPC AND 3 AND 4 OF DOWRY PROHIBITION ACT DATED 12.01.2022 PENDING ON THE FILE OF THE III ADDL CIVIL JUDGE AND JMFC HUBBALLI. AND TO CONSEQUENTLY QUASH THE ENTIRE CHARGE SHEET IN C.C NO.1075/2022 PRODUCED AT ANNEXURE-C FILED AGAINST THEM AND WHICH IS PENDING ON THE FILE OF THE III ADDL CIVIL JUDGE AND JMFC HUBBALLI REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504, 506 R/W SECTION 149 OF IPC AND 3 AND 4 OF DOWRY PROHIBITION ACT.

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

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NC: 2023:KHC-D:13677 CRL.P No. 103079 of 2023

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ORDER

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Petitioners have sought for quashing of the charge sheet in C.C.No.1075/2022 pending on the file of the III Additional Civil Judge and JMFC Hubballi, registered for the offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of the Indian Penal Code (hereinafter referred to as the “IPC”, for brevity) and Section 3 and 4 of Dowry Prohibition Act (hereinafter referred to as the “D.P.Act”, for brevity).

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Respondent No.2 has filed complaint against petitioners and case came to be registered in HubballiDharwad in Crime No.05/2022 for the offences punishable under Sections 498A, 323, 504, 506 read with Section 149 of the IPC and Section 3 and 4 of D.P.Act. Police after investigation filed charge sheet against petitioners for the aforesaid offences and now case is pending in C.C.No.1075/2022 on the file of the III Additional Civil Judge and JMFC Hubballi. Petitioner No.1 is the husband,

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4 - NC: 2023:KHC-D:13677 CRL.P No. 103079 of 2023

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petitioner Nos.2 and 3 are the father-in-law and motherin-law and petitioner No.4 is brother-in-law of the respondent No.2. The matrimonial dispute between the petitioners and respondent No.2 has been settled and joint compromise memo has been filed in Crl.Misc.No.40/2022. In the said joint memo, there is a clause at Sl.No.10, that respondent No.1 has to withdraw and close the case in C.C.No.1075/2022 pending on the file of the III Additional Civil Judge and JMFC Hubballi.

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A joint compromise petition is filed under Section 320(4)(8) of the Criminal Procedure Code (hereafter referred to as the “Cr.P.C.”, for brevity) and said joint memo is signed by the petitioner Nos.1 to 4 and respondent No.2 and their respective counsel. The dispute between respondent No.2 and petitioners has been amicably settled between parties.

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NC: 2023:KHC-D:13677 CRL.P No. 103079 of 2023

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In view of the above proceedings against

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petitioners in C.C.no.1075/2022 are quashed.

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Accordingly, petition is disposed of.

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Sd/JUDGE

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List No.: 1 Sl No.: 38

Noorulla S/O Abdulkhadar Sayed v. the State of Karnataka

Case brief

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Noorulla S/O Abdulkhadar Sayed v. the State of Karnataka

Case brief

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