Mr. Azeem Khalipha Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

Mr. Azeem Khalipha Vs the State of Karnataka — Karnataka HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

All three criminal petitions allowed; offences compounded in terms of the joint compounding application in (i) Crime No.109/2024 (Prl. Civil Judge Jr. Dn. & JMFC, Channagiri, Davangere), (ii) C.C.No.19/2025 arising out of Crime No.163/2024 (Prl. Civil Judge Sr. Dn. & CJM, Shimoga), and (iii) Crime No.121/2024 (37th Addl. Judge, Small Causes Court, Bangalore City); the petitioners are set free.

Issue for consideration

Whether the offences alleged against the petitioners are compoundable, i.e., whether they are heinous or punishable with death or imprisonment for life. +1 more

Court's answer

Since the offences alleged against the petitioners in all three petitions are not heinous and are not punishable with death or imprisonment for life, the application filed by the accused for compounding the offences deserves to be considered favourably.

Ratio / Principle

The Court found the settlement genuine: the complainant Respondent No.2 (Mr. Sharfudeen) and his daughter Mrs. Hifzia Noorain were present, admitted the terms of the joint application and affixed their signatures to the order sheet; the petitioners handed over a demand draft of Rs.6,31,000/- to Mrs. Hifzia Noorain, whose receipt she acknowledged.

Key takeaways

In view of the above, all three criminal petitions are allowed and, in terms of the application for compounding, the offences in (i) Crime No.109/2024 on the file of the Prl. Civil Judge (Jr. Dn.) and JMFC Court, Channagiri, Davangere; (ii) C.C.No.19/2025 arising out of Crime No.163/2024 on the file of the Prl. Civil Judge (Sr. Dn.) and CJM Court, Shimoga District, Shimoga; and (iii) Crime No.121/2024 on the file of the 37th Addl. Judge, Small Causes Court, City Court Complex, Bangalore City, are compounded and the petitioners are set free.ratio¶108

Detailed headnote1 paragraphs

High Court of Karnataka, Bengaluru (R. Nataraj J.; order dated 06-03-2026): Three connected petitions filed under S.482 CrPC / S.528 BNSS by members of the Khalipha family and the Nandagaon brothers sought quashing of (i) FIR Crime No.109/2025 (stated as Crime No.109/2024 in the joint application and operative order) of Channagiri P.S. for BNS Ss.115(2), 118(1), 189(1), 190, 191(1), 351(2), 352 and 74; (ii) C.C.No.19/2025 arising out of Crime No.163/2024 before the Prl. Senior Civil Judge and CJM, Shivamogga for BNS Ss.189(3), 191(2), 126(2), 115(2), 352, 351(2), 190; and (iii) FIR Crime No.121/2024 of South Women P.S., Bangalore for IPC Ss.498A, 323, 504, 506 and Ss.3 & 4 of the Dowry Prohibition Act, 1961. On mediation, the petitioners and Respondent No.2 jointly applied under S.359 BNSS r/w S.528 BNSS stating Respondent No.2 had no objection; a Demand Draft of Rs.6,31,000/- was handed over in full and final settlement and acknowledged in Court, and the parties (per the application) agreed to dissolve the marriage by Khulanama. Holding the offences 'not heinous' and not punishable with death or imprisonment for life, the Court held the compounding application deserving favourable consideration, allowed all three petitions, compounded the offences in the three cases and set the petitioners free. No precedent is cited or relied upon; the order rests wholly on the parties' verified settlement.

