Karnataka High Court
Haji Khan vs The State And Anr on 29 January, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:632
CRL.P No. 201244 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 29TH DAY OF JANUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO. 201244 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
HAJI KHAN S/O MOHAMMED KHAN,
AGE: 30 YEARS, OCC: TAILOR,
R/O. RAVOOR VILLAGE,
TQ. SHAHABAD, DIST. KALABURAGI-585225.
...PETITIONER
(BY SRI LIYAQAT FAREED USTAD, ADVOCATE)
AND:
1. THE STATE THROUGH KALABURAGI CITY,
WOMEN POLICE STATION KALABURAGI,
Digitally signed
by LUCYGRACE KALABURAGI NORTH SUB DIVISION,
REPRESENTED BY
Location: HIGH
COURT OF THE ADDL. SPP HIGH COURT OF KARNATAKA,
KARNATAKA BENCH AT KALABURAGI-585107.
2. MERAJ BEGUM W/O HAJI KHAN,
AGE: 35 YEARS, OCC: HOUSE WIFE,
R/O. SADAR MOHALLA MOMINAPURA,
KALABURAGI-585105.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1
R2 SERVED)
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NC: 2025:KHC-K:632
CRL.P No. 201244 of 2024
THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC.
528 OF BNSS (NEW), PRAYING TO QUASH THE ENTIRE
PROCEEDING IN C.C.NO. 17055/2022 IN CRIME NO. 269/2021
OF FILE BY THE RESPONDENTS, IN KALABURAGI CITY WOMEN
POLICE STATION FOR THE OFFENCES PUNISHABLE U/SEC.
498A, 323, 504, 506 R/W 34 OF THE IPC AND SEC. 3 AND 4 OF
THE DOWRY PROHIBITION ACT 1964, ON THE FILE IS
PENDING OF I ADDITIONAL JMFC 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
(PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY)
1. Accused No.1 in C.C.No.17055/2022 pending before
the court of I Additional Civil Judge and JMFC, Kalaburagi,
arising out of Crime No.269/2021 registered by Kalaburagi
City Women's Police Station, Kalaburagi, for offences
punishable under Sections 498(A), 323, 504, 506 r/w 34
of IPC and Sections 3 & 4 of Dowry Prohibition Act 1964, is
before this Court under Section 482 of Cr.P.C with a
prayer to quash the entire proceedings in the present case
as against him.
NC: 2025:KHC-K:632
2. Heard the learned counsel for the petitioner and
learned High Court Government Pleader for respondent
No.1.
3. Respondent No.2 who is served in the matter has
remained unrepresented before this court.
4. Learned counsel for the petitioner submits that
respondent No.2 had earlier filed a similar complaint
against all the 5 accused in the present case and the
accused who were tried in C.C.No.92/2019, were acquitted
by the jurisdictional court of Magistrate by judgment and
order dated 16.03.2020. By making false and frivolous
allegations, the respondent No.2 has once again
approached the Police and based on her first information,
the impugned criminal proceedings is initiated against the
accused. This Court in Crl.P.No.200245/2024 has already
quashed the impugned criminal proceedings as against
accused Nos.2 to 5. Accordingly, he prays to allow the
petition.
NC: 2025:KHC-K:632
5. Per contra, learned High Court Government Pleader
has opposed the petition.
6. Perusal of the material on record would go to show
that respondent No.2 had earlier initiated criminal
proceedings against all the accused in the present case
and the said accused were tried in C.C.No.92/2019 by the
court of Civil Judge & JMFC at Shahabad and were
acquitted in the said case by judgment and order dated
16.03.2020. Undisputedly, the said judgment and order of
acquittal passed in C.C.No.92/2019 has attained finality.
It is relevant to note here that the respondent No.2 had
contested in the said proceedings. However, in the first
information which is submitted by her in the present case,
she has stated that her earlier case registered against the
accused persons was settled at the intervention of the
Police and she had withdrawn the complaint and thereafter
once again her husband and his relatives had ill-treated
her. The said allegations found in the first information
appears to be incorrect having regard to the judgment and
NC: 2025:KHC-K:632
order of acquittal passed in C.C.No.92/2019 which is made
available to this court along with the petition. This court
in Crl.P.No.200245/2024 having appreciated this aspect of
the matter has quashed the entire proceedings as against
accused Nos.2 to 5. Therefore, I am of the opinion that
prayer made by the petitioner in the petition needs to be
granted. Accordingly, I proceed to pass the following:
ORDER
The criminal petition is allowed.
The entire proceedings in C.C.No.17055/2022 arising
out of Crime No.269/2021 pending before the court of I
Additional Civil Judge and JMFC, Kalaburagi, for offences
punishable under Sections 498(A), 323, 504, 506 r/w 34
of IPC and Sections 3 & 4 of Dowry Prohibition Act 1964, is
hereby quashed against the petitioner herein.
Sd/-
(S.VISHWAJITH SHETTY)
JUDGE
DHA
CT:PK
