Disposed¶38

Mrs. Maimoona Syed Ali v. the State of Karnataka

Karnataka HC13 Feb 2025CRL.P/5391/2024

Case brief

AI extract

What is this about?

Quashing petition S.482 CrPC / S.528 BNSS; Crime No.25/2024, Mangaluru Women Police Station; offences under Sections 498-A, 323, 354, 504, 506 IPC and Sections 3 and 4 Dowry Prohibition Act; III JMFC Mangaluru; charge sheet filed during pendency; petition disposed as infructuous; liberty reserved to file fresh petition; Karnataka High Court, single judge (S.R. Krishna Kumar), 13-02-2025.

What did the court decide?

No substantive relief; petition disposed of as having become infructuous, with liberty reserved to the petitioners to take recourse to available remedies in law, including a fresh petition before this Court, if so advised. ¶38

Mrs. Maimoona Syed Ali Vs the State of Karnataka — Dowry and Cruelty | Karnataka HC (2025)

What the court decided

AI extract

Outcome

¶38

Issue for consideration

Whether the entire proceedings in Crime No.25/2024 of Mangaluru Women Police Station (offences punishable under Sections 498-A, 323, 354, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act), pending before the III JMFC at Mangaluru, should be quashed under Section 482 Cr.P.C.

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Ratio / Principle

During pendency of the petition, respondent No.1 filed the charge sheet, with the result that the petition stood rendered infructuous; the court placed this submission on record.

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Key takeaways

The petition is disposed of as having become infructuous, with liberty reserved to the petitioners to take recourse to such remedies as are available in law, including approaching the Court by way of one more petition, if so advised.ratio¶38

Detailed headnote1 paragraphs

Criminal petition under Section 482 Cr.P.C. (also registered under Section 528 BNSS) by three petitioners — Mrs. Maimoona Syed Ali, Ms. Zainab Sayed Ali and Mr. Kammaradi Hasanabba Mohammed Hussain — seeking quashing of the entire proceedings in Crime No.25/2024 of Mangaluru Women Police Station, for offences punishable under Sections 498-A, 323, 354, 504, 506 IPC and Sections 3 and 4 of the Dowry Prohibition Act, pending before the III JMFC at Mangaluru. During pendency of the petition, respondent No.1 (State) filed the charge sheet; the learned Additional SPP submitted that the petition had been rendered infructuous. Placing the submission on record, the High Court (S.R. Krishna Kumar, J.) disposed of the petition as having become infructuous, reserving liberty to the petitioners to take recourse to such remedies as available in law, including approaching the Court by way of one more petition, if so advised. Decided 13 February 2025.

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NC: 2025:KHC:6750 CRL.P No. 5391 of 2024

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 13^TH DAY OF FEBRUARY, 2025

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BEFORE

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THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.5391 OF 2024 (482(Cr.PC) / 528(BNSS)

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BETWEEN:

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MRS. MAIMOONA SYED ALI, AGED ABOUT 64 YEARS, W/O LATE SAYED ALI, RESIDING AT D/NO.6-3C, S MOHAMMED MANZIL,

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6^TH BLOCK, RAMDEV COMPLEX,

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KRISHNAPURA, MANGALORE TALUK, D K DISTRICT.

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ZAINAB SAYED ALI AGED ABOUT 36 YEARS, D/O LATE SAYED ALI,

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RESIDING AT D/NO.6-3C, S MOHAMMED MANZIL,

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6^TH BLOCK, RAMDEV COMPLEX, KRISHNAPURA, MANGALORE TALUK, D K DISTRICT.

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Digitally signed by LEELAVATHI S R Location: High Court of Karnataka

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MR. KAMMARADI HASANABBA MOHAMMED HUSSAIN, AGED ABOUT 60 YEARS, S/O HASANABBA, RESIDING AT KAMMARADI, KESALUR OF SHIMOGA DISTRICT

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…PETITIONERS

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(BY SRI. IMTIAZ B., ADVOCATE)

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AND:

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THE STATE OF KARNATAKA BY MANGALURU WOMEN P.S., REPRESENTED BY THE SPP, HIGH COURT BUILDING, BENGALURU-560001

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NC: 2025:KHC:6750 CRL.P No. 5391 of 2024

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FATHIMA ZOHARA

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AGED ABOUT 27 YEARS, D/O LATE ABDUL KHADER, RESIDING AT NEW HOUSE, HOSAMANE, KOYIKODE POST, HALEYANGADI, MANGALORE.

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…RESPONDENTS

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(BY SMT. RASHMI JADHAV, ADDL. SPP FOR R1)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 CR.P.C PRAYING TO ALLOW THE CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CR.NO.25/2024 FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498-A, 323, 354, 504, 506 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT PERTAINING TO MANGALURU WOMEN POLICE STATION, PENDING ON THE FILE OF THE HON’BLE COURT OF III JMFC AT MANGALURU.

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

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CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR

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ORAL ORDER

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In this petition, petitioners seek the following reliefs:

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“a) Allow the criminal petition and quash the entire proceedings in Crime No.25/2024 for the offence punishable under Sections 498(A), 323, 354, 504, 506 Indian Penal Code, 1860 and Sections 3 and 4 of the Dowry Prohibition Act, pertaining to Mangalore Women Police Station, pending on the file of Hon’ble Court of III JMFC at Mangalore, in the interest of justice.

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b) Grant such other reliefs as this Hon’ble Court may deem fit in the facts and circumstances of the case, in the interest of justice and equity.”

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NC: 2025:KHC:6750 CRL.P No. 5391 of 2024

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2. Learned Addl. SPP for respondent No.1 submits that

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during pendency of the present petition, respondent No.1 has already filed charge sheet and that the present petition has been rendered infructuous.

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The said submission is placed on record.

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Accordingly, petition is disposed of as having become

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infructuous. Liberty is reserved in favour of the petitioners to take recourse to such remedies as available in law including approaching this Court by way of one more petition, if so advised.

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Sd/(S.R.KRISHNA KUMAR) JUDGE

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List No.: 1 Sl No.: 101

Mrs. Maimoona Syed Ali v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Mrs. Maimoona Syed Ali v. the State of Karnataka

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

Parties & counsel

Coram

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