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HC-KAR

IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 6^TH DAY OF MARCH, 2026

BEFORE

THE HON'BLE MR. JUSTICE R. NATARAJ CRIMINAL PETITION NO. 5771 OF 2025 C/W CRIMINAL PETITION NO. 3895 OF 2025, CRIMINAL PETITION NO. 5590 OF 2025

IN CRL.P No. 5771/2025:

BETWEEN:

MR. AZEEM KHALIPHA @ AZEEM MOHAMMADHANIPH KHALIPHA AGED ABOUT 34 YEARS, S/O. MOHAMAD ANIPH SULTAN KHALIPHA

@ MOHAMAD HANIPH

MR. HANEEF KHALIPHA @ MAHAMADHANIPH SULTAN KHALIPHA AGED ABOUT 83 YEARS, S/O. SULTHAN KHALIPHA

Digitally signed by SUMA Location: HIGH COURT OF KARNATAKA

MRS. FIROZA KHALIPHA, @ FIROJA MAHAMADHANIPH KHALIPHA, AGED ABOUT 58 YEARS, W/O. MOHAMMED HANIPH KHALIPHA

SRI. SUHAIL @ SUHAIL MAHAMADHANIPH KHALIPHA, AGED ABOUT 27 YEARS, S/O. MOHAMAD ANIPH SULTAN KHALIPHA, @ MOHAMMED HANIPH KHALIPHA

PETITIONERS NOS.1-4 ARE RESIDING AT DOCTOR COLONY, BEHIND CITY HOSPITAL, GADHINGLAJ, KOLHAPUR, MAHARASHTRA - 416502.

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HC-KAR

MRS. ZARINA MAGI, AGED ABOUT 40 YEARS, W/O. AKHTAR HUSSAIN MAGI

RESIDING AT:

137/1, STATION ROAD, OPP. TO NEW GUMBAZ MASJID, SWAMI CHIDANAND LANE, VIJAYAPUR - 586104.

MR. MOHAMMED ARIF RASULSAHEB NANDAGAON, AGED ABOUT 46 YEARS, S/O. RASUL SAHEB NANDAGON

MR. MOHAMED IRFAN RASUL SAHEB NANDAGAON, AGED ABOUT 47 YEARS, S/O. RASUL SAHEB NANDAGON

PETITIONER NOS.6 AND 7 ARE RESIDING AT S.S. ROAD, ATHANI, BELAGAVI DISTRICT- 591304.

…PETITIONERS

(BY SRI. HITESH D. ADVOCATE FOR SRI. SIDDHARTH B MUCHANDI., ADVOCATE) AND:

THE STATE OF KARNATAKA BY CHANNAGIRI P.S., CHANNAGIRI CITY, REP. BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001.

MR. SHARFUDEEN, AGED ABOUT 62 YEARS, S/O. KHAJIM SHAMSHUDEEN, R/A. KHAJI MOHALLA CHANNAGIRI TOWN, CHANNAGIRI, DAVANGERE TALUK- 577213.

…RESPONDENTS

3 - NC: 2026:KHC:13733 CRL.P No. 5771 of 2025 C/W CRL.P No. 3895 of 2025 CRL.P No. 5590 of 2025

HC-KAR

(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. ROHAN S., ADVOCATE FOR R2)

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 115(2), 118(1), 189(1), 190, 191(1), 351(2), 352 AND 74 OF BNS, BEFORE PRL. CIVIL JUDGE (JR. DIVISION) AND JMFC COURT CHANNAGIRI, DAVANGERE IN CRIME NO.109/2025 AT CHANNAGIRI POLICE STATION.

IN CRL.P NO. 3895/2025

BETWEEN:

AZEEM MOHAMMAD HANIPH KHALIPHA AGED ABOUT 34 YEARS, S/O. MAHAMADH HANIPH

SUHAIL MOHAMMED HANIPH KHALIPHA AGED ABOUT 30 YEARS, S/O. MAHAMADH HANIPH

MAHAMMED HANIPH AGED ABOUT 62 YEARS, S/O. SULTAN KHALIPHA

PETITIONERS NOS. 1-3 ARE RESIDING AT DOCTOR COLONY, BEHIND CITY HOSPITAL, GADHINGLAJ, KOLHAPUR, MAHARASHTRA - 416502.

