Bushra Fatima Vs the State of Karnataka

MOHD. IQBAL AHMED S/O MD. DADAPEERAN, AGE: 65 YEARS, OCC: NIL, R/O. H.NO.7-1202/6/37/3/2, KBN COLLEGE ROAD, BILALABAD, KALABURAGI, DIST. KALABURAGI-585101.

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MOHAMMED SAMIULLAH S/O MOHD. IQBAL AHMED, AGE: 31 YEARS, OCC: ORTHOPEDIC DOCTOR (GIMS),

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HC-KAR

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R/O. H.NO.71202/6/37/3/2, KBN COLLEGE ROAD, BILALABAD, KALABURAGI, DIST. KALABURAGI-585101.

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…PETITIONERS

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(BY SRI GANESH NAIK, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, THROUGH KALABURAGI WOMEN POLICE STATION, DIST.KALABURAGI REPRESENTED BY

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ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585103.

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DR. MUNAZZAH FATIMA W/O DR. ABDULLAH, AGE: 30 YEARS, OCC: DOCTOR, R/O. 1^ST CROSS M.G. ROAD, GUBBI COLONY, KALABURAGI CITY, DIST. KALABURAGI-585101.

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…RESPONDENTS

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(BY SRI JAMADAR SHAHABUDDIN, HCGP, FOR R1; SRI NARESH V. KULKARNI, ADVOCATE, FOR R2)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS ON THE FILE OF THE COURT OF THE I ADDL. CIVIL JUDGE AND JMFC, KALABURAGI, IN C.C.NO.11691/2024, PURSUANT TO CRIME NO.131/2023 REGISTERED BY THE KALABURAGI CITY WOMEN POLICE STATION, FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 341, 506, 504, 323 R/W. SECTION 34 OF IPC AND UNDER SECTIONS 3 AND 4 OF THE D.P. ACT, 1961.

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HC-KAR

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

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CORAM: HON'BLE MR. JUSTICE V. SRISHANANDA

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ORAL ORDER

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(PER: HON'BLE MR. JUSTICE V. SRISHANANDA)

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Heard Sri Ganesh Naik, learned counsel, for the petitioners, Sri Jamadar Shahabuddin, learned High Court Government Pleader, for the first respondent-State and Sri Naresh V. Kulkarani, learned counsel, for the second respondent.

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This petition is filed under 482 of Cr.P.C., by the

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accused persons praying to quash the entire proceedings pursuant to filing in Crime No.131/2023, registered by the Kalaburagi City Women Police Station for the offences punishable under Sections 498A, 323, 341, 504, 506, 307 read with Section 34 of IPC and Sections 3 and 4 of D.P. Act.

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NC: 2025:KHC-K:3593 CRL.P No. 200208 of 2025

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HC-KAR

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Facts in brief, which are utmost necessary for

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disposal of the present petition, are as under:

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3.1 A complaint came to be lodged by the second respondent on 08.10.2023 with Kalaburagi Women Police Station, which was registered in Crime No.131/2023 for the aforesaid offences.

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3.2 Gist of the complaint averments would reveal

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that in respect of the differences between the parties, there were proceedings pending before the Family Court

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and as a part of those proceedings on 07.02.2023 petitioners herein along with husband of the second respondent picked up the quarrel and abused the second respondent in filthy language. The incident said to have occurred at about 5.30 p.m. near the Gate situated in the Northern side of the District Court Complex.

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3.3 There is specific allegation against each of the petitioners in physically and mental harassing the second respondent. It is also found from the complaint that on

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HC-KAR

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18.02.2023 at about 4.00 p.m., there is a quarrel and again on 16.07.2023 there was a quarrel on account of the son of the first petitioner (husband of the second respondent) having married for the second time.

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3.4 After receipt of the complaint, Police registered the case as aforesaid and have investigated the matter thoroughly and filed charge-sheet. Column No.17 of the charge-sheet clearly depicts the individual overt-acts of the present petitioners as well in the incident with necessary details as to the role played by each of the petitioners apart from the assault made by the accused No.1 who is the son of the first petitioner.

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3.5 In fact, what transpired on 07.10.2023 at about 5.30 p.m., is witnessed by the independent witnesses and their statements have also been recorded.

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3.6 Prima facie, the materials placed on record in the form of charge-sheet makes out the ingredients to attract the offences alleged in the charge-sheet.

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HC-KAR

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The Trial Magistrate has taken cognizance on

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receipt of the charge-sheet and registered the criminal case. Order taking cognizance and proceeding with the criminal case is challenged by the petitioners herein.

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Sri Ganesh Naik, learned counsel for the petitioners contended that a false complaint came to be lodged and there is a specific mention by the District Legal Services Authority to the effect that no such untoward incident has taken place. As such, continuation of the criminal case against the petitioners has resulted in abuse of process of law and sought for quashing the pending criminal proceedings.

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Per contra, learned High Court Government Pleader Sri Jamadar Shahabuddin for the first respondentState and Shi Naresh V. Kulkarani support the order of registering the criminal case and proceeding with the same.

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HC-KAR

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They further contend that the incident has

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occurred near the Northern Gate of District Court Building on 07.10.2023 at around 6.00 p.m., and therefore, without mentioning any particular persons’ name in the District Legal Services Authority and saying that no such untoward incident has taken place cannot be countenanced by this Court to quash the pending criminal case and sought for dismissal of the petition.

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Having heard the arguments on both sides, this Court perused the material on record meticulously.

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On such perusal, the material on record would depict that the matrimonial tie did not lost for the long between the son of the first petitioner and the second respondent. A child is no doubt born to them and the matrimonial proceedings are pending on account of the fact that the son of the first petitioner has married for the second time.

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HC-KAR

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With regard to the visitation rights and custody

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of the child, matter was being conciliated and therefore, parties had visited the District Court Complex and minor child born to the second respondent and her husband was also brought to the Court Complex.

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After completing the conciliation proceedings when the second respondent along with minor child were returning to house near the Northern Gate of the District Court Complex, all the petitioners intercepted the free moment of the second respondent and then picked up the quarrel.

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In the quarrel, all the petitioners along with husband of the second respondent abused the complainant in filthy language besides physically assaulting. Individual specific overt-acts attributable to the each of the petitioners are found in the complaint itself, which has been investigated by the Police after registering the case and recorded the statements of the eyewitnesses.

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HC-KAR

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Whether at all such an incident has occurred or

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not and in the incident whether all the petitioners have taken part or not cannot be decided by this Court by holding the mini trial in the petition filed under Section 482 of Cr.P.C. It is for the Trial Court to consider the same and pass appropriate orders, if an application seeking discharge is filed by the petitioners.

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