Muneer Ahammad Vs Nouseena

BOTH ARE RESIDING AT DOOR NO. 4-134 SAMANIGE, NEAR XAVIER EDUCATIONAL TRUST MANGALAGANGOTRI KONAJE, ASAIGAOLI POST, MANGALORE TALUK, D.K DISTRICT-574199.

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…RESPONDENTS

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(NIL)

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THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS IN CRL.MISC.NO.18/2021 PENDING ON THE FILE OF J.M.F.C VII COURT, MANGALORE REGISTERED UNDER SEC.12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT 2005.

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IN CRL.P NO. 2597/2023

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BETWEEN:

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NAZEEB RAHIMAN S/O UMMARABBA AGED ABOUT 33 YEARS OCC-SERVICE ADVISER

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UMARABBA S/O ABDUL KHADRI AGED ABOUT 62 YEARS

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HC-KAR

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OCC-AGRICULTURIST

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BOTH ARE R/A NO.1/80 MATADABETTU HOUSE NEAR KADAVINABALI SARAPADY MUTT BETTU SARAPADY POST AND VILLAGE BANTWAL TALUK DAKSHINA KANNADA DISTRICT-574211

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SMT NAUSEENA W/O MUNNER AHAMED D/O UMMARABBA AGED ABOUT 25 YEARS OCC-HOUSE WIFE R/A NO.4-134, R/AT SAMANIGE, HOSAMANE, KONAJE VILLAGE, ASSAIGOLI POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-574199

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...PETITIONERS

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(BY SRI. PRAVEEN KUMAR K S, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY KONAJE POLICE MANGALURU REPRESENTED BY STATE PUBLIC PROSECUTOR HIGH COURT BUILDING, BENGALURU-560001

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SRI MUNEER AHMED S/O T S ABDULLA AGED ABOUT 37 YEARS OCC-BUSINESS R/A SAMANEGE HOUSE

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HC-KAR

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MANJANADY VILLAGE, ASSAIGOLI POST, MANGALURU TALUK, DAKSHINA KANNADA DISTRICT-574199

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...RESPONDENTS

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(BY SMT.N.ANITHA GIRISH, HCGP FOR R1;

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SMT.HALEEMA AMEEN, ADVOCATE FOR R2)

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THIS CRL.P FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ORDER DATED 18.10.2022 PASSED BY THE HONOURABLE J.M.F.C (VII COURT), AT MANGALURU, D.K. IN C.C. NO.935/2022 THERE BY TAKING COGNIZANCE OF THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 504, 506 R/W 34 OF I.P.C AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS THEREON AND THE COMPLAINT IN CRIME NO.111/2021 IN AS FAR AS IT RELATES TO THE PRESENT PETITIONERS HEREIN WHO ARE ACCUSED NO.1 TO 3 RESPECTIVELY.

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IN CRL.P NO. 12264/2023

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BETWEEN:

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MUNEER AHAMMAD. S. A. S/O. T. S. ABDULLAH, AGED ABOUT 37 YEARS, DOOR NO. 4-134, SAMANIGE, KONAJE, MANGALAGANGOTRI, ASAIGOLI POST, MANGALORE TALUK, D.K. DISTRICT-574 199.

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...PETITIONER

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(BY SMT. HALEEMA AMEEN, ADVOCATE)

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AND:

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STATE OF KARNATAKA BY KONAJE POLICE STATION,

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HC-KAR

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REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001.

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2. NOUSEENA

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W/O. MUNEER AHAMMAD. S. A., AGED ABOUT 23 YEARS, SAMANIGE HOSAMANE, ASAIGOLI, MANJANADY VILLAGE, MANGALORE TALUK, D.K. DISTRICT-574 199.

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...RESPONDENTS

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(BY SMT.B.LAKSHMAN, HCGP FOR R1)

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THIS CRL.P IS FILED U/S.482 CR.P.C BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE CRIMINAL PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CC.2143/2023 PENDING ON THE FILE OF THE JMFC (III COURT) MANGALURU (CR.NO.64/2021 OF MAHILA POLICE STATION) REGISTERED FOR OFFENCE P/U/S.498-A,323,504,506 OF IPC.

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THESE PETITIONS, COMING ON FOR REPORTING SETTLEMENT, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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CORAM: HON'BLE MS. JUSTICE J.M.KHAZI

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ORAL ORDER

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These petitions are filed under Section 482 of Cr.P.C,

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to quash the criminal proceedings.

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NC: 2025:KHC:33780 CRL.P No. 12197 of 2023 C/W CRL.P No. 2597 of 2023 CRL.P No. 12264 of 2023

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HC-KAR

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C.C.No.2143/2022 wherein petitioner is arraigned as

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accused, based on the complaint filed by his wife i.e., respondent No.2 Nouseena.

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Crl.P.12197/2023 is arising out of

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Crl.Misc.No.18/2021, a petition filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 wherein respondent Nos.1 to 8 before the trial Court have sought quashing of the said proceedings initiated by the said Nouseena.

