Karnataka High Court
Mohammed Abdul Khadeer vs The State And Anr on 10 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:119
CRL.P No. 200989 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 10TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 200989 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
MOHAMMED ABDUL KHADEER
S/O MD. IBRAHIM,
AGE: 55 YEARS, OCC: BUSINESS,
R/O. SIDDI TALEEM BIDAR,
TQ. AND DIST. BIDAR-585401.
...PETITIONER
(BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. THE STATE THROUGH
BIDAR WOMEN POLICE STATION,
Digitally signed BIDAR SUB DIVISION,
by SHILPA R REP. THROUGH
TENIHALLI
ADDL. PUBLIC PROSECUTOR,
Location: HIGH
COURT OF HIGH COURT OF KALABURAGI BENCH-585107.
KARNATAKA
2. LALITA @ AYESHA SIDDIQA,
W/O MOHAMMED ABDUL KHADEER,
AGE: 45 YEARS, OCC: HOUSEHOLD,
R/O. SIDDI TALEEM BIDAR,
TQ. AND DIST. BIDAR-585401.
NOW ANNADUR VILLAGE,
TQ. AND DIST. BIDAR-585401.
...RESPONDENTS
(BY SMT. MAYA T.R., HCGP FOR R1
SRI SHARANAGOUDA V . PATIL, ADVOCATE FOR R2)
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CRL.P No. 200989 of 2024
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
QUASH THE ENTIRE FURTHER PROCEEDINGS IN
C.C.NO.6375/2023, IN CRIME NO. 9/2022 OF BIDAR WOMEN
POLICE STATION FOR THE OFFENCES PUNISHABLE U/S 498A,
323, 504, 506, OF IPC AND PENDING ON THE FILE OF COURT
OF 1ST ADDITIONAL CIVIL JUDGE AND JMFC COURT, BIDAR.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
ORAL ORDER
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused in C.C.No.6375/2023 pending before the
court of I Addl. Civil Judge and JMFC, Bidar arising out of
Crime No.09/2022 registered by the Women Police
Station, Bidar for offences punishable under sections
498A, 323, 504 & 506 of IPC is before this court under
section 482 of Cr.P.C with the prayer to quash the entire
proceedings in the said case.
2. Heard learned counsel for the petitioner and learned
High Court Government Pleader for respondent No.1.
Respondent No.2 who is served in the matter has
remained unrepresented before this court.
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3. FIR in Crime No.09/2022 was registered by Bidar
Women Police Station, Bidar against the petitioner herein
for the aforesaid offences on the basis of the first
information dated 14.02.2022 received from respondent
No.2 who is the wife of the accused. After investigation,
police have filed charge sheet against the petitioner for the
aforesaid offences and the Trial Court thereafter has taken
cognizance of the charge sheeted offences and issued
summons to the petitioner. Who is now before the Trial
Court in C.C.No.6375/2023.
4. Aggrieved by the criminal proceedings initiated
against him, the petitioner is before this court.
5. Learned counsel for the petitioner submits that, the
petitioner and the respondent No.2 have separated long
back and she had earlier filed a similar criminal case
against the petitioner and he was tried in
C.C.No.1412/2012 by the jurisdictional Magistrate on
similar allegations and was acquitted by judgment and
order dated 17.01.2013. Thereafter, the petitioner and
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the respondent No.2 are staying separately. For
extraneous reasons she has now filed a false complaint
which is highly belated and accordingly prays to allow the
petition.
6. Per contra, the learned High Court Government
Pleader has opposed the petition.
7. Perusal of the material available on record would go
to show that marriage of the petitioner with the
respondent No.2 was solemnized on 23.07.1999 and from
the wedlock they have five children. It appears that the
relationship between the petitioner and his wife got
strained subsequently and in the year 2012, the
respondent No.2 had filed a criminal case against the
petitioner and in the said case he was charged sheeted for
offences punishable under section 498A, 504, 323 of IPC.
After charge sheet case against petitioner was registered
in C.C.No.1412/2012. Petitioner was acquitted in
C.C.No.1412/2012 by the jurisdictional court of Magistrate
by judgment and order of acquittal dated 17.01.2013 and
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undisputedly the said judgment and order of acquittal has
attained finality.
8. Perusal of the first information in the present case
would reveal that respondent No.2 was staying separately
from the petitioner along with their children and it appears
that on the pretext of taking the children to a picnic, the
petitioner had taken them along with him and thereafter
the children are residing with him. Allegation in the first
information is that on 06.10.2021, petitioner came to the
place where respondent No.2 was residing and after
abusing her, he had assaulted her.
9. In respect of the alleged incident that had taken
place on 06.10.2021, belatedly, a complaint is filed on
14.02.2022 which is after a delay of more than 4 months.
No proper explanation whatsoever has been given by the
respondent No.2 for the inordinate delay in approaching
the police. In addition to the same, material record would
go to show that in the earlier criminal case registered
against the petitioner with very same allegations, he was
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acquitted and thereafter the petitioner and the respondent
No.2 were residing separately.
10. Under the circumstances, I am of the opinion that
the impugned criminal case is liable to be quashed.
Accordingly, I proceed to pass the following:
ORDER
i) Criminal Petition is allowed.
ii) The entire proceedings in C.C.No.6375/2023
pending before the court of I Addl. Civil Judge and
JMFC, Bidar arising out of Crime No.09/2022
registered by the Women Police Station, Bidar for
offences punishable under sections 498A, 323, 504 &
506 of IPC, is hereby quashed as against the
petitioner.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DHA
CT:PK
