The High Court of Karnataka allowed criminal petitions seeking quashing of an FIR under sections 498-A and others. The court held that since the parties settled amicably and the marriage was dissolved mutually, further investigation was an abuse of the process.
Criminal petitions allowed; Impugned FIR in Crime No.17/2022 stands quashed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
NC: 2023:KHC:35147 CRL.P No. 4778 of 2022 C/W CRL.P No. 2866 of 2023
IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 26TH DAY OF SEPTEMBER, 2023 BEFORE
THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR
CRIMINAL PETITION NO. 4778 OF 2022
C/W
CRIMINAL PETITION NO. 2866 OF 2023
IN CRIMINAL PETITION NO. 4778 OF 2022:
BETWEEN:
JAIBUNNISA UCHIL HUSSAIN W/O NIJAMUDDIN MOHAMMED AGED ABOUT 34 YEARS, R/AT NO.3-147 UCHILKAR HOUSE AJJINADKA POST
KOTEKAR, MANGALURU CITY D K DISTRICT-575 022
(IN THE FIR THE NAME OF THE PETITIONER IS SHOWN AS SMT JAIBUNNISA)
…PETITIONER
(BY SRI. LETHIF B, ADVOCATE)
AND:
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA
D K DISTRICT, REP. BY SPP HIGH COURT BUILDING BANGALORE-560 001.
…RESPONDENTS
(BY SRI. M R PATIL, HCGP FOR R-1; SRI. HARSHA G, ADVOCATE FOR SRI. SACHIN B S, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
FIR IN CRIME NO.17/2022 OF MANGALURU WOMEN POLICE STATION, FOR THE OFFENCE P/U/S.498-A, 323, 504, 506 R/W SEC.34 OF IPC SEC.4 OF DP ACT 1961 AND SEC.4 OF MUSLIM WOMEN (PROTECTION ON RIGHTS ON MARRIAGE) ACT 2019 PENDING ON THE FILE OF THE III JMFC, MANGALURU.
IN CRIMINAL PETITION NO. 2866 OF 2023:
BETWEEN:
…PETITIONERS
(BY SRI. LETHIF B, ADVOCATE)
AND:
…RESPONDENTS
(BY SRI. M R PATIL, HCGP FOR R-1; SRI. HARSHA G, ADVOCATE FOR SRI. SACHIN B S, ADVOCATE FOR R-2)
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO QUASH THE
NC: 2023:KHC:35147 CRL.P No. 4778 of 2022 C/W CRL.P No. 2866 of 2023
FIR IN CR.NO.17/2022 OF MANGALURU WOMEN POLICE STATION, FOR THE OFFENCE P/U/S.498-A, 323, 504, 506 R/W SEC.34 OF IPC SEC.4 OF DP ACT 1961 AND SEC.4 OF MUSLIM WOMEN (PROTECTION ON RIGHTS ON MARRIAGE) ACT 2019 PENDING ON THE FILE OF THE III JMFC, MANGALURU.
THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, THE COURT MADE THE FOLLOWING:
ORDER
Petitioners-accused Nos.1 to 3 are sought to be prosecuted for the offences punishable under Sections 498A, 323, 504, 506 r/w Section 34 of IPC, and section 4 of the Dowry Prohibition Act, and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.
permanent alimony and also the gold ornaments were returned to the second respondent –informant and further she has stated that she has no objection for quashing the impugned proceedings.
ORDER
i) The Criminal petitions are allowed;
ii) Impugned FIR in Crime No.17/2022 registered by the Mangalore Women Police Station, stands quashed.
Sd/JUDGE
HR
2 issues framed by the court
Whether the FIR in a matrimonial dispute should be quashed given an out-of-court settlement and mutual dissolution of marriage.
Whether the continuation of investigation is an abuse of the process of law after the parties have amicably settled the dispute.
4 provisions across 4 enactments
JAIBUNNISA UCHIL HUSSAIN W/O NIJAMUDDIN MOHAMMED
THE STATE OF KARNATAKA
SMT AISHATHUL NASIBA W/O MOHAMMED SHARIEF
MOHAMMED SHAFIQ S/O MOHAMMED ULLAL AJEKALA
U.A. MOHAMMED S/O LATE BAVA
SMT. AYISHATUN NASHIBA W/O MOHAMMED SHARIEF
HEMANT CHANDANGOUDAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