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On the other hand, Crl.P.2597/2023 is arising out of C.C.No.935/2022, wherein petitioner Nos.1 and 2 are the mother and father of petitioner No.3 Nouseena and complainant is her husband Muneer Ahammad S.A.

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The parties have entered into compromise and accordingly, a joint memo of compromise duly signed by Muneer Ahammad S.A and Nouseena is filed. It is supported by separate affidavits filed by them.

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HC-KAR

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The joint memo of compromise filed by the

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parties reads as under:

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"The Petitioner and 2^nd Respondent in Criminal Petitions 12264/2023 & 12197/2023, the petitioners 1 to 3 and Respondent No.2 in Criminal petition 2597/2023, jointly submit as follows:

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1. That Criminal Petition No. 12264/2023 is filed with a prayer to quash the entire criminal proceedings initiated against the petitioner in C.C.No.2143/2022 (Crime No.64/2021 Mangalore Women Police Station), pending on the file of JMFC III Court, Mangalore, registered for the offence punishable under sections 498(A), 323, 504, 506 of IPC. The 2nd respondent is the de facto complainant in the case,

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2.The Criminal Petition No. 12197/2023 is filed with a prayer to quash the entire proceedings initiated against the petitioners in Crl. Misc. No.18/2021, pending on the file of JMFC VII Court, Mangalore, registered under section 12 of Protection of Women from Domestic Violence Act 2005. The 1st Respondent is the wife and the 2nd Respondent is the son of the Petitioner in this case.

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3. The Criminal Petition No. 2597/2023 is filed with a prayer to quash the order dated 18-10-2022 passed in CC No. 935/2022 (Crime No. 111/2021 of Konaje Police Station), pending on the file of JMFC VII Court, Mangalore, registered for offence punishable under section 341, 323, 504, 506, r/w 34 of IPC. The 1st petitioner is the brother-n-law, 2nd Petitioner is the father-in-law, 3rd petitioner is the wife of 2nd Respondent in this case.

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4.That there is no any iota of material either oral or documentary, to show that there was any demand for dowry by the husband of 2nd Respondent

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*Retyped and Replaced vide Court Order dated: 25.09.2025

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HC-KAR

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Nouseena, either in cash or in kind, except the selfserving statement of the complainant.

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5. That there is no any worth believing material in the entire charge sheet that the allegations made by the complainant against the petitioner is even probable, let alone are beyond doubt.

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6. That there is no any ingredient of any of the provisions of law invoked by the police either of IPC, in respect of the petitioner, nor has the complainant produced any piece of paper to substantiate her allegation of harassment or demand of dowry.

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7. That the parents ог the brothers of the complainant/respondent have no any means or source of income to part with the amount of money or the jewelry to give to the petitioner as dowry.

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8. That the Petitioner himself was undergoing domestic violence at the hands of the complainant, in the objections filed by the petitioner in Crl. Misc. 18/2021-the case filed by complainant under DV Act.

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9. That during the pendency of the above case, the petitioner and the 2nd respondent have settled the dispute amicably between themselves, at the intervention of well-wishers.

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10. That the parties are filing joint memo for having settled the matter amicably, expressing their intentions of having decided to part with each other.

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11. That the petitioner in Crl Ptn. 12264/2023 a and Crl Ptn. 12197/2023 have been living separately for the last four years, and have mutually agreed for divorce under a Deed of Mutual Consent (Mubara'at) executed under section 2 of the Muslim Personal Law (Shariat), giving effect to their decision to separate from each other and to live separately as two

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HC-KAR

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different individuals. The couple have a male child aged about seven years, the mother is desirous of having the custody of him, with visitation rights father as put forth in the Deed of Mutual Consent (Mubara'at).

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12. That the Respondent No.2-the wife/Nouseena had filed a Petition under section 125 of CrPC seeking a maintenance of Rs. 25,000/- each for her and for the child, the court was pleased to grant a maintenance of Rs. 10,000/- each, Rs. 20,000/- in total, for both mother and the child. The husband/Muneer Ahamed has filed a revision petition assailing the said order in RPFC No.179/2023 before this Hon'ble Court, along with filing an IA for interim order. This Hon'ble Court was pleased to grant an interim order staying the said order, subject to paying Rs. 10,000/- per month, for both mother and child, which the father was complying with continuously.

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13. That, in view of their decision to separate from each other and to live separately, the complainant/Respondent No.2/Nouseena has expressed her wish to withdraw all the cases she filed against the petitioner/husband. Under the facts and circumstance, Complainant Nouseena shall have no objection to quash the proceedings in-

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(i) Criminal Misc. No.18/2021, pending on the file of JMFC VII Court, Mangalore, registered under DV Act, filed by Complainant/Nouseena against her husband and her in-laws,

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(ii) CC No. 2143/2022 (Crime No. 64/2021 of Mangalore Women Police Station), pending on the file of JMFC III Court, Mangalore, registered for the offence punishable under sections 498(A), 323, 504, 506 of IPC, expressing No Objection to allow the petitions in Criminal Petition Nos. 12264/2023 and 12197/2023.

