(BY SRI. DINESHA E.P., ADVOCATE) v. SRI. SYED KHALEEL PASHA., ADVOCATE FOR R2)
Case at a glance
- Bench
- R NATARAJ
- Neutral citation
- 2026:KHC:18469
Outcome
Allowed
This petition is allowed
Provisions considered
- Code of Criminal Procedure, 1973 ss. 320, 482
- Indian Penal Code, 1860 ss. 34, 323, 498(A), 498A, 504, 506
Key paragraphs
- Para 33. In view of the above, the following order is passed: ORDER i. This petition is allowed; ii. The prosecution petitioners C.C.No.1379/2019 on the file of the I Additional Civil Judge and JMFC, Harihara, for the offences - 4 - NC: 2026:KHC:18469 CRL.P No. 6924…
Judgment
1. SRI GHOUSE KHAN AGED ABOUT 35 YEARS, S/O SRI P RAHAMATHULLA KHAN,
2. SRI P RAHAMATHULLA KHAN AGED ABOUT 65 YEARS, S/O LATE IBRAHIM KHAN, SL. NO. 1 AND 2 ARE RESIDING AT NO.163/1, R.R. LAYOUT, JUBILEE SCHOOL ROAD, VIJANAPURA, DOORAVANI NAGAR POST, BENGALURU-560016.
3. SRI SHEKHVALI @VALI AGED ABOUT 42 YEARS, S/O KHASIM SAB,
4. SMT ASMABANU AGED ABOUT 35 YEARS, W/O SHEKH VALI, SL. NO. 3 AND 4 RESIDING AT NEAR AKHILANDESHWARI TEMPLE, HITTARAHALLI, BUDHEGERE, BANGALORE-562129. (BY SRI. DINESHA E.P., ADVOCATE) …PETITIONERS - 2 - NC: 2026:KHC:18469 CRL.P No. 6924 of 2019 HC-KAR AND:
STATE OF HARIHARA TOWN POLICE STATION, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, BANGALORE-560001.
SMT SAMINA MOMIN AGED ABOUT 25 YEARS, W/O GHOUSE KHAN, R/AT MAHESH NAGAR "A" BLOCK, NEAR LAKSHMI FOUNDARY, HARIHARA TOWN, DAVANAGERE, KARNATAKA 571 013 (BY SRI. MOHD. AYUB ALI.,ADDL. SPP FOR R1; SRI. SYED KHALEEL PASHA., ADVOCATE FOR R2) …RESPONDENTS THIS CRL.P IS FILED UNDER SECTION 482 OF CODE OF CRIMINAL PROCEDURE, 1973 PRAYING TO SET ASIDE THE ORDER DATED 04.10.2019 WHEREBY THE HON'BLE 1st ADDITIONAL CIVIL JUDGE AND JMFC, HARIHARA HAD TAKEN COGNIZANCE AGAINST THE PETITIONER FOR THE OFFENCE P/UNDER SECTIONS 498-A, 323, 504, 506 R/W SEC.34 OF IPC IN C.C.NO.1379/2019 AND CONSEQUENTLY ISSUANCE SUMMONS TO THE ACCUSED/PETITIONER VIDE ANNEXURE-F AND ETC. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE R. NATARAJ - 3 - NC: 2026:KHC:18469 CRL.P No. 6924 of 2019 HC-KAR ORAL ORDER The petitioners have challenged the prosecution launched against them by the respondent No.1 in C.C.No.1379/2019 on the file of the I Additional Civil Judge and JMFC, Harihara, for the offences punishable under Sections 498(A), 323, 504, 506 read with 34 of the Indian Penal Code, 1860 (henceforth referred to as 'IPC').
2. Today when the matter is listed for admission, an application is filed by the petitioners under Section 320 read with Section 482 of the Code of Criminal Procedure, 1973, to compound the offences against the petitioners. They also filed a joint memo stating that the parties have settled the dispute amicably.
Operative part
In view of the above, the following order is passed: ORDER i. This petition is allowed; ii. The prosecution petitioners C.C.No.1379/2019 on the file of the I Additional Civil Judge and JMFC, Harihara, for the offences - 4 - NC: 2026:KHC:18469 CRL.P No. 6924 of 2019 HC-KAR punishable under Sections 498A, 323, 504, 506 read with 34 of the Indian Penal Code, 1860, is terminated. Consequently, the charge sheet filed against the petitioners is quashed. iii. As stated joint memo, a sum of Rs.10,00,000/- is paid to the respondent No.2. Sd/- (R. NATARAJ) JUDGE BKN List No.: 1 Sl No.: 30
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: This petition is allowed
Which statutory provisions did this judgment involve?
Code of Criminal Procedure, 1973 — ss. 320, 482; Indian Penal Code, 1860 — ss. 34, 323, 498(A), 498A, 504, 506.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.