Karnataka High Court
Dadapeer S/O Hasansab Mulla vs The State Of Karnataka on 6 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:2608
CRL.P No.102225 of 2023
C/W CRL.P No.101927 of 2023
& CRL.P No.103345 of 2023
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 102225 OF 2023
C/W. CRIMINAL PETITION NO. 101927 OF 2023
& CRIMINAL PETITION NO. 103345 OF 2023
IN CRL.P. NO.102225/2023:
BETWEEN:
1. DADAPEER S/O. HASANSAB MULLA,
AGE 50 YEARS, OCC: AGRICULTURE,
R/O: 52, MULLANAVAR STREET, TEGUR,
HOSATEGUR, TQ & DIST: DHARWAD-580011.
2. SMT. YASHEEN W/O. DADAPER MULLA,
AGE 45 YEARS, OCC: HOUSEHOLD,
R/O: 52, MULLANAVAR STREET, TEGUR,
HOSATEGUR, TQ & DIST: DHARWAD-580011.
Digitally
signed by
MANJANNA
3. SALEEM MEHABOOBSAB ADAKAR,
MANJANNA E
E Date:
2024.02.08
AGE 31 YEARS, OCC: PRIVATE WORK,
11:16:14
+0530 R/O: 205, HOSATEGUR,TEGUR,
TQ & DIST: DHARWAD-580011.
4. RAMAJAN S/O. AHAMADALI SAIYADANAVAR,
AGE 37 YEARS, OCC: PRIVATE WORK,
R/O: HOSATEGUR,
TQ & DIST: DHARWAD-580011.
5. MAKTUMHUSEN @ MAGADUM
S/O. AHMMEDALI SAIYADANAVAR,
AGE 32 YEARS, OCC: PRIVATE WORK,
R/O: HOSATEGUR, TQ & DIST: DHARWAD-580011.
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NC: 2024:KHC-D:2608
CRL.P No.102225 of 2023
C/W CRL.P No.101927 of 2023
& CRL.P No.103345 of 2023
6. SMT. TABASUM W/O. DADAPEER MULLAR.
AGE 45 YEARS, OCC: HOUSEHOLD,
R/O: TEGULAR, TQ & DIST: DHARWAD-580011.
7. SOHALI S/O. MAKTUMSAHEB NADAF,
AGE 23 YEARS, OCC: PRIVATE WORK,
R/O: SHIRUR, TQ: NARAGUND,
DIST: GADAG - 582207.
... PETITIONERS
(BY SRI. IRANAGOUDA K.KABBUR, ADVOCATE)
AND:
1. THE STATE OF KARNATAKA,
THROUGH DODAWAD POLICE STATION,
NOW REP BY SPP,
HIGH COURT OF KARNATAKA,
BENCH AT DHARWAD - 580011.
2. BASITH S/O. ABDUL AZEEZ,
AGE 29 YEARS, OCC: LABOURER,
R/O: HOSA TEGUR,
TQ & DIST: DHARWAD-580011.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. NAVEEN CHATRAD, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE COMPLAINT AND FIR AGAINST THE
PETITIONERS NO. 1 TO 7 /ACCUSED NO. 1 TO 7 IN DODAWAR P.S
CRIME NO.59/2023 FOR THE OFFENCES U/Ss.
143,147,148,341,324,307,504,506 R/W 149 OF IPC, PENDING ON
THE FILE OF THE ADDITIONAL CIVIL JUDGE AND JMFC
BAILHONGAL VIDE ANNNEXURE-A AND B RESPECTIVELY.
IN CRL.P. NO.103345/2023:
BETWEEN:
1. JALAL S/O. ABDUL AZEEZ,
AGE 48 YEARS, OCC: BUSINESS & AGRICULTURE,
R/O: BHARATH PALACE, P.B.ROAD,
TEGUR VILLAGE, TQ. & DIST. DHARWAD-580011.
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NC: 2024:KHC-D:2608
CRL.P No.102225 of 2023
C/W CRL.P No.101927 of 2023
& CRL.P No.103345 of 2023
2. JAMSHEED S/O. ABDUL AZEEZ,
AGE 46 YEARS, OCC: BUSINESS & AGRICULTURE,
R/O: BHARATH PALACE, P.B.ROAD,
TEGUR VILLAGE, TQ. & DIST. DHARWAD-580011.
3. BASITH S/O. ABDUL AZEEZ,
AGE 30 YEARS, OCC: BUSINESS & AGRICULTURE,
R/O: BHARATH PALACE, P.B.ROAD,
TEGUR VILLAGE, TQ. & DIST. DHARWAD-580011.
