Criminal Petition No. 6674 of 2024 · The High Court
Case Details
- 1 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 6674 OF 2024 BETWEEN: 1. MUMTHAZ BI W/O MYNUDDIN MULLA AGED ABOUT 58 YEARS, OCC: HOUSEWIFE, R/O 1ST MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE - 577 001. PERMANENT RESIDENT OF 2ND CROSS, JANATHA PLAT HIREKERURU, HAVERI DISTRICT, HAVERI - 581 110.
Legal Reasoning
Digitally signed by MAYAGAIAH VINUTHA Location: High Court of Karnataka 2. MOHINUDDIN MOUL S/O SATTAR SAB MULLA AGED ABOUT 61 YEARS, OCC: LABOURER, R/O PRESENT NO 989/2 1 MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE - 577 001. PERMANENT RESIDENT OF 2ND CROSS, JANATHA PLAT HIREKERURU, HAVERI DISTRICT, HAVERI - 581 110. 3. SIKHANDAR MULLA @ ABDUL WAHAB MULLA S/O MYNUDDIN MULLA AGED ABOUT 40 YEARS, OCC: LABOURER, R/O PRESENT 1ST MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE - 577 001. - 2 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR PERMANENT RESIDENT OF 2ND CROSS, JANATHA PLAT HIREKERURU, HAVERI DISTRICT, HAVERI - 581 110. 4. KHUBRA@ KUTHEJAL KUBRA @ KHADIJA THUL KUER W/O ABDUL WAHAB MULLA AGED ABOUT 31 YEARS, OCC: HOUSEWIFE, PRESENT R/O 1027, 1ST MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE - 577 001. PERMANENT RESIDENT OF 2ND CROSS, JANATHA PLAT, HIREKERURU, HAVERI DISTRICT, HAVERI - 581 110. 5. SADDAM MULLA @ SADDAM HUSEN, S/O MYNUDDIN MULLA, AGED ABOUT 31 YEARS, OCC: MECHANIC PRESENT R/O 1ST MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE -577 001. PERMANENT RESIDENT OF 2ND CROSS, JANATHA PLAT HIREKERURU, HAVERI DISTRICT, HAVERI - 581 110. 6. MAKBUL MULLA @ MUKBUL S/O MYNUDDIN MULLA, AGED ABOUT 37 YEARS, OCC: MECHANIC PRESENT R/O 989/2, 1ST MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE - 577 001. PERMANENT RESIDENT OF 2ND CROSS, - 3 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR JANATHA PLAT HIREKERURU, HAVERI DISTRICT, HAVERI - 581 110. 7. SALMA BANU W/O FAYAN KHAN, AGED ABOUT 38 YEARS, OCC: HOUSEWIFE, PRESENT R/O AZAD NAGAR, DAVANAGERE - 577 001. PERMANENT RESIDENT OF 2ND CROSS, JANATHA PLAT. HIREKERURU, HAVERI DISTRICT, HAVERI - 581 110. 8. FAYAZ AHAMMAD @ FAYAZ KHAN S/O PEER KHAN, AGED ABOUT 41 YEARS, OCC: LABOURER, PRESENT R/O 800, 5TH CROSS, AZAD NAGAR, DAVANAGERE - 577 001. 9. AMREEN BANU @ AMREEN TAJ W/O JAMEER BHASHA, OCC: HOUSEWIFE, AGED ABOUT 42 YEARS, PRESENT R/O 989/2, 1ST MAIN, 2ND CROSS, AZAD NAGAR, DAVANAGERE - 577 001. 10. JAMEER AHAMAD @ JAMEER BHASHA S/O KHALLEEL SAB, AGED ABOUT 42 YEARS, OCC: LABOURER, PRESENT R/O 1274/B, 3RD CROSS, BETURU ROAD, DAVANAGERE - 577 001. PERMANENT RESIDENT OF 7TH CROSS, BISMILA LAYOUT, DAVANAGERE - 577 001. - 4 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR 11. NOOR ILAHI @ NOOR ILAHI MULLA S/O KHALLEEL SAB, AGED ABOUT 42 YEARS, OCC: LABOURER, PRESENT R/O JAMY MASIDI ROAD, HIREKERUR, HAVERI, HAVERI - 581 110. …PETITIONERS
Legal Reasoning
(BY SRI. UMESH P.B, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY WOMEN POLICE STATION, DAVANAGERE, DAVANAGERE CITY SUB-DIVISION, DAVANAGERE - 577 001. (REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU - 560 001) 2. SMT. AYISHA SIDDIQA, W/O RAHAMATHULLA, AGED ABOUT 27 YEARS, OCC: HOUSEHOLD WORK, R/O AZAD NAGARA, 1ST MAIN, 4TH CROSS, DAVANAGERE - 577 001. …RESPONDENTS (BY SRI. NAGESHWARAPPA K, HCGP FOR R1; SRI. S.G. RAJENDRA REDDY, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE CRIMINAL PROCEEDINGS IN C.C.NO.2694/2021 PENDING ON THE FILE OF THE II ADDITIONAL SENIOR CIVIL JUDGE AND JMFC DAVANAGERE (CRIME NO.82/2021 