[Cites 10, Cited by 0]
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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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.
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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
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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
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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
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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