4. RAISE @ RAYEES,
AGE 40 YEARS, OCC: BUSINESS & AGRICULTURE,
R/O: BHARATH PALACE, P.B.ROAD,
TEGUR VILLAGE, TQ. & DIST. DHARWAD-580011.
... PETITIONERS
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THROUGH DODDAWAD POLICE STATION,
REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DHARWAD.
2. DILAWAR S/O. SHOUKATHALI TALLUR,
AGE 20 YEARS, OCC: LABOURER,
R/O: NEW TEGUR VILLAGE,
TQ. & DIST. DHARWAD-580011.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. IRANAGOUDA K.KABBUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C.,
SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CRIME
NO.60/2023 OF DODDAWAD P.S. BY THE RESPONDENT NO.2 FOR
THE OFFENCE PUNISHABLE U/S 143, 147, 148, 341, 324, 307, 504
AND 506 R/W 149 OF IPC, PENDING ON THE FILE OF THE
ADDITIONAL CIVIL JUDGE (JR.DN) JMFC COURT, BAILHONGAL SO
FOR IT RELATES TO THE ACCUSED NO.1 TO 4/PETITIONERS ARE
CONCERNED.
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NC: 2024:KHC-D:2608
CRL.P No.102225 of 2023
C/W CRL.P No.101927 of 2023
& CRL.P No.103345 of 2023
IN CRL.P. NO.101927/2023:
BETWEEN:
1. ANAND S/O. VIRUPAKSH GOKAVI,
AGE 48 YEARS, OCC: AGRICULTURE,
R/O. TEGUR VILLAGE,
TQ & DIST. DHARWAD-580011.
2. SANDEEP S/O. ASHOK PUDALAKATTI,
AGE. 30 YEARS, OCC: SERVICE IN INDIAN ARMY,
R/O: MADANABAVI VILLAGE,
TQ & DIST. DHARWAD-581105.
... PETITIONERS
(BY SRI. NAVEEN CHATRAD, ADVOCATE)
AND:
1. STATE OF KARNATAKA,
THROUGH DODDAWAD POLICE STATION,
REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA,
DHARWAD BENCH, DAHRWAD.
2. DILAWAR S/O. SHOUKATHALI TALLUR,
AGE 20 YEARS, OCC: LABOURER,
R/O. TEGUR VILLAGE,
TQ & DIST. DHARWAD-580011.
... RESPONDENTS
(BY SRI. P.N. HATTI, HCGP FOR R1;
SRI. IRANAGOUDA K.KABBUR, ADVOCATE FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CRIME
NO. 60/2023 OF DODDAWAD P.S. BY THE RESPONDENT NO.2 FOR
THE OFFENCE P/U/SEC. U/SEC. 143, 147, 148, 341, 324, 307, 504
AND 506 OF IPC PENDING ON THE FILE OF THE ADDL. CIVIL JUDGE
(JR.DN.) JMFC, COURT, BAIL HONGAL SO FOR IT RELATES TO THE
ACCUSED NO.5 AND 6/PETITIONERS ARE CONCERNED.
THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY,
THE COURT MADE THE FOLLOWING:
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NC: 2024:KHC-D:2608
CRL.P No.102225 of 2023
C/W CRL.P No.101927 of 2023
& CRL.P No.103345 of 2023
ORDER
1. Learned counsel Shri Iranagouda K.Kabbur
enter appearance for respondent No.2.
2. There petitions arise out of the criminal
proceedings registered by Dodwad Police in Crime Nos. 59
& 60 of 2023
3. The petitioners in Crl.P. No.102225/2023
lodged a complaint which was registered in Crime
No.59/2023 and the petitioners in Crl.P. Nos.101927/2023
& 103345/2023 lodged a complaint which was registered
as Crime No.60/2023 The offenses alleged against each
other in these cases are under SectionS 143, 147, 148,
341, 324, 307, 504, 506 read with Section 149 of IPC.
4. Today, the complainants in both the cases are
present and they have filed separate affidavits stating that
they have settled their disputes at the intervention and
advice of the elders in the village and they therefore seek
for quashing of the proceedings initiated at their behest.
NC: 2024:KHC-D:2608
5. Having regard to the nature of the allegations
made in the complaint and the affidavits that are now
filed, it is clear that the proceedings are essentially private
in nature and since the parties have agreed to settle the
proceedings by requesting for quashing of both the
criminal proceedings, it would be appropriate to permit
them to do so and the judgment rendered by the Supreme
Court in the case of Gain Singh Vs. State of Punjab and
another1 would enable the settlement of such a dispute.
Consequently, the affidavits filed by the complaints are
accepted and the proceedings are quashed. The petitions
are therefore allowed.
Sd/-
JUDGE
Vnp
(2012) 10 SCC 303
