Karnataka High Court
Jahangir vs The State Of Karnataka on 6 March, 2026
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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CRL.P No. 200157 of 2026
HC-KAR
IN THE HIGH COURT OF KARNATAKA
KALABURAGI BENCH
DATED THIS THE 6TH DAY OF MARCH, 2026
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200157 OF 2026
(482(Cr.PC)/528(BNSS))
BETWEEN:
JAHANGIR S/O MAHIBOOBSAB,
AGE: 36 YEARS, OCC: ENGINEER,
R/O. RODALABANDA VILLAGE,
TQ. LINGASUGUR,
DIST. RAICHUR-584127.
...PETITIONER
(BY SMT. SWATI M.N., ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
Digitally signed THROUGH KALABURAGI CITY WOMEN PS,
by SACHIN KALABURAGI DISTRICT-585105,
Location: HIGH REPRESENTED BY ADDL. SPP,
COURT OF
KARNATAKA HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585103.
2. SMT. SYEDA AYESHA AMREEN W/O JAHANGEER,
AGE: 28 YEARS, OCC: HOUSEHOLD,
R/O. H.NO.4-601/73G,
BASAVESHWAR COLONY,
MUMTAJ MANJIL, M.B. NAGAR,
KALABURGI-585105.
...RESPONDENTS
(BY SRI MALLIKARJUN SAHUKAR, AGA FOR R1;
SRI LIYAQAT FAREED USTAD, ADVOCATE FOR R2)
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NC: 2026:KHC-K:2200
CRL.P No. 200157 of 2026
HC-KAR
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.
(OLD), UNDER SECTION 528 OF BNSS (NEW), PRAYING TO
ALLOW THIS PETITION AND QUASH THE COGNIZANCE ORDER
DATED 25.03.2023 AND ENTIRE PROCEEDINGS IN CC
NO.1732/2023 IN CRIME NO.84/2022 OF KALABURAGI CITY
WOMEN P.S. AGAINST THE PETITIONER/ACCUSED NO.1 FOR
THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323,
504, 506, 109, 34 OF IPC AND UNDER SECTIONS 3 AND 4 OF
DOWRY PROHIBITION ACT, 1961 WHICH IS PENDING ON THE
FILE OF I ADDL. CIVIL JUDGE AND JMFC AT KALABURAGI.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
Accused No.1 is before this Court in this criminal petition filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section 482 of Cr.P.C with a prayer to quash the entire proceedings in C.C.No.1732/2023 pending before the Court of I Additional Civil Judge and JMFC, Kalaburagi arising out of Crime No.84/2022 registered by Kalaburagi City Women Police Station for offences punishable under Sections 498A, 323, 504, 506, 109 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961. -3-
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2. Learned counsel for the petitioner and learned counsel for the respondent No.2 jointly submits that dispute between the parties has been settled amicably at the intervention of elders and well wishers of both the parties. The petitioner and respondent No.2, who are husband and wife, have decided to dissolve their marriage and they have already approached the jurisdictional Court for the said purpose in O.S.No.4/2026. They submit that parties have filed a joint affidavit before this Court reporting settlement and in view of the same, the petition may be allowed.
3. The joint affidavit filed by the parties dated 09.02.2026 is taken on record. In paragraph Nos.3 to 7 of the said joint affidavit, it is stated as follows :
"3. That the complainant/respondent No.2 is the wife of petitioner. Their marriage was solemnized on 21.06.2021 and both of them got separated by mutual consent as per Mohammedan Law.
4. That the complainant and petitioner herein on the advice of well wishers have entered into amicable settlement and both of them got separate by mutual consent as per Mohammedan law. Since the above matter is of matrimonial in nature. In -4- NC: 2026:KHC-K:2200 CRL.P No. 200157 of 2026 HC-KAR view of settlement entered between the parties, the above criminal petition may be quashed to meet the ends of justice.
5. It is agreed between the parties that in view of settlement arrived between respondent No.2 and petitioner which was settled for Rs.15,25,000/- (Rupees Fifteen Lack Twenty five thousand) as a full and final settlement vide DD No.899826 dated 24.11.2025 out of above said amount, that Rs.15,00,000/- through DD and Rs.25,000/- by cash, to be paid to the respondent No.2, since the petitioner and respondent No.2 who already got mutual consent divorce as per their Muslim law.
6. That further petitioner filed O.S.No.04/2026, which is pending on file of Prl. Family Court, Kalaburagi to get dissolve their marriage as per law.
7. That the respondent No.2 has already withdrawn the Crl.Misc.No.1583/2024 filed before IV Addl. Civil Judge, Kalaburagi under provisions of domestic violence act seeking various reliefs against her husband. Further respondent No.2 also withdrawn RPFC No.200019/2024. That both of parties agreed to withdraw all the pending cases between their families."
4. The Hon'ble Supreme Court in the case of Ram Gopal and another vs. State of Madhya Pradesh reported in (2021) SCC OnLine SC 834 has observed that notwithstanding the limitations provided under Section 320 of Cr.P.C., this Court in exercise of its inherent powers under Section 482 of Cr.P.C., can quash -5- NC: 2026:KHC-K:2200 CRL.P No. 200157 of 2026 HC-KAR criminal cases registered even for non-compoundable offences depending upon the gravity and nature of the allegations, relationship between the parties and nature of settlement between them. In the case on hand, petitioner and respondent No.2 are husband and wife, who have now decided to separate and put an end to the dispute between them.
5. Under the circumstances, I am of the opinion that it is a fit case wherein this Court is required to exercise its inherent powers so as to do complete justice to the parties, who are before the Court. Accordingly, following :
ORDER
i) Criminal petition is allowed.
ii) The entire proceedings in C.C.No.1732/2023 pending before the Court of I Additional Civil Judge and JMFC, Kalaburagi arising out of Crime No.84/2022 registered by Kalaburagi City Women Police Station, for the offences -6- NC: 2026:KHC-K:2200 CRL.P No. 200157 of 2026 HC-KAR punishable under Sections 498A, 323, 504, 506, 109 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 are quashed as against the petitioner herein.
In view of disposal of petition, pending interlocutory applications, if any do not survive for consideration. Accordingly, they are disposed of.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SN List No.: 1 Sl No.: 36 CT:PK