MOHAMMED IRFAN AGED ABOUT 46 YEARS, S/O RASUL SAHEB NANDAGAON,

MR. MOHAMMED AREEF, AGED ABOUT 45 YEARS, S/O. RASUL SAHEB NANDAGAON

PETITIONER NOS. 4 AND 5 ARE RESIDING AT NANDASAMILL, S.S. ROAD, ATHANI, BELAGAVI DISTRICT - 591304.

...PETITIONERS

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HC-KAR

(BY SRI. HITESH D., ADVOCATE FOR SRI. SIDDHARTH B. MUCHANDI., ADVOCATE)

AND:

THE STATE OF KARNATAKA BY KOTE P.S., SHIVAMOGGA, REP. BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001.

MR. SHARFUDDIEN @ ANEES, AGED ABOUT 62 YEARS, S/O. KHAZA MAHAMMED, R/A. KHAJI MOHALLA, CHANNAGIRI TOWN, SHIVAMOGGA - 577213.

...RESPONDENTS

(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. ROHAN S., ADVOCATE FOR R2)

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.19/2025 ON THE FILE OF THE LEARNED PRL. SENIOR CIVIL JUDGE AND CJM, SHIVAMOGGA FOR THE ALLEGED OFFENCE P/U/S 189(3), 191(2), 126(2), 115(2), 352, 351(2), 190 OF BNS.

IN CRL.P NO. 5590/2025:

BETWEEN:

1 MR. AZEEM MOHAMMADHANIPH KHALIPHA, @ AZEEM KHALIPHA AGED ABOUT 34 YEARS, S/O. MOHAMAD ANIPH SULTAN KHALIPHA

@ MAHAMAD HANIPH @ HANIPH KHALIPHA

MRS. FEROZA KHALIPHA @ FEROZA MAHAMADHANIPH KHALIPHA, AGED ABOUT 58 YEARS, W/O. MOHAMMED HANIPH KHALIPHA @ HANIPH KHALIPHA

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HC-KAR

MR. MOHAMADHANIPH SULTAN KHALIPHA @ HANIPH KHALIPHA AGED ABOUT 83 YEARS @ MOHAMMAD KHALIPHA S/O. SULTAN KHALIPHA

SRI. SUHAIL MAHAMADHANIPH KHALIPHA, AGED ABOUT 27 YEARS, S/O. MOHAMAD HANIPH SULTAN KHALIPHA @ MOHAMAD HANIPH @ HANIPH KHALIPHA

PETITIONERS NOS. 1-4 ARE RESIDING AT DOCTOR COLONY, BEHIND CITY HOSPITAL, GADHINGLAJ, KOLHAPUR, MAHARASHTRA- 416502.

...PETITIONERS

(BY SRI. HITESH D., ADVOCATE FOR SRI. SIDDHARTH B. MUCHANDI, ADVOCATE)

AND:

THE STATE OF KARNATAKA BY THE SOUTH WOMEN P.S BANGALORE CITY, REP. BY SPP, HIGH COURT OF KARNATAKA, HIGH COURT BUILDING, AMBEDKAR VEEDHI, BANGALORE-560001.

MRS. HIFZIA NOORAIN BIN SHARFUDIN, AGED ABOUT 26 YEARS, W/O. MR. MOHHAMAD HANIPH AZEEM KHALIPHA, @ HANIPH KHALIPHA R/AT NO. 48/20, METRO ROYALE APARTMENT 4^TH FLOOR, SOUTH END CIRCLE, BANGALORE- 560 004.

...RESPONDENTS

(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. ROHAN S., ADVOCATE FOR R2)

THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)

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HC-KAR

PRAYING TO QUASH THE FIR FOR THE ALLEGED OFFENCES P/U/S 498A, 323, 504, 506 OF IPC AND SECTIONS 3 AND 4 OF DOWRY PROHIBITION ACT, 1961 IN CRIME NO.121/2024 BY SOUTH WOMEN POLICE BANGALORE BEFORE XXXVII ADDL.JUDGE, SMALL CAUSES COURT, CITY COURT COMPLEX, BANGALORE CITY.

THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

ORAL ORDER

Criminal Petition No.5771/2025 is filed praying to quash the FIR in Cr.No.109/2025 by respondent No.1/State for the offences punishable under Sections 115(2), 118(1), 189(1), 190, 191(1), 351(2), 352 and 74 of Bharatiya Nyaya Sanhita (henceforth referred to as 'BNS, 2023' for short).

Criminal Petition No.3895/2025 is filed praying to quash C.C.NO.19/2025 in Cr.No.163/2024 pending on the file of the learned Principal Senior Civil Judge and CJM, Shivamogga for the offences punishable under Sections 189(3), 191(2), 126(2), 115(2), 352, 351(2), 190 of BNS, 2023.

Criminal Petition No.5590/2025 is filed praying to quash the FIR in Crime No.121/2024 registered by respondent

7 -

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HC-KAR

No.1 for the offences punishable under Sections 498A, 323, 504, 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 pending before XXXVII Addl.Judge, Small Causes Court, City Court Complex, Bangalore City.

When these petitions are listed today for admission,

the parties have filed an application under Section 359 of Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023, which reads as follows:

"The petitioners and respondent No.2 humbly submit as follows:

1. The Petitioners have filed the above Criminal Petitions seeking to quash the FIR(s) and to close further proceedings in the connected matters, as detailed below:

a) In Crl.P.No.5771/2025 arising out of Crime No.109/2024, registered for the offences punishable under Sections 115(2), 118(1), 189(1), 190, 191(1), 351(2), 352 and 74 of BNS read on the basis of a complaint lodged by Respondent no.2 before the Respondent No.1 Police Station.

b) In Crl.P.No.5590/2025 arising out of Crime No.121/2024, registered for the offences

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HC-KAR

punishable under Sections 498A, 323, 504, 506 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, on the basis of a complaint lodged by Respondent No.2 before the Respondent No.1 Police Station.

c) In Crl.P.No.3895/2025 arising out of C.C.No.19/2025, registered for the offences punishable under Sections 189(3), 191(2), 126(2), 115(2), 352(2), 190 of BNS on the basis of a complaint lodged by Respondent No.2 before the Respondent No.1 Police Station.

2. Upon the intervention of the mediator, the parties have amicably resolved their disputes. In view of the settlement arrived at between them, Respondent No.2 has no objection to the present petition and the abovementioned connected matters being allowed, and to the quashing of the FIR(s) as well as the closure of further proceedings against the petitioners in both connected matters herein.

3. It is submitted that Respondent No.2, have received today a Demand Draft bearing number "011640" of Axis Bank dated 27.02.2026 for a sum of Rs.6,31,000/(Rupees Six Lakh Thirty-One Thousand Only) from Petitioner No.1 towards full and final settlement of all claims in this matter and the connected matters and also exchanged the articles, jewels before the mediation.

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HC-KAR

4. The petitioners and the respondent No.2 state that the aforesaid settlement between them is full and final and that neither the respondent No.2 nor the petitioner will have any claims, including monetary claims, against each other. The petitioners and the respondent No.2 state that this joint compromise application for settlement is filed out of their free will and consent.

5. The Petitioners and Respondent No.2 in Crl.P.No.5590/2025 further submit that they have mutually agreed to dissolve their marriage in O.S.No.80/2025 pending before the Hon'ble Senior Civil Judge and JMFC, Channagiri, and in pursuance thereof, they shall execute a Khulanama in accordance with Mohammadan law. This understanding forms part of the overall settlement, and both parties affirm that the same is entered into with free will and consent, without any force, coercion, or undue influence.

6. In view of the settlement arrived between the parties, before mediation the parties hereby submit that this petition along with both the connected matters may kindly be allowed and the criminal proceedings be quashed.

WHEREFORE, it is prayed that this Hon'ble Court may kindly be pleased to allow this application and quash the FIR(s) and entire proceedings in this petition along with connected matters, to meet the ends of justice."

