Disposed¶63

Jishan Hussain v. the State by Womens Police Station

Karnataka HC16 Jun 2026CRL.P/7056/2026

Case brief

AI extract

What is this about?

Quashing of FIR/charge sheet on family settlement via joint affidavit; BNS 2023 Sections 85, 115(2), 352, 351(2); Section 482 Cr.P.C. / Section 528 BNSS; Mangalore Women's Police Station Crime No.56/2025; C.C.No.4384/2025 III JMFC Mangaluru; offences not against the State; proceedings terminated qua petitioners; Criminal Petition disposed; Karnataka High Court, M. Nagaprasanna, 16-06-2026.

What did the court decide?

Quashing/termination of proceedings in C.C.No.4384/2025 (arising out of Crime No.56/2025) qua the petitioners, upon acceptance of the parties' joint affidavit recording settlement; Criminal Petition disposed of accordingly. ¶63

Jishan Hussain Vs the State by Womens Police Station — Dowry and Cruelty | Karnataka HC (2026)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings in C.C.No.4384/2025 (arising out of Crime No.56/2025) against the petitioners for offences under Sections 85, 115(2), 352, 351(2) of BNS 2023 should be quashed in view of the settlement between the parties recorded in a joint affidavit.

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Court's answer

Since the parties had settled the dispute and filed an application under Section 482 of Cr.P.C. with a joint affidavit, and the offences were not against the State, the Judge deemed it appropriate to accept the joint affidavit and terminate the proceedings against the petitioners.

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Ratio / Principle

The Criminal Petition was disposed of and the proceedings in C.C.No.4384/2025 (arising out of Crime No.56/2025) pending before the III J.M.F.C, Mangaluru, stand quashed qua the petitioners.

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Detailed headnote1 paragraphs

Criminal Petition No. 7056 of 2026, filed under Section 482 Cr.P.C. (also citing Section 528 BNSS), sought quashing of the FIR and charge sheet in Crime No.56/2025 registered by Mangalore Women's Police Station, numbered C.C.No.4384/2025 and pending before the III J.M.F.C, Mangaluru, for offences punishable under Sections 85, 115(2), 352 and 351(2) of the Bharatiya Nyaya Sanhita, 2023, arising from a complaint dated 29.07.2025 by respondent No.2 (the wife) against her husband and his family members. During pendency, the parties settled the dispute and filed a joint affidavit stating the complaint was made on the spur of the moment, that differences were settled, and that consent to quash was given without coercion; the parties were personally present and identified by their counsels. Holding that the offences were not against the State, Justice M. Nagaprasanna accepted the joint affidavit, terminated the proceedings against the petitioners, disposed of the Criminal Petition, and quashed C.C.No.4384/2025 qua the petitioners.

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NC: 2026:KHC:29335 CRL.P No. 7056 of 2026

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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 16^TH DAY OF JUNE, 2026

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BEFORE

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THE HON'BLE MR. JUSTICE M.NAGAPRASANNA

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CRIMINAL PETITION NO. 7056 OF 2026

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BETWEEN:

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JISHAN HUSSAIN, S/O SHABEER HUSSAIN, AGED ABOUT 34 YEARS,

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AZEEZA BANU, W/O SHABEER HUSSAIN, AGED ABOUT 54 YEARS,

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AFREEN HUSSAIN, D/O SHABEER HUSSAIN, AGED ABOUT 31 YEARS,

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Digitally signed by SANJEEVINI J KARISHETTY Location: High Court of Karnataka

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ALL ARE R/AT #8-13-952/5, NEAR JAMIYA MASJID, KUDROLI MANGALORE, DAKSHINA KANNADA, KARNATAKA - 574 214.

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HAROON KHADAR, S/O OF A AHMAD, AGED ABOUT 33 YEARS, MISTY APARTMENT ATHAWARA NEW ROAD, MANGALORE, D.K-575001

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…PETITIONERS

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(BY SRI. TALHA ISMAIL BENGRE, ADVOCATE)

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2 - NC: 2026:KHC:29335 CRL.P No. 7056 of 2026

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HC-KAR

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AND:

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THE STATE BY WOMENS POLICE STATION, NEAR RTO OFFICE, PANDESHWAR, MANGALURU - 575 001.

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SMT. AFRA, W/O JISHAN HUSSAIN, AGED ABOUT 28 YEARS, 17-10-655/4 SAI RESIDENCY MELINA MOGARU ATTHAVAARA, MANGALURU CITY - 575 001.

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…RESPONDENTS

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(BY SMT. WAHEEDA M.M., HCGP FOR R1 SRI. MOHAMMED ZAMEER K., ADVOCATE FOR R2)

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THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE FIR AND THE CHARGE SHEET REGISTERED BY MANGALORE WOMEN'S P.S IN CR.NO.56/2025 FOR THE OFFENCE P/U/S 85, 115(2), 352, 351(2) OF BNS WHICH IS PENDING ON THE FILE OF III J.M.F.C COURT OF MANGALURU AND SAME IS GOT NUMBERED AS C.C.NO.4384/2025 WHICH IS PENDING IN THE III J.M.F.C AT MANGALORE D.K.

