Disposed¶64

Javed S/O. Allabaksh Nadaf v. the State of Karnataka

Karnataka HC3 Jul 2025CRL.P/100860/2025

Case brief

AI extract

What is this about?

Karnataka HC Dharwad; CRL.P 100860/2025; Section 482 CrPC / Section 528 BNSS quashing; 498A 504 506 r/w 149 IPC; Sections 3 and 4 Dowry Prohibition Act; CC 1428/2023; Crime 48/2023 Hubli-Dharwad City Women Police Station; compromise and compounding; Narinder Singh (2014) 6 SCC 466 relied on; de facto complainant consent affidavit; divorce O.S. 15/2024; abuse of process; proceedings quashed.

What did the court decide?

Entire proceedings in C.C.No.1428/2023 against the petitioners/accused Nos.1 to 3, arising out of Crime No.48/2023 of Hubli-Dharwad City Women Police Station, quashed; parties permitted to compound the offences; pending applications, if any, stand disposed of. ¶64

Javed S/O. Allabaksh Nadaf Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the order issuing cognizance and the entire proceedings in C.C.No.1428/2023 (arising out of Crime No.48/2023, Hubli-Dharwad City Women Police Station) against the petitioners/accused Nos.1 to 3 for offences under Sections 498(A), 504, 506 r/w 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act ought to be quashed, and whether the offences may be compounded, in view of the settlement between the parties and the de facto complainant's consent.

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Court's answer

Since the complainant agreed to withdraw the allegations having compromised the dispute, subjecting accused Nos.1 to 3 to trial would be a futile exercise as the probability of conviction is remote and bleak in view of the settlement; hence continuation of the criminal proceedings would be an abuse of process of law.

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Ratio / Principle

In view of the settlement between the parties and the ratio laid down by the Hon'ble Apex Court in Narinder Singh, it is just and necessary to allow the compromise petition and the parties are permitted to compound the offences punishable under Sections 498(A), 504, 506 read with Section 149 of IPC and Sections 3 and 4 of the D.P.Act.

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Key takeaways

The compromise arrived at between the parties is accepted and the criminal proceedings arising out of Crime No.48/2023 of Hubli-Dharwad City Women Police Station on the file of the II Additional Civil Judge and JMFC-II, Dharwad, are required to be quashed.ratio¶57

Detailed headnote1 paragraphs

Criminal petition under Section 482 Cr.P.C. (Section 528 BNSS) by accused Nos.1 to 3 seeking quashing of the cognizance order dated 14.07.2023 and the entire proceedings in C.C.No.1428/2023 (Crime No.48/2023, Hubli-Dharwad City Women Police Station) for offences under Sections 498(A), 504, 506 r/w 149 IPC and Sections 3 and 4 of the Dowry Prohibition Act. During pendency, the parties settled their disputes through elders; respondent No.2, the de facto complainant, filed an affidavit voluntarily consenting to quashing, recording that her divorce from petitioner No.1 had been allowed in O.S. No. 15/2024 by the Prl. Family Judge, Dharwad. Following the ratio in Narinder Singh v. State of Punjab, (2014) 6 SCC 466, the Court held that trial would be futile with the probability of conviction remote and bleak, making continuance an abuse of process; it accepted the compromise, permitted the parties to compound the offences and quashed the proceedings. Petition disposed of accordingly.

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NC: 2025:KHC-D:8337 CRL.P No. 100860 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH

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DATED THIS THE 3^RD DAY OF JULY, 2025

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BEFORE

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THE HON'BLE MR. JUSTICE VENKATESH NAIK T

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CRIMINAL PETITION NO.100860 OF 2025 (482 OF Cr.PC/528 OF BNSS)

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BETWEEN:

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JAVED S/O. ALLABAKSH NADAF, AGE: 37 YEARS, OCC: ENGINEER, RESIDING AT: #2010/11/4/7, M.G. COLONY, BAILHONGAL, DIST. BELAGAVI-591102.

