Allowed¶44

H.S.Zafrulla Khan v. State of Harihar Police

Karnataka HC24 Jun 2025CRL.P/9959/2023

Case brief

AI extract

What is this about?

Karnataka High Court, Bengaluru; J.M. Khazi J.; decided 24-06-2025; CRL.P No. 9959 of 2023 (filed under S.482 Cr.P.C / S.528 BNSS). Quashing of C.C.No.1569/2019 (I Addl. Civil Judge & JMFC, Harihar) for offences under Sections 498-A, 504, 323 r/w 34 IPC; allowed on the basis of a compromise recorded in Crl.Misc.237/2019 (IV Addl. Civil Judge & JMFC, Davanagere) whereby respondent No.2 undertook to withdraw the cases. Keywords: Section 482 CrPC quashing, settlement/compromise, matrimonial dispute, 498-A, de facto complainant consent, C.C.No.1569/2019, Harihar, Davanagere.

What did the court decide?

Petition allowed; entire criminal proceedings in C.C.No.1569/2019 against accused Nos.1 to 4 quashed; Registry directed to send a copy of the order to the trial Court through e-mail. ¶44

H.S.Zafrulla Khan Vs State of Harihar Police — Karnataka HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Petition allowed; entire criminal proceedings in C.C.No.1569/2019 against accused Nos.1 to 4 quashed; Registry directed to send a copy of the order to the trial Court through e-mail.

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Issue for consideration

Whether the criminal proceedings pending against petitioners (accused Nos.1 to 4) in C.C.No.1569/2019 for offences punishable under Sections 323, 498-A, 504 r/w 34 IPC should be quashed under Section 482 Cr.P.C, given the settlement between the parties.

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Court's answer

Since the parties have settled the dispute and respondent No.2 has undertaken to withdraw the criminal prosecution and other petitions pending against the petitioners, the petition deserves to be allowed and the criminal proceedings are required to be quashed.

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Ratio / Principle

The petition filed by accused Nos.1 to 4 under Section 482 of Cr.P.C is allowed.

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Key takeaways

The criminal proceedings against accused Nos.1 to 4 in C.C.No.1569/2019 on the file of I Addl.Civil Judge & JMFC, Harihar, for the offences punishable under Sections 323, 498-A, 504 r/w Section 34 of IPC are quashed.ratio¶44
The Registry was directed to send a copy of the order to the trial Court through e-mail.obiter¶45

Detailed headnote1 paragraphs

Quashing under Section 482 Cr.P.C. — matrimonial dispute — petitioners were arraigned as accused Nos.1 to 4 in C.C.No.1569/2019 on the file of I Addl. Civil Judge & JMFC, Harihar for offences punishable under Sections 498-A, 504, 323 r/w 34 IPC — parties entered into a settlement in Crl.Misc.237/2019 (IV Addl. Civil Judge & JMFC, Davanagere), and per paras 6 and 7 of the compromise petition respondent No.2 undertook to withdraw Crl.Misc.237/2019, Crl.Misc.98/2019 and C.C.No.1569/2019 — learned counsel for respondent No.2 conceded that the petition may be allowed — held, in view of the settlement and the undertaking to withdraw the criminal prosecution, the petition deserved to be allowed and the criminal proceedings in C.C.No.1569/2019 were quashed; Registry directed to send copy of the order to the trial Court through e-mail.