OF DAVANAGERE WOMEN POLICE STATION, DAVANAGERE CHARGE SHEETED FOR THE OFFENCE P/US/ 506, 498-A, 504, 323, 114 R/W SEC.149 OF IPC AND SEC.3, 4 OF DP ACT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 5 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek the following reliefs: "It is therefore prayed that this Hon'ble High Court may be pleased to quash the criminal proceedings C.C.No.2694/2021 pending on the file of II Addl. Senior Civil Judge and JMFC, Davanagere (Crime No.82/2021 of Davanagere Women Police Station, Davanagere, charge sheeted for the offences punishable under Sections 506, 498(A), 504, 323, 114 r/w 149 of IPC and Sections 3 and 4 of Dowry Prohibition Act), in the interest of justice." 2. Heard learned counsel for the petitioners, learned counsel for respondent No.2 and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that respondent No.2/defacto complainant is the wife of one Rahamathulla/accused No.1, whose parents are petitioner No.1/accused No.2 and petitioner No.2/accused No.3 while remaining petitioner Nos.3 to 11/accused Nos.4 to 12 are their family members. The respondent No.2/defacto complainant filed the instant complaint on 14.06.2021 against the - 6 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR petitioners and accused No.1 for the offences punishable under Sections 506, 498(A), 504, 323, 114 R/w 149 of IPC, which came to be registered as FIR in Crime No.82/2021. In pursuance of the same, the police conducted investigation and submitted a charge sheet, which is currently pending in C.C.No.2694/2021 before the trial Court. 4. Learned counsel for the petitioners submit that there are absolutely no allegations as against petitioner Nos.7 to 11/accused Nos.8 to 12 and the impugned proceedings qua the said petitioners may be quashed by reserving liberty in favour of petitioner Nos.1 to 6/accused Nos.2 to 7 to seek discharge before the trial Court. 5. Per contra, learned counsel for respondent No.2 submits that there is no merit in the petition and the same is liable to be dismissed. 6. A perusal of the material on record will indicate that insofar as petitioner Nos.7 to 11/accused Nos.8 to 12 are concerned, there is absolutely nothing to incriminate them for the alleged offences and consequently, continuation of the - 7 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR impugned proceedings qua petitioner Nos.7 to 11/accused Nos.8 to 12 would amount to abuse of process of law warranting interference by this Court in the present petition. However, insofar as petitioner Nos.1 to 6/accused Nos.2 to 7
Decision
are concerned, the present petition deserves to be disposed of reserving liberty in their favour to seek discharge and/or file an application for discharge before the trial Court, which may be directed to consider the same in accordance with law. 7. In the result, the following: ORDER i) The criminal petition is partly allowed. ii) The impugned proceedings in C.C.No.2694/2021 pending on the file of II Addl. Senior Civil Judge and JMFC, Davanagere, qua petitioner Nos.7 to 11/accused Nos.8 to 12, are hereby quashed. iii) Liberty is reserved in favour of petitioner Nos.1 to 6/accused Nos.2 to 7 to seek discharge. iv) It is made clear that any observation made in this order qua petitioner Nos.1 to 6 will not - 8 - NC: 2025:KHC:22092 CRL.P No. 6674 of 2024 HC-KAR influence the trial Court while considering the discharge application filed by petitioner Nos.1 to 6. Sd/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 3 Sl No.: 5 CT: BHK