Karnataka High Court
Riyaz Ahmead S/O Babasab Mehar vs The State Of Karnataka on 18 February, 2026
Author: V.Srishananda
Bench: V.Srishananda
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NC: 2026:KHC-D:2470
CRL.P No. 100326 of 2023
HC-KAR
IN THE HIGH COURT OF KARNATAKA,AT DHARWAD
DATED THIS THE 18TH DAY OF FEBRUARY, 2026
BEFORE
THE HON'BLE MR. JUSTICE V.SRISHANANDA
CRIMINAL PETITION NO. 100326 OF 2023
(482(CR.PC)/528(BNSS))
BETWEEN:
1. RIYAZ AHMEAD S/O BABASAB MEHAR
AGED ABOUT 60 YEARS, OCC. NIL,
2. GULZAR BEGUM W/O RIYAZ AHMED MEHAR
AGED ABOUT 55 YEARS,
OCC. HOUSE HOLD WORK
3. MUNEER AHMED SHAIKH S/O DAVALSAB SHAIKH
AGED ABOUT 60 YEARS,
OCC. GOVT SERVANT
4. ZAHEER AHMED SHAIKH S/O DAVALSAB SHAIKH
CHANDRASHEKAR
LAXMAN AGED ABOUT 53 YEARS, OCC. EX-BSF
KATTIMANI
5. KHEDER BI SHAIKH W/O DAVALSAB SHAIKH
AGED ABOUT 75 YEARS, OCC. NIL
Digitally signed by
CHANDRASHEKAR
LAXMAN
KATTIMANI 6. ABDUL ROSOOL MURGOD S/O MUQABOL MURGOD
Date: 2026.02.20 AGED ABOUT 40 YEARS, OCC. KSRTC DRIVER
16:00:09 +0530
7. KHALEED BASHA S/O BABASAB MEHAR
AGED ABOUT 53 YEARS, OCC. BUSINESS
ALL ARE R/O BEHIND GURUSIDDESHWAR G.
ADDA MOOR SAVIRMATH HUBBALLI.
...PETITIONERS
(BY SRI. M.L. VANTI, ADVOCATE)
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CRL.P No. 100326 of 2023
HC-KAR
AND:
1. THE STATE OF KARNATAKA
HUBBALLI WOMEN PS,
R/BY ADDL SPP.,
HIGH COURT OF KARNATAKA,
DHARWAD 580011.
2. ANJUMBANU W/O MANZOOR ILAHI MEHAR
(BEFORE MARRIAGE ANJUMBANU
D/O NOORAHMED MURGOD)
AGED ABOUT 31 YEARS,
OCC. PRIVATE SERVICE,
R/O. JAVALI PLOT TIPPU NAGAR,
OLD HUBBALLI, PIN 580024.
...RESPONDENTS
(BY SMT. KIRTILATA R. PATIL, HCGP FOR R1;
SRI. RAJASHEKHAR BURJI, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE PROCEEDINGS IN (P. C. NO.
1702/2018) C.C. NO. 2684/2019 PENDING ON THE FILE OF III
ADDL. CJ AND JMFC COURT, HUBBALLI FOR THE OFFENCES
PUNISHABLE U/S 498A, 323, 504, 506 R/W SEC. 149 OF IPC
R/W 3 AND 4 OF D.P. ACT, (IN CRIME NO. 2/2019 WOMEN P.S.
HUBBALLI-DHARWAD) AGAINST THE PETITIONERS/ACCUSED
NO. 2 TO 8 BY ALLOWING THIS PETITION, IN THE INTEREST OF
JUSTICE.
THIS PETITION, COMING ON FOR ORDERS, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
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CRL.P No. 100326 of 2023
HC-KAR
ORAL ORDER
(PER: THE HON'BLE MR. JUSTICE V.SRISHANANDA)
1. Heard Sri. M. L. Vanti, learned counsel for the petitioners, Smt. Kirtilata R. Patil, learned High Court Government Pleader for respondent No.1-State and Sri. Rajashekhar Burji, learned counsel for respondent No.2.