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HC-KAR

In view of the fact that the offences alleged against the petitioners in all these petitions are not heinous and are not punishable with death or imprisonment for life, hence, the application filed by the accused for compounding the offences deserves to be considered favourably.

complainant/respondent No.2 - Mr. Sharfudeen are present along with his daughter - Mrs.Hifzia Noorain. They admit the terms of the application and in token of their acceptance of the terms of the application, they have affixed their signatures to the order sheet of this Court. As stated in the application, the petitioners have handed over a demand draft for a sum of Rs.6,31,000/- to Mrs.Hifzia Noorain and the receipt of the same is acknowledged by her.

In view of the above, these petitions are allowed and in terms of application for compounding the offences alleged against the petitioners; (i) in Crime No.109/2024 on the file of Prl.Civil Judge (Jr.Dn.) and JMFC Court, Channagiri, Davangere; (ii) in C.C.No.19/2025 arising out of Crime No.163/2024 on the file of Prl.Civil Judge (Sr.Dn) and CJM

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HC-KAR

Court, Shimoga District, Shimoga and (iii) in Crime No.121/2024 on the file of 37^th Addl. Judge, Small Causes Court, City Court Complex, Bangalore City, are compounded and the petitioners are set free.

Sd/(R. NATARAJ)

JUDGE

HJ

List No.: 3 Sl No.: 1

Procedural history

How this case reached the court

AI extract

Order under challenge
Three records under challenge: (i) FIR in Crime No.109/2025 of Channagiri P.S. for BNS offences (Crl.P.No.5771/2025; referred to as Crime No.109/2024 in the joint application and in the operative order); (ii) C.C.No.19/2025 arising out of Crime No.163/2024 pending before Prl. Senior Civil Judge and CJM, Shivamogga (Crl.P.No.3895/2025); (iii) FIR in Crime No.121/2024 of South Women P.S., Bangalore pending before XXXVII Addl. Judge, Small Causes Court, Bangalore City (Crl.P.No.5590/2025).¶76
Prl. Civil Judge (Jr. Division) and JMFC Court, Channagiri, Davangere; Prl. Senior Civil Judge and CJM, Shivamogga; XXXVII Addl. Judge, Small Causes Court, City Court Complex, Bangalore City
Prior proceeding
On a complaint lodged by Respondent No.2, FIR Crime No.109/2024 (stated as Crime No.109/2025 in the cause title) was registered at Channagiri Police Station for BNS offences, targeted by Crl.P.No.5771/2025.¶87
Prior proceeding
C.C.No.19/2025 arising out of Cr.No.163/2024 pending on the file of the Principal Senior Civil Judge and CJM, Shivamogga; proceedings challenged in Crl.P.No.3895/2025.¶77
Prior proceeding
FIR Crime No.121/2024 registered by South Women Police, Bangalore for IPC 498A, 323, 504, 506 and Dowry Prohibition Act Sections 3 and 4, pending before XXXVII Addl. Judge, Small Causes Court, Bangalore; challenged in Crl.P.No.5590/2025.¶82
Prior proceeding
Upon intervention of a mediator, petitioners and Respondent No.2 jointly filed an application under Section 359 BNSS read with Section 528 BNSS stating Respondent No.2 had no objection to the petitions being allowed and the FIRs/proceedings quashed.¶84
Prior proceeding
As part of the full and final settlement, Respondent No.2 acknowledged receipt of Demand Draft No. 011640 of Axis Bank dated 27.02.2026 for Rs.6,31,000 handed over by Petitioner No.1, and articles/jewels were exchanged during mediation.¶94
Prior proceeding
Per the joint application, the petitioner No.1 and Respondent No.2 of Crl.P.No.5590/2025 agreed to dissolve their marriage pending in O.S.No.80/2025 before Senior Civil Judge and JMFC, Channagiri, and to execute a Khulanama in accordance with Mohammadan law.¶98