Mr Faisal Mukhtar Vs State of Karnataka

THIS CRL.P IS FILED U/S 528 OF BNSS, U/S.482 OF CR.P.C., PRAYING TO CALL FOR THE RECORDS IN CRIME NO. 113/2025 OF WOMEN P.S KALABURAGI PENDING ON THE FILE OF THE HONOURABLE COURT OF 1ST ADDL C.J(J.D) AND JMFC AT KALABURAGI, QUASH THE COMPLAINT/ FIR NO. 113/2025 OF WOMEN P.S KALABURAGI AND ALL FURTHER PROCEEDINGS IN CRIME NO. 113/2025 PENDING ON THE FILE OF THE HONURABLE 1ST ADDL CJ(J.D) AND JMFC AT KALABURAGI ALLEGING OFFENCES PUNISHABLE U/SEC 85, 75, 115(2), 351, 352 READ WITH SECTION 3(5) OF THE BHARATIYA NYAYA SANHITA 2023 AND SECTION 3 AND 4 OF DOWRY PROHIBITION ACT.

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

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CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM

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ORAL ORDER

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Today a joint affidavit is filed by the petitioner and second respondent/complainant.

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Counsel appearing for second respondent and second respondent have appeared virtually. Second respondent defacto/complainant is identified by the counsel appearing for second respondent.

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3 -

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NC: 2026:KHC-K:621 CRL.P No. 200020 of 2026

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HC-KAR

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3. On a query made by this Court, the second

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respondent unequivocally submits that her marriage with

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the petitioner has been amicably dissolved in accordance with the customs prevailing among Mohammedans. She further states that pursuant to the amicable settlement, all ornaments, articles, and claims arising out of the marital relationship have been mutually settled and exchanged. In that view of the matter, the second respondent categorically expresses that she has no objection for quashing the criminal proceedings, which are nothing but an offshoot of the marital discord between the parties.

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Having heard the second respondent in person,

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this Court has also carefully perused the joint affidavit filed by the petitioner and the second respondent, wherein the terms of settlement and dissolution of marriage are clearly affirmed.

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4 - NC: 2026:KHC-K:621 CRL.P No. 200020 of 2026

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HC-KAR

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In light of the dissolution of marriage in

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accordance with personal law and the unequivocal statement of the second respondent/complainant that she does not intend to prosecute the matter any further, this

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Court is of the considered view that continuation of the criminal proceedings would amount to an abuse of the process of law. This Court is therefore inclined to exercise the inherent jurisdiction conferred under Section 528 of the Bharatiya Nagarik Suraksha Sanhit, 2023, to secure the ends of justice. Accordingly, the joint affidavit is taken on record.

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For the foregoing reasons, this Court proceeds to pass the following:

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ORDER

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(i) The petition is allowed.

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(ii) The proceedings in Crime No.113/2025 of Women

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Police Station, Kalaburagi, pending on the file of the I

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NC: 2026:KHC-K:621 CRL.P No. 200020 of 2026

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HC-KAR

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Additional Civil Judge and JMFC, Kalaburagi, for the offences punishable under Sections 85, 75, 115(2), 351, 352, 3(5) of the Bharatiya Nyaya Sanhita, 2023, read with Sections 3 and 4 of the Dowry Prohibition Act, 1961, are hereby quashed.

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Sd/(SACHIN SHANKAR MAGADUM) JUDGE

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ALB List No.: 19 Sl No.: 4

Mr Faisal Mukhtar v. State of Karnataka

Case brief

What is this about?

What did the court decide?

Mr Faisal Mukhtar v. 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

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