2. Petition under Section 482 of Code of Criminal Procedure, 1973, with the following prayer:
"WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to:
i) Quash the proceedings in
(P.C.No.1702/2018) C.C.No.2684/2019 pending
on the file of III Addl. C J & JMFC Court, Hubballi for the offences punishable U/S 498(A), 323, 504, 506 R/w. Sec.149 IPC R/w. 3 & 4 of D.P. Act, (in Crime No.2/2019 Women P.S. Hubballi-Dharwad) against the petitioners/accused Nos.2 to 8 by allowing this petition.
ii) May pass such other suitable order/s as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case to do complete justice."-4-
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3. Facts in nutshell which are utmost necessary for disposal of the present petition are as under:
4. Respondent No.2 filed a complaint with Women Police Station, Hubballi-Dharwad, which was registered in Crime No.2/2019 for the offences punishable under Sections 498A, 323, 504 and 506 of Indian Penal Code, 1860 and Sections 3 and 4 of Dowry Prohibition Act, 1961.
5. Gist of the complaint averments would reveal that accused No.1 married with the complainant on 26.04.2018 and at that juncture, Rs.2,00,000/- of cash, 1½ tola chain and ½ tola ring and silver articles were given as dowry. A sum of Rs.2,50,000/- was spent towards the marriage expenses and complainant joined the matrimonial home.
6. Accused Nos.7 and 8 used to visit the house of the accused Nos.1 to 6 often. About a month later, all the accused persons started abusing the complainant and demanded additional dowry by contending that accused No.1 is having a decent job in Dubai and therefore, to meet -5- NC: 2026:KHC-D:2470 CRL.P No. 100326 of 2023 HC-KAR expenses, Rs.10,00,000/- and 250 grams of gold was demanded. The complainant denied the food and she used to be confined into the house whenever the accused persons were going out by locking the door from outside.
7. The complainant was working as part-time lecturer and the salary earned from the said job would also snatch by the accused persons.
8. It was also alleged that accused persons threatened that she would be killed by exploding the cooker and they used to spill the hot oil on her legs.
9. Based on the complaint, police registered the case against the accused persons for the aforesaid offences and investigated the matter and filed charge sheet.
10. Learned Trial Magistrate took cognizance of the offences against the accused and registered the criminal case in C.C. No.2684/2019.
11. The order sheet discloses that accused No.1 is not served and accused Nos.2 to 8 remained absent before -6- NC: 2026:KHC-D:2470 CRL.P No. 100326 of 2023 HC-KAR the Trial Court continuously by filing the exemption application.
12. In the meantime, petitioners herein who are accused Nos.2 to 8 have approached this Court with the aforesaid prayer contending that they are no way connected with the alleged harassment and because of the employment, accused No.1 is residing in Dubai and therefore, there is no willful absence of accused No.1 and sought for quashing the pending proceedings.
13. Per contra, learned High Court Government Pleader for respondent No.1 and learned counsel for respondent No.2 contended that trial has not progressed from the year 2019, on the ground that accused No.1 is not available and accused Nos.2 to 8 have not co-operated for the proceeding of the trial.
14. They would further contend that if the petitioners have got any good case, they may file an application for discharge and there is no ground made out for quashing of the complaint and sought for dismissal of the petition. -7-
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15. Having heard the arguments of both sides, this Court perused the material on record meticulously.
16. On such perusal of the material on record, it is noticed that a dowry harassment case is pending since the year 2019 without any progress whatsoever.
17. Admittedly, accused No.1 has not appeared before the Court from the year 2019, and staying in Dubai and not answering to the summons and the warrant issued by the Court.
18. Accused Nos.2 to 8, though appeared before the Court and obtained the bail, but they remained absent before the Trial Court by filing the exemption application repeatedly. As such, the trial has not progressed.
19. They have approached this Court and obtained the order of stay of further proceedings and the trial itself has not progressed to any extent.
20. Whether at all, the complainant is responsible for the improper matrimonial relationship or not as contended -8- NC: 2026:KHC-D:2470 CRL.P No. 100326 of 2023 HC-KAR by the petitioners cannot be decided by this Court at this stage by holding mini trial.
21. Likewise, if the petitioners have got any valid defense, they may file necessary application before the Trial Court seeking discharge.
22. This Court at this stage in a petition challenging the order taking cognizance and registering the case cannot hold a mini trial to find out the merits or demerits of the case.
23. Practically, the grounds urged in the petition do not make out a case for quashing the pending criminal proceedings.
24. Further, non-appearance of accused No.1 for a period of more than seven years, is a factor which per se makes it clear that the petitioners are somehow interested in dragging the proceedings rather than proceeding with the case on merits of the matter.
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25. Taking note of these aspects of the matter this Court is of the considered opinion that no grounds are made out for quashing the pending proceedings.
26. Accordingly, the following:
ORDER The petition is dismissed.
Sd/-
(V.SRISHANANDA) JUDGE SMM / CT-CMU LIST NO.: 1 SL NO.: 9