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*Retyped and Replaced vide Court Order dated: 25.09.2025

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HC-KAR

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(iii) That the wife/Nouseena shall have no objection to allow the petition filed by the Husband/Muneer Ahamed in RPFC No. 179/2023 against the order of maintenance granted in favour of the wife/Nouseena in Crl. Misc No.33/2021.

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(iv) That the Husband/Muneer Ahamed shall have no objection to allow the Criminal Petition No. 2597/2023, filed by his wife/Nouseena, her brother and her father (Konaje Police Station-Crime No. 111/2021, CC No. 935/2022, pending on the file of JMFC VII Court, Mangalore) thereby quashing the entire proceedings in the case.

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14. It is submitted that since the offences alleged under sections 498(A), 323, 504, 506 of IPC are not compoundable in nature, complainant cannot withdraw the complaint before the trial Court under section 320 of CrPC. Under the circumstances the petitioner and the 2nd respondent have filed this joint memo with a prayer to allow the aforesaid petition and quash the entire proceedings pending against the petitioner.

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As a gesture of compensation, the Husband/Muneer Ahamed is handing over a Demand Draft bearing No.945027 drawn on SBI for Rs. Eight Lakhs to the departing wife/Nouseena towards permanent alimony and towards the expenses of the minor child. In addition, whatever jewelry she has carried with herboth hers and the ones gifted by the husband and his relatives shall be retained by her.

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Wherefore, it is prayed that this Hon'ble Court be pleased to allow the petitions in-

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(a) Criminal Petition No. 2597/2023, filed with a prayer to quash the entire proceedings in CC No. 935/2022 (Crime No. 111/2021 of Konaje Police Station), pending on the file of JMFC VII Court,

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*Retyped and Replaced vide Court Order dated: 25.09.2025

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HC-KAR

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Mangalore, registered for offence punishable under section 341, 323, 504, 506, r/w 34 of IPC.

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(b) Criminal Petition No. 12197/2023, filed with a prayer to quash the entire proceedings initiated against the petitioners in Crl.Misc.No.18/2021, pending on the file of JMFC VII Court, Mangalore, registered under section 12 of Protection of Women from Domestic Violence Act 2005.

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(c) Criminal Petition No. 12264/2023, filed with a prayer to quash the entire proceedings in CC No. 2143/2022 (Crime No. 64/2021 of Women Police Station, Mangalore), pending on the file of JMFC VII Court, Mangalore, registered for offence punishable under Section 498(A), 323, 504, 506 of IPC.

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(d) Allow the revision petition filed by the Husband/Muneer Ahamed in RPFC No.179/2023 against the order of maintenance granted in favour of the wife/Nouseena in Crl.Misc No.33/2021. (e) Recognize the desire and intention of both the husband/Muneer Ahamed and wife/Nouseena to separate from each other and to live separately ceasing to be husband and wife, in terms of the Deed of Divorce (Mubara'at) executed by them, in the interest of justice."

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7. Respondent/complainant - Nouseena admit the

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compromise and submits that she has no objection to allow the petitions and quash the proceedings initiated

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against petitioners - Muneer Ahammad S.A and others. Similarly, Muneer Ahammad S.A submitted that he has no

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*Retyped and Replaced vide Court Order dated: 25.09.2025

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HC-KAR

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objections to quash the criminal proceedings initiated

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against Nouseena and others.

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Smt.Nouseena reports receipt of Demand Draft No.945027 dated 25.08.2025 for Rs.8 lakhs.

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The terms and conditions of compromise petition are legal and equitable. The same is accepted and accordingly, following:

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ORDER

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(i) Crl.P.No.12197/2023 filed by petitioners

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herein/respondents in Crl.Misc.No.18/2021 on the file of JMFC-VII Court, Mangaluru, under Section 482 Cr.P.C is allowed.

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(ii) The entire criminal proceedings in Crl.Misc.No.18/2021 on the file of JMFC-VII Court, Mangaluru, for the offence punishable under Section 12 of the Protection of Women from Domestic Violence Act, 2005 is hereby quashed.

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HC-KAR

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(iii) Crl.P.No.12264/2023 filed by petitioner

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/accused-Muneer Ahammad S.A filed, under Section 482 Cr.P.C is allowed

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(iv) The entire criminal proceedings in C.C.No.2143/2022 on the file of JMFC (III Court), Mangaluru (arising out of Cr.No.64/2021 of Mangalore Women PS) for the offences punishable under Sections 498A, 504, 506 and 323 of IPC, is hereby quashed.

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(v) Crl.P.2597/2023 filed by petitioners/accused Nos. 1 to 3 under Section 482 Cr.P.C is allowed.

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(vi) The entire proceedings in C.C.No.935/2022 (arising out of Cr.No.111/2021 of Konaje P.S), on the file of VII JMFC Court, Mangaluru, for the offences punishable

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