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NC: 2025:KHC:22087 CRL.P No. 9959 of 2023

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

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DATED THIS THE 24^TH DAY OF JUNE, 2025

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BEFORE

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THE HON'BLE MS JUSTICE J.M.KHAZI

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CRIMINAL PETITION NO. 9959 OF 2023 (482(Cr.PC) / 528(BNSS))

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BETWEEN:

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H.S.ZAFRULLA KHAN S/O SAMI ULLA KHAN, AGED ABOUT 36 YEARS

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SAMI ULLA KHAN

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S/O LATE DASTIGIR KHAN, AGED ABOUT 70 YEARS

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KHURRUTH UNNISA W/O SAMI ULLA KHAN, AGED ABOUT 65 YEARS

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Digitally signed by REKHA R Location: High Court of Karnataka

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TAZIN SUHA D/O SAMI ULLA KHAN, AGED ABOUT 36 YEARS

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PETITIONERS No.1 TO 4 ARE R/O 1^ST CROSS, SIDRAMAPPA EXTENTION, WARD 11, VTC HOLALKERE, HOLALKERE TOWN AND TALUK, CHITRADURGA-577526

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…PETITIONERS

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(BY SRI. IQBAL AHMED KHAN, ADVOCATE)

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2 - NC: 2025:KHC:22087 CRL.P No. 9959 of 2023

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HC-KAR

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AND:

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STATE BY HARIHAR POLICE REP BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-01.

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KHURATHUL AIN SHAIKH W/O SAFRULLA KHAN, AGED ABOUT 30 YEARS, 2ND MAIN, 2ND CROSS, B BLOCK, VIDYANAGAR, HARIHAR TOWN, DAVANAGERE DIST, STATE BY HARIHAR TOWN POLICE.

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…RESPONDENTS

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(BY SRI.VENKAT SATYANARAYAN.A, HCGP FOR R1; SRI. MOHAMMED UMMAR FAROOQ, ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC BY THE ADVOCATE FOR THE PETITIONER PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING ON IN C.C.NO.1569/2019 PENDING ON THE FILE OF I ADDL.CIVIL JUDGE DIVISION AND J.M.F.C AT HARIHAR FOR THE OFFENCE P/U/S 498(A),504,323 R/W 34 OF IPC BY ALLOWING THE PETITION.

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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 MS JUSTICE J.M.KHAZI

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ORAL ORDER

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In this petition filed under Section 482 of the Code of Criminal Procedure, petitioners are arraigned as accused Nos.1 to 4 have sought for quashing of criminal

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3 - NC: 2025:KHC:22087 CRL.P No. 9959 of 2023

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HC-KAR

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proceedings initiated against them in C.C.No.1569/2019

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on the file of I Addl.Civil Judge & JMFC, Harihar, for the offences punishable under Sections 323, 498-A, 504 r/w Section 34 of IPC.

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The parties have entered into a settlement in Crl.Misc.237/2019 on the file of IV Addl.Civil Judge and JMFC, Davanagere, the certified copy of which is produced before this Court. As per para Nos.6 and 7 of the said compromise petition, respondent No.2 has undertaken to withdraw Crl.Misc.237/2019, Crl.Misc.98/2019 and C.C.No.1569/2019. In the light of the same, learned counsel for respondent No.2 submit that petition may be allowed and the criminal proceedings against the petitioners may be quashed.

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Having regard to the fact that the parties have settled the dispute and respondent No.2 has undertaken to withdraw the criminal prosecution and other petitions pending against the petitioners, the petition deserves to be

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¶38

NC: 2025:KHC:22087 CRL.P No. 9959 of 2023

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HC-KAR

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allowed and criminal proceedings pending against them are

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required to be quashed and accordingly the following:

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ORDER

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(i) Petition filed by the accused Nos.1 to 4 under Section 482 of Cr.P.C is hereby allowed.

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(ii) The criminal proceedings initiated against accused Nos.1 to 4 in C.C.No.1569/2019 on the file of I Addl.Civil Judge & JMFC, Harihar, for the offences punishable under Sections 323, 498-A, 504 r/w Section 34 of IPC are hereby quashed.

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(iii) The Registry is directed to send a copy of this order to the trial Court through e-mail.

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Sd/(J.M.KHAZI) JUDGE

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RR List No.: 1 Sl No.: 15

H.S.Zafrulla Khan v. State of Harihar Police

Case brief

What is this about?

What did the court decide?

H.S.Zafrulla Khan v. State of Harihar Police

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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