Shri. Sarfraznawaz S/O Dadapeer Yakkundi v. the State of Karnataka

Karnataka HC13 Jan 2026CRL.P/104533/2025

Case brief

AI extract

What is this about?

Quashing of criminal case on joint compounding/settlement application under S.359(2) r/w S.528 BNSS 2023; dowry/matrimonial dispute; offences under S.85, S.115(2) r/w S.3(5) BNS 2023 and Ss.3 & 4 Dowry Prohibition Act 1961; voluntary compromise verified on enquiry (no force, undue influence or coercion); Ramgopal v. State of Madhya Pradesh (2021 SCC OnLine SC 834) followed; Crime No.46/2025, Women Police Station Hubballi-Dharwad; II Civil Judge & JMFC Dharwad; High Court of Karnataka, Dharwad Bench; single Judge V. Srishananda; decided 13.01.2026.

What did the court decide?

Petition allowed in terms of the joint application under Section 359(2) r/w Section 528 BNSS; pending criminal case in Crime No.46/2025 of Women Police Station, Hubballi-Dharwad quashed. ¶39-40

Shri. Sarfraznawaz S/O Dadapeer Yakkundi Vs the State of… — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

Petition allowed in terms of the joint application under Section 359(2) r/w Section 528 BNSS; pending criminal case in Crime No.46/2025 of Women Police Station, Hubballi-Dharwad quashed.

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Issue for consideration

Whether the criminal case in Crime No.46/2025 of Women Police Hubballi-Dharwad P.S. (offences under Sections 85, 115(2) r/w 3(5) BNS 2023 and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the II Civil Judge and JMFC, Dharwad) should be quashed against Petitioner Nos.1 to 4. +1 more

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Court's answer

The petition is allowed in terms of the joint application; consequently, the pending criminal case in Crime No.46/2025 of Women Police Station, Hubballi-Dharwad is quashed.

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Ratio / Principle

Since the parties settled the dispute out of their own volition, without force, undue influence or coercion, and filed a duly signed joint application under Section 359(2) read with Section 528 BNSS, there was no impediment for the Court to allow the application and quash the pending criminal proceedings, following the dictum of the Supreme Court in Ramgopal v. State of Madhya Pradesh.

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Detailed headnote1 paragraphs

Criminal Petition No. 104533 of 2025 (under Section 528 BNSS 2023; analogous to Section 482 Cr.P.C.) — Petitioners Nos.1 to 4 (husband and three family members) sought quashing of the case in Crime No.46/2025 dated 02.08.2025 of Women Police Station, Hubballi-Dharwad, for offences punishable under Sections 85, 115(2) r/w 3(5) of the Bharatiya Nagarik Suraksha Sanhita, 2023, and Sections 3 and 4 of the Dowry Prohibition Act, 1961, pending before the II Civil Judge and JMFC, Dharwad. All parties appeared and filed a joint application under Section 359(2) read with Section 528 BNSS, duly signed by the parties and their counsel; on enquiry they stated the compromise was reached without force, undue influence or coercion and on their own volition. Holding there was no impediment, and following the dictum of the Supreme Court in Ramgopal v. State of Madhya Pradesh (2021 SCC OnLine SC 834), the Court allowed the petition and quashed the pending criminal proceedings. (V. Srishananda, J.; 13.01.2026)

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NC: 2026:KHC-D:371 CRL.P No. 104533 of 2025

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HC-KAR

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IN THE HIGH COURT OF KARNATAKA,AT DHARWAD DATED THIS THE 13^TH DAY OF JANUARY, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE V.SRISHANANDA

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CRIMINAL PETITION NO. 104533 OF 2025 (482(CR.PC)/528(BNSS))

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BETWEEN:

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SHRI. SARFRAZNAWAZ S/O DADAPEER YAKKUNDI AGE. 40 YEARS, OCC. NURSE, R/O H.NO. 2, 2^ND FLOOR,

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MENTAL HOSPITAL QUARTERS DHARWAD-580001.

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SMT. SHAINAZ DADAPEER YAKKUNDI AGE. 55 YEARS, OCC. HOUSEWIFE, R/O BACK SIDE MOULALI KATTE, DHARWAD-580001.

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DADAPEER YAKKUNDI AGE. 63 YEARS, OCC. VETERINARY DOCTOR, R/O BACK SIDE MOULALI KATTE, DHARWAD-580001.

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MANJURILAYI DADAPEER YAKKUNDI AGE. 38 YEARS, OCC. PRIVATE WORK, R/O BACK SIDE MOULALI KATTE, DHARWAD-580001.

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&PETITIONERS

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Digitally signed byCHANDRASHEKAR LAXMAN KATTIMANI Location: High Court of Karnataka,Dharwad Bench

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(BY SRI. VISHWANATH L. HEGDE, ADVOCATE)

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AND:

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THE STATE OF KARNATAKA, R/BY WOMEN P.S., HUBBALLI, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNTAKA AT DHARWAD, DHARWAD 580001.

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SMT. SHAHEEN W/O SARFRAZNAVAZ YAKKUNDI AGE. 28 YEARS, OCC. HOUSEWIFE, R/O. H.NO.2, 2^ND FLOOR, MENTAL HOSPITAL QUARTERS, DHARWAD-580001.

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&RESPONDENTS

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NC: 2026:KHC-D:371 CRL.P No. 104533 of 2025

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HC-KAR

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(BY SRI. MANJUNATH S. BARADOOR, ADVOCATE)

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THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS 2023, PRAYING TO QUASH THE CASE AGAINST THE PETITIONER NO.1 TO 4 IN THE WOMEN POLICE HUBBALLI-DHARWAD P.S. CRIME NO.46/2025 DATED 02.08.2025 FOR THE OFFENCES PUNISHABLE U/S 85, 115(2) R/W 3(5) OF BHARATIYA NAGARIK SURAKSHA SANHITA 2023 AND THE U/S 3 AND 4 OF DOWRY PROHIBITION ACT, 1961, BEFORE THE II CIVIL JUDGE AND JMFC DHARWAD, PRODUCED AT ANNEXURE-A OF THE BHARATIYA NAGARIK SURAKSHA SANHITA 2023 IN THE INTEREST OF JUSTICE.

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

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ORAL ORDER

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

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1. Parties are present before this Court and filed a

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joint application under Section 359(2) read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. The joint application is duly signed by the parties and their respective counsel.

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2. On enquiry, they submit that there is no force,

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undue influence or coercion in reaching out the terms of the compromise and it is on their volition they have settled the dispute.

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NC: 2026:KHC-D:371 CRL.P No. 104533 of 2025

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HC-KAR

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As such, there is no impediment for this Court to allow the application and quash the pending criminal proceedings following the dictum of the Hon9ble Apex Court in the case of Ramgopal Vs. State of Madhya Pradesh¹ .

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