Asharuddin. v. K. Vs the State of Karnataka

ASHARUDDIN. V. K. AGED ABOUT 35 YEARS, C/O RUKIYA, 16-4-223/26, S A S APARTMENT FLAT NO. 406 NEAR KANKANADY, MARKET ROAD, MANGALORE - 574 150 (AS PER AADHAR CARD)

¶10

RUKIYA P M

¶11

Digitally signed by SHARADAVANI B Location: High Court of Karnataka

¶12

AGED ABOUT 54 YEARS, C/O ABOOBACKER SIDDIQUE PM HOUSE, NEAR RAJEEV COLONY RAVANESHWARAM, CHITHARI KASARAGOD - 671 316 (AS PER AADHAR CARD) NOW RESIDING AT CREEK GALAXY APARTMENT, PUMPWELL MANGALORE - 574 150

¶13

…PETITIONERS

¶14

(BY SRI. MOHAMMED MONISH SOWKAR, ADVOCATE FOR P-1)

¶15

AND:

¶16

THE STATE OF KARNATAKA BY MANGALORE WOMEN POLICE STATION, REPRESENTED BY THE S.P.P, HIGH COURT BUILDING, BANGALORE - 560 001.

¶17

2 -

¶18

NC: 2025:KHC:38976 CRL.P No. 13640 of 2025

¶19

HC-KAR

¶20

MRS. ASHWITHA BANU AGED ABOUT 34 YEARS W/O. ASHARUDDIN V K FLAT NO.402, 4TH FLOOR CRESENT COURT APARTMENT KANKANADY, MANGALORE - 575 014

¶21

…RESPONDENTS

¶22

(BY SRI. M.R. PATIL, HCGP FOR R-1; SRI. MOHAMMED ARSHAD, ADVOCATE FOR R-2)

¶23

¶24

THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNNS) PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CRIME NO.57/2025 FOR THE OFFENCES P/U/S 85, 115(2), 352, 351(2) AND SECTION 4 OF THE MUSLIM WOMEN (PROTECTION OF RIGHTS ON MARRIAGE) ACT 2019 PERTAINING TO MANGALORE WOMEN POLICE STATION, PENDING IN THE FILE OF 3RD JMFC COURT, MANGALORE DAKSHIN KANNADA, ETC.

¶25

THIS CRL.P., COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

¶26

CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

¶27

ORAL ORDER

¶28

This petition is by the husband/accused No. 1 and mother-in-law against the second respondent/daughter-in-

¶29

law. Petitioners are seeking quashing of the proceedings

¶30

3 - NC: 2025:KHC:38976 CRL.P No. 13640 of 2025

¶31

HC-KAR

¶32

pending in Crime No.57/2025, for the offence punishable under Sections 85, 115(2), 352, 351(2) of BNS, 2023 and Section 4 of the Muslim Women (Protection of rights on Marriage) Act, 2019.

¶33

Today, a joint affidavit has been filed by the first petitioner/husband and the second respondent/wife. The second respondent/wife is personally present before this Court. On being queried, she has admitted that the matter between the parties has been amicably settled and that the marital discord which led to the registration of the crime has now been resolved with the intervention of elders and family members. In view of the settlement, she has requested this Court to quash the proceedings pending in the aforementioned Crime number.

¶34

On further enquiry, the second respondent/wife has stated that she was never assaulted by her husband and that she intends to withdraw all allegations made in the complaint, which had led to the registration of the

¶35

4 - NC: 2025:KHC:38976 CRL.P No. 13640 of 2025

¶36

HC-KAR

¶37

crime. Although the offence under Section 115(2) BNS, 2023 is ordinarily non-compoundable, having regard to the reconciliation of the husband and wife and their desire to live together harmoniously, this Court is of the view that it is in the interest of justice and the welfare of the parties to

¶38

quash the proceedings.

¶39

Accordingly, this Court passes the following:

¶40

ORDER

¶41

(i) The petition is allowed.

¶42

(ii) The proceedings pending in Crime No.57/2025, for offences punishable under Sections 85, 115(2), 352, 351(2) of BNS, 2023

¶43

and Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, now pending before the 3rd JMFC Court, Mangalore, Dakshina Kannada, are hereby quashed.

¶44

NC: 2025:KHC:38976 CRL.P No. 13640 of 2025

¶45