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Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench

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ALLABAKSH @ ALISHAB S/O. FAKRUSAB NADAF, AGE: 73 YEARS, OCC: RETD., RESIDING AT #2010/11/4/7, M. G. COLONY, BAILHONGAL, DIST. BELAGAVI-591102.

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SMT. KHATUNBI W/O. ALLABAKSH NADAF, AGE: 68 YEARS, OCC: HOUSEHOLD, RESIDING AT: #2010/11/4/7, M. G. COLONY, BAILHONGAL, DIST. BELAGAVI-591102.

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…PETITIONERS

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(BY SHRI JEEVAN T. MULLOLLI, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, BY HUBLI-DHARWAD CITY WOMEN

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NC: 2025:KHC-D:8337 CRL.P No. 100860 of 2025

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HC-KAR

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POLICE STATION, HUBBALLI, R/BY ITS S.P.P, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD.

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SMT. RUHIDA W/O. JAVED NADAF, AGE: 30 YEARS, OCC: HOUSEHOLD WORK, R/O. DURGA COLONY, HALIYAL ROAD, SAPTAPUR LAST STOP, DHARWAD-580001.

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…RESPONDENTS

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(BY SHRI JAIRAM SIDDI, HCGP FOR R1; SHRI ABHISHEK G. HOSAKERI, ADV. FOR SHRI R. P. MANDI, ADV. FOR R2)

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THIS CRIMINAL PETITION IS FILED U/S.482 OF CR.P.C. (528 OF BNSS), SEEKING TO ALLOW THE PETITION AND QUASH THE ORDER OF ISSUANCE OF COGNIZANCE PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC-II DHARWAD IN C.C. NO.1428/2023, DATED 14.07.2023, CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.1428/2023, PENDING ON THE FILE OF II ADDL.CIVIL JUDGE AND JMFC-II DHARWAD, AS FAR AS THIS PETITIONERS/ACCUSED NO.1, 2 AND 3 ARE CONCERNED, IN HUBLI-DHARWAD CITY WOMEN POLICE STATION HUBBALI IN THEIR P.S. CRIME NO.48/2023 U/S. 498(A), 504, 506, R/W. SECTION 149 OF IPC AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT AS AGAINST THE PETITIONERS NO.1 TO 3 AND CALL FOR RECORDS AND ETC.

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THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:8337 CRL.P No. 100860 of 2025

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HC-KAR

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ORAL ORDER

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(PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T)

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Heard Sri. Jeevan T.Mulloli., learned counsel for the petitioners, Sri. Jairam Siddi., learned High Court Government Pleader for respondent No.1 – State and Sri. Abhishek G.Hosakeri and Smt. Rashmi P.Mandi., learned counsels for respondent No.2.

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The petitioners/accused Nos.1 to 3 have filed the present petition under Section 482 of the Code of Criminal Procedure (for short ‘Cr.P.C.’) seeking to quash the entire proceedings in C.C.No.1428/2023, pending on the file of the learned II Additional Civil Judge and JMFC-II at Dharwad arising out of Crime No.48/2023 of HubliDharwad City Women Police Station for the offences punishable under Sections 498(A), 504 506 read with Section 149 of the Indian Penal Code, 1860 (for short ‘IPC’) and Sections 3 and 4 of Dowry Prohibition Act, 1961 (for short ‘D.P.Act’). Now, the petitioners and the de facto

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4 - NC: 2025:KHC-D:8337 CRL.P No. 100860 of 2025

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HC-KAR

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complainant have resolved their disputes with the intervention of elders and well-wishers from both families.

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In view of the settlement, respondent No.2- de

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facto complainant has filed her affidavit before this Court. The contents of affidavit read as under:

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“I, Ruhida W/o Javed Nadaf, aged 30 years, Occ: Household Work, R/o Durga Colony, Haliyal Road, Saptapur Last Stop, Dharwad today at Dharwad do hereby solemnly affirm and state on oath as under:

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I am the respondent No. 2 in this case and I am well conversant with the facts of the case, hence I am swearing to this affidavit. 2. The petitioners have filed this Criminal petition challenging the criminal proceedings initiated against petitioners No.1-3 in C.C. No.1428/2023 for the offences punishable under Section 498A, 504, 506 R/w 149 of the IPC and u/s 3, 4 of the Dowry Prohibition Act pending on the file of the Hon'ble II Addl. Civil Judge and JMFC, Dharwad at my instance.

