Mohammad Ibrath S/O. Abdul Sayyed Shaikh Vs the State of Karnataka

S/O. ABDUL SAYYED SHAIKH, AGE: 38 YEARS, OCC: ENGINEER, AT PRESENT RESIDING AT QATAR PERMANENT R/O. HOUSE NO.2058 VANASHREE NAGAR POST, DANDELI, TQ: DANDELI, DIST: UTTAR KANNADA – 581 325.

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Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad

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ZAKIRA W/O. ABDUL SAYYAD SHAIKH, AGE: 59 YEARS, OCC: HOUSEWIFE, R/O: HOUSE NO.2058, VANASHREE NAGAR POST, DANDELI, TQ: DANDELI, DIST: UTTAR KANNADA – 581 325.

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ABDUL SAYYAD SHAIKH @ SHAIKH ABDUL SAYYAD ADAM S/O. ADAM,

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AGE: 70 YEARS, OCC: PENSIONER, R/O: HOUSE NO. 2058, VANASHREE NAGAR POST, DANDELI, TQ: DANDELI, DIST. UTTAR KANNADA – 581 325.

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…PETITIONERS

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(BY SRI. SRINIVAS B. NAIK, ADVOCATE)

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NC: 2025:KHC-D:6065 CRL.P No. 101560 of 2025

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AND:

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THE STATE OF KARNATAKA, THROUGH STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD, THROUGH HUBBALLI MAHILA POLICE STATION, HUBBALLI, DIST: DHARWAD – 580 011.

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RABIYA W/O. MOHAMMAD IBRATH SHAIKH, AGE: 30 YEARS, OCC: HOUSE WIFE, R/O: PLOT NO.198, OPP. GARDEN GOUSIYA TOWN, OLD HUBLI, HUBBALLI, DIST: DHARWAD – 580 020.

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…RESPONDENTS

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(BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SMT. SHRADDHA MOMAYA, SRI. NIKHIL PATIL AND SMT. POOJA BASAVARAJ KOTUR, ADVOCATES FOR R2 (VK FILED)

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THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C., (U/S. 528 OF BNSS, 2023) SEEKING TO QUASH THE PROCEEDINGS IN C.C.NO. 11425/2024 ON THE FILE OF III ADDITIONAL CIVIL JUDGE AND JMFC HUBBALLI, REGISTERED FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506 R/W 34 OF IPC AND SEC. 4 OF DOWRY PROHIBITION ACT 1961 IN CRIME NO. 66/2024 IN HD WOMEN P.S. IN THE ENDS OF JUSTICE.

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THIS CRIMINAL PETITION, COMING ON FOR ORDERS, THIS DAY ORDER WAS MADE THEREIN AS UNDER:

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NC: 2025:KHC-D:6065 CRL.P No. 101560 of 2025

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CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR

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ORAL ORDER

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This petition is filed by petitioners/accused Nos.1 to 3 under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.11425/2024 pending on the file of III Additional Civil Judge and JMFC, Hubballi, registered for

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the offences punishable under Sections 498-A, 323, 504, 506 r/w Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short) and Section 4 of Dowry Prohibition Act, 1961.

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2. On the complaint of respondent No.2, a case

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came to be registered against the petitioners in Crime No.66/2024 of Hubballi-Dharwad City Women P.S. for offences punishable under Sections 498-A, 323, 504, 506 r/w Section 34 of the IPC and Section 4 of Dowry Prohibition Act. The police after investigation filed a chargesheet against the petitioners for the aforesaid offences. Based on the said chargesheet, a case came to be registered against the petitioners in

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4 - NC: 2025:KHC-D:6065 CRL.P No. 101560 of 2025

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C.C.No.11425/2024 for the said offences and it is pending

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on the file of III Additional Civil Judge and JMFC, Hubballi. The proceedings of the said case are sought to be quashed.

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Learned counsels Sri.Nikhil Patil, Smt.Shraddha Momaya and Smt.Pooja Basavaraj Kotur have appeared for respondent No.2. Learned Additional Government Advocate accepts notice for respondent No.1.

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Petitioners No. 1 to 3 and respondent No.2 are present. The Memorandum of compounding petition under Section 320(2) Cr.P.C. r/w Section 482 of Cr.P.C is filed and it is signed by petitioners and respondent No.2 and

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their respective counsels. The said petition is enclosed with affidavit of petitioners and respondent No.2 and copies of their identity cards. The respondent No.2 who is present before this Court submits that the matter is settled between her and the petitioners and she has no objection for quashing the proceedings against the

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NC: 2025:KHC-D:6065 CRL.P No. 101560 of 2025

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petitioners in C.C.No.11425/2024 pending on the file of III Additional Civil Judge and JMFC, Hubballi.

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She further submits that there is no force or undue influence on her for entering into compromise. Considering the said compromise between the parties, the proceedings against the petitioners in C.C.No.11425/2024 pending on the file of III Additional Civil Judge and JMFC, Hubballi are quashed. Accordingly, petition is disposed off.

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Sd/(SHIVASHANKAR AMARANNAVAR) JUDGE

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RKM List No.: 1 Sl No.: 3

Mohammad Ibrath S/O. Abdul Sayyed Shaikh v. the State of Karnataka

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Mohammad Ibrath S/O. Abdul Sayyed Shaikh v. the State of Karnataka

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