Karnataka High Court
Mahiboobu Sab @ Mabusab vs The State Of Karnataka on 15 May, 2025
-1-
NC: 2025:KHC-K:2737
CRL.P No. 200747 of 2025
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 15TH DAY OF MAY, 2025
BEFORE
THE HON'BLE MR. JUSTICE RAJESH RAI K
CRIMINAL PETITION NO.200747 OF 2025
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. MAHIBOOBU SAB @ MABUSAB
S/O SADDAM HUSENA SAB,
AGE: 33 YEARS, OCC: AGRICULTURE,
R/O DEVATAGAL VILLAGE-584111,
TQ. DEODURGA, DIST. RAICHUR.
2. SADDAMA HUSENA SAB @ HUSEN SAB
S/O KHASIM SAB,
AGE: 65 YEARS, OCC: HOUSE HOLD,
R/O DEVATAGAL VILLAGE-584111,
TQ. DEODURGA, DIST. RAICHUR.
3. PEERAMMA @ PIRAMMA
Digitally signed
by RENUKA W/O SADDAMA HUSENA SAB @ HUSEN SAB,
Location: AGE: 55 YEARS, OCC: HOUSE HOLD,
HIGH COURT
OF R/O DEVATAGAL VILLAGE-584111,
KARNATAKA
TQ. DEODURGA, DIST. RAICHUR.
4. KHASIM BEE @ KHASIMBI
D/O SADDAMA HUSENA SAB @ HUSEN SAB,
AGE: 24 YEARS, OCC: HOUSE HOLD,
R/O DEVATAGAL VILLAGE-584111,
TQ. DEODURGA, DIST. RAICHUR.
...PETITIONERS
(BY SRI. LIYAQAT FAREED USTAD, ADVOCATE)
-2-
NC: 2025:KHC-K:2737
CRL.P No. 200747 of 2025
AND:
1. THE STATE OF KARNATAKA,
THROUGH JALAHALLI PS,
DEVADURGA RURAL CIRCLE, DISTRICT RAICHUR,
REPRESENTED BY THE ADDL. SPP,
HIGH COURT OF KARNATAKA,
BENCH AT KALABURAGI-585 107.
2. NOORAJAN BEGHAM W/O MAHIBOOBU SAB,
AGE: 30 YEARS, OCC: HOUSE HOLD,
R/O DEVATAGAL VILLAGE-584111,
TQ. DEVDURGA, DIST. RAICHUR.
...RESPONDENTS
(BY SRI. JAMADAR SHAHABUDDIN, HCGP FOR R1;
SRI. MALIK PASHA MAUZAN, ADV. FOR R2)
THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C.
(OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE
FIR AND COMPLAINT IN CRIME NO.57/2025 FOR THE OFFENCE
PUNISHABLE U/SEC. 85, 115(2), 351(2), 352 R/W 3(5) OF THE
BHARATIYA NYAYA SANHITA (BNS) ACT 2023, BY THE
RESPONDENT NO.1 JALAHALLI PS, WHICH IS PENDING ON THE
FILE OF PRL. CIVIL JUDGE (SR.DN.) AND CJM COURT
DEODURGA RAICHUR DIST.
THIS PETITION COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE RAJESH RAI K
-3-
NC: 2025:KHC-K:2737
CRL.P No. 200747 of 2025
ORAL ORDER
(PER: HON'BLE MR. JUSTICE RAJESH RAI K)
This petition is filed under Section 528 of BNSS to
quash the proceeding in Crime No.57/2025 dated
02.04.2025 filed by the Jalhalli Police Station against the
petitioners/accused Nos.1 to 4 for the offences under
Section 85, 115(2), 351(2) & 352 read with Section 3(5)
of BNSS, 2023.
2. The factual matrix of the prosecution case is
that respondent No.2 being the wife of petitioner No.1,
their marriage solemnized in the year 2016, out of
wedlock two children were born, thereafter, the accused
No.1 started to quarrel with her by suspecting her fidelity.
As such, she has lodged the complaint. On the strength of
the said compliant, FIR came to be registered as stated
supra.
3. Presently, the parties have settled their dispute
amicably and today respondent No.2 is present before this
NC: 2025:KHC-K:2737
Court along with petitioner Nos.1 to 4/accused Nos.1 to 4
and she states that they both settled the dispute amicably
and she is ready to join petitioner No.1. The petitioner
No.1 is ready to take her back to the matrimonial home.
In such circumstance, relying on the judgment of Apex
Court in the case of GIAN SINGH Vs. STATE OF
PUNJAB AND ANOTHER1, though the offence is not
compoundable in nature, I am of the considered the view
that dispute emerged between the family members, the
proceedings need not be continued. Accordingly, I proceed
to pass the following.
ORDER
i. The petition is allowed.
ii. The FIR and further proceedings in Crime
No.57/2025 for the offence punishable
under Sections 85, 115(2), 351(2) & 352
read with Section 3(5) of BNSS, 2023 is
(2012) 10 Supreme Court Cases 303
NC: 2025:KHC-K:2737
hereby quashed is so far as petitioners are
concerned.
Sd/-
(RAJESH RAI K)
JUDGE
TMP
CT: AK