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That, myself and the petitioner No.1 had filed for a divorce in O.S. No. 15/2024 before the Prl. Family Judge, Dharwad which was duly allowed. In view of the same the proceedings in C.C. No. 1428/2023 pending on the file of Hon'ble II Addl. Civil Judge and JMFC, Dharwad is liable to be quashed.

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Further I state that, in view of the said fact I am voluntarily giving my consent to quash the said proceedings against the petitioners No. 1-3 in in C.C. No. 1428/2023 pending on the file of Hon'ble II Addl. Civil Judge and JMFC, Dharwad.

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5 - NC: 2025:KHC-D:8337 CRL.P No. 100860 of 2025

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HC-KAR

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Therefore, in view of the above stated facts and grounds this Hon'ble Court may be pleased to pass an order quashing all further proceedings in C.C. No. 1428/2023 for the offences punishable under Section 498A, 504, 506 R/w 149 of the IPC and u/s 3, 4 of the Dowry Prohibition Act pending on the file of the Hon'ble II Addl. Civil Judge and JMFC, Dharwad at my instance.

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I the above named deponent do hereby declare and verify that the contents of the paragraph No's 1 to 4 are true and correct to the best of my knowledge, belief and information.

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Learned counsels for the petitioners,

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respondent No.2 and learned HCGP for respondent No.1-

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State submit that, in view of the compromise arrived at between the parties, the Court may accept the compromise petition and quash the proceedings.

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Perused the material available on record.

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The complainant having agreed to withdraw the

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allegations i.e., the complaint registered against the petitioners, since, she has compromised the dispute with the petitioners-accused Nos.1 to 3, it will be a futile exercise, if the petitioners-accused Nos.1 to 3 are subjected to trial, since the probability of their conviction is

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6 - NC: 2025:KHC-D:8337 CRL.P No. 100860 of 2025

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HC-KAR

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remote and bleak in view of the settlement arrived at between the parties. Hence, the continuation of the criminal proceedings will be an abuse of process of law.

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In view of the settlement arrived at between

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the parties and in view of the ratio laid down by the Hon’ble Apex Court in the case of Narinder Singh & Ors Vs. State Of Punjab & Anr¹ , it is just and necessary to allow the compromise petition and parties are permitted to compound the offences punishable under Sections 498(A), 504, 506 read with Section 149 of IPC and Sections 3 and 4 of D.P.Act. Hence, this Court is of the opinion that the compromise arrived at between the parties is hereby accepted and criminal proceedings arising out of Crime No.48/2023 of Hubli-Dharwad City Women Police Station on the file of learned II Additional Civil Judge and JMFC-II, Dharwad, are required to be quashed. Hence, this Court proceeds to pass the following:

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1 (2014) 6 SCC 466

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NC: 2025:KHC-D:8337 CRL.P No. 100860 of 2025

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HC-KAR

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ORDER

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i. The criminal petition filed under Section 482 of Cr.P.C. is disposed of in view of above terms.

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ii. The proceedings initiated against the petitioners in C.C.No.1428/2023, pending on the file of the learned II Additional Civil Judge and JMFC-II at Dharwad arising out of Crime No.48/2023 of Hubli-Dharwad City Women Police Station for the offences punishable under Sections 498(A), 504 506 read with Section 149 of IPC and Sections 3 and 4 of D.P.Act, are quashed.

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iii. In view of the disposal of the criminal petition, pending applications, if any, do not survive for consideration and the same stand disposed off.

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Sd/(VENKATESH NAIK T) JUDGE

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AM/CT-AN

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List No.: 1 Sl No.: 82

Javed S/O. Allabaksh Nadaf v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Javed S/O. Allabaksh Nadaf v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

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