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THIS CRL.P, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER:

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NC: 2026:KHC:29335 CRL.P No. 7056 of 2026

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HC-KAR

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CORAM: HON'BLE MR. JUSTICE M.NAGAPRASANNA

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ORAL ORDER

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Petitioners are before this Court calling in question proceedings in C.C.No.4384/2025 (arising out of Crime No.56/2025) pending before the III J.M.F.C, Mangaluru, for the offences under Sections 85, 115(2), 352, 351(2) of Bharatiya Nyaya Sanhita, 2023.

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Heard Sri. Talha Ismail Bengre, learned counsel appearing for the petitioners, Smt. Waheeda M.M, learned HCGP appearing for respondent No.1, Sri. Mohammed Zameer K, learned counsel appearing for respondent No.2 and have perused the material on record.

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During the pendency of the proceedings, the parties to the lis have settled the dispute among themselves and have filed an application under Section 482 of Cr.P.C., along with the joint affidavit. The joint affidavit reads as follows:

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“ JOINT AFFIDAVIT

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I, Azeeza Banu w/o Shabeer Hussain, aged about 54 years, r/at #8-13-952/5, near Jamiya Masjid, Kudroli

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NC: 2026:KHC:29335 CRL.P No. 7056 of 2026

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HC-KAR

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Mangalore, Dakshina Kannada, Karnataka-574214 do hereby solemnly affirm and state on oath as follows:

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I state that, petitioner No. 1, 3 and 4 are my son, daughter and son in law and now all are in out of station, hence in their behalf I am swearing to this affidavit.

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I, Afra w/o Jishan Hussain, aged about 28 years, 17-10655/4 Sai Residency, Melina Mogaru atthavaara Mangaluru city, do hereby solemnly affirm and state on oath as follows:-

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1. We state that, we are the petitioner 2 (petitioner no.2 also on behalf of petitioner no.1, 3 and 4 who are my son, daughter, and son in-law) and Respondent No.2 in the above case and we are well conversant with the facts of the case. Hence, we are swearing to this affidavit.

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2. We state that, the averments made in the memorandum of petition may be treated as part and parcel of this affidavit in order to avoid brevity and circumlocution.

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3. We state that, the First Party filed the above petition under section 482 of code of criminal procedure with a prayer to quash the entire proceedings in C.C No. 4384/2025 arising out of the crime no. 56/2025 for offences punishable under sections 85, 115(2), 352, 351(2) of BNS, pertaining to Mangalore Women Police station pending on the file of 3^rd JMFC Court At Mangalore, D.k.

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4. We state that, the complaint given by respondent no.2 on 29.07.2025 was on spur of moment and after the incident they were apologized each other for their premature conduct and they settled all their differences and have decided to close the dispute in a dignified manner without any fiction or bad blood between them. Hence a lenient view may be taken, while considering this affidavit.

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NC: 2026:KHC:29335 CRL.P No. 7056 of 2026

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HC-KAR

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5. We state that, there is no coercion, undue influence or force from anybody upon us to file this affidavit and the second party willfully give consent to quash the case in C.C.No.4384/2025 arising out of the crime no. 56/2025 for the offences punishable under sections 85, 115(2), 352, 351(2) of BNS, pertaining to Mangalore Women Police station pending on the file of 3^rd JMFC Court At Mangalore, D.k, which was registered on his complaint.

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WHEREFORE, We humbly pray that this Hon'ble court be pleased to accept the joint affidavit and to Hon'ble court be pleased to allow the criminal petition quashing the criminal proceedings in C.C.No.4384/2025 arising out of the crime no. 56/2025 for the offences punishable under sections 85, 115(2), 352, 351(2) of BNS, pertaining to Mangalore Women Police station pending on the file of 3^rd JMFC Court At Mangalore, D.k, in the interest of justice and equity

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Whatever stated in para no. 1 to 5 of the affidavit is true to the best of our knowledge, belief and information. ”

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The parties to the lis are present before the Court

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and are identified by their respective counsels.

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In the light of application under Section 482 of Cr.P.C., along with the joint affidavit being filed by the parties

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to the lis and offences not being against the State, I deem it appropriate to accept the joint affidavit and terminate the proceedings against the petitioners in the subject petition.

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NC: 2026:KHC:29335 CRL.P No. 7056 of 2026

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HC-KAR

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For the aforesaid reasons, the following:

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ORDER

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[I] Criminal Petition is disposed .

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[II] Proceedings in C.C.No.4384/2025 (arising out of Crime No.56/2025) pending before the III J.M.F.C, Court, Mangaluru, stands quashed qua the petitioners.

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Sd/(M.NAGAPRASANNA) JUDGE

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CBC

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List No.: 2 Sl No.: 107

Jishan Hussain v. the State by Womens Police Station

Case brief

What is this about?

What did the court decide?

Jishan Hussain v. the State by Womens Police Station

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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