Sohail Shafeeque Ahemad Hullur S/O. ... vs The State Of Karnataka
2026 Latest Caselaw 2310 Kant

Citation : 2026 Latest Caselaw 2310 Kant
Judgement Date : 13 March, 2026

[Cites 9, Cited by 0]

Karnataka High Court

Sohail Shafeeque Ahemad Hullur S/O. ... vs The State Of Karnataka on 13 March, 2026

Author: Hanchate Sanjeevkumar

Bench: Hanchate Sanjeevkumar

                                                 -1-
                                                             NC: 2026:KHC-D:4063
                                                       CRL.P No. 102290 of 2025


                       HC-KAR




                  IN THE HIGH COURT OF KARNATAKA, AT DHARWAD
                      DATED THIS THE 13TH DAY OF MARCH, 2026
                                          BEFORE
              THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR
                      CRIMINAL PETITION NO.102290 OF 2025
                           (482 OF Cr.PC/528 OF BNSS)

                      BETWEEN:

                      1.   SOHAIL SHAFEEQUE AHEMAD HULLUR
                           S/O. SHFIQ AHEMD HULLUR,
                           AGE: 32 YEARS, OCC: CONTRACTOR.

                      2.   ABIDATABASSUM SHAFEEQUE AHMED HULLUR
                           W/O. SHAFEEQ AHMED HULLUR,
                           AGE: 54 YEARS, OCC: HOUSE WIFE.

                      3.   SHAFEEQUEAHMAD ABDULREHMAN HULLUR,
                           AGE: 66 YEARS, OCC: RETIRED PERSON.

                      4.   JANNAT BI KHADARSAB ZIRATI,
                           AGE: 70 YEARS, OCC: HOUSE WIFE.
Digitally signed by
RAMYA D
Location: HIGH        5.   MOHAMMED RAFI ABDUL RAHIMAN HULLUR,
COURT OF
KARNATAKA                  AGE: 68 YEARS, OCC: RTD. PERSON,
DHARWAD BENCH
DHARWAD                    R/O. ALL ARE PRESENTLY RESIDING OF #28,
                           BHARATHI COLONY, VIDYA NAGAR,
                           HUBBALLI, DHARWAD DIST.-580020.

                                                                     ...PETITIONERS
                      (BY SRI B. ANWAR BASHA, ADVOCATE)

                      AND:

                      1.   THE STATE OF KARNATAKA,
                           THROUGH WOMEN P.S. BELAGAVI,
                            -2-
                                        NC: 2026:KHC-D:4063
                                 CRL.P No. 102290 of 2025


HC-KAR




     REPRESENTED BY ITS
     STATE PUBLIC PROSECUTOR,
     HIGH COURT OF KARNATAKA,
     DHARWAD-580001.

2.   SMT. RABIYA W/O. SOHAIL HULLURA,
     AGE: 32 YEARS, OCC: HOUSEWIFE,
     R/O. #28, BHARATHI COLONY,
     VIDYANAGAR, HUBBALLI,
     DHARWAD DIST.-580020,
     NOW AT KUKKERI, TQ. KHANAPURA,
     DIST. BELAGAVI-591106.

                                              ...RESPONDENTS
(BY SRI DAYANAND SANGRESHI, HCGP FOR R1;
SMT. CHETANA S. BIRAJ, ADV. FOR R2)


      THIS CRIMINAL PETITION IS FILED UNDER SECTION 482
OF THE CODE OF CRIMINAL PROCEDURE, (528 OF BNSS),
PRAYING TO QUASH THE ORDER DATED 15.04.2025 PASSED BY
THE IIIRD JMFC BELAGAVI TAKING COGNIZANCE AGAINST THE
PETITIONERS   IN   C.C.NO.1252/2025   (CRIME    NO.06/2024)
REGISTERED IN WOMEN P.S. BELAGAVI, FOR THE OFFENCE
PUNISHABLE UNDER SECTIONS 115(2), 3(5), 351(2), 352, 85
OF BNS AND 3 & 4 OF DOWRY PROHIBITION ACT 1961, AND
QUASH THE COMPLAINT, FIR AND CHARGE SHEET REGISTERED
IN C.C.NO.1252/2025 BY BELAGAVI WOMEN POLICE PENDING
ON THE FILE THE III RD JMFC, BELAGAVI AND ALL FURTHER
PROCEEDINGS    PURSUANT    THERETO      FOR   THE   OFFENCE
PUNISHABLE UNDER SECTIONS 115(2), 3(5), 352, 85 OF BNS
AND 3 & 4 OF DOWRY PROHIBITION ACT 1961, IN THE
INTEREST OF JUSTICE AND ETC.


      THIS PETITION COMING ON FOR ADMISSION, THIS DAY
ORDER WAS MADE THEREIN AS UNDER:
                                               -3-
                                                                NC: 2026:KHC-D:4063
                                                      CRL.P No. 102290 of 2025


    HC-KAR



CORAM:         THE HON'BLE MR. JUSTICE HANCHATE SANJEEVKUMAR


                                    ORAL ORDER

Though this matter is listed for admission with the

consent of both learned counsel for the petitioner and

learned HCGP for State and learned counsel for respondent

No.2 it is taken for final disposal.

2. This petition is filed by the petitioners/accused

Nos.1 to 5 under Section 528 of the Bharatiya Nagarika

Suraksha Sanhita, 20231, seeking to quash the criminal

proceedings initiated against them with following relief;

i) Quash the order dated 15.04.2025 passed by the Learned III JMFC Belagavi taking congnizance against the petitioners in C.C.No.1252/2025 (Crime No.06/2024 registered in Women P.S.Belagavi) for the offence punishable U/S.115(2), 3(5), 351(2), 352, 85 of BNS and 3 and 4 of Dowry Prohibition Act 1961.

ii) Quash the complaint, FIR and Charge sheet registered in CC No.1252/2025 by Belagavi Women Police pending on the file the Learned III

Hereinafter referred to as "BNSS, 2023"

NC: 2026:KHC-D:4063

HC-KAR

JMFC, Belagavi and all further proceedings pursuant thereto for the offence punishable under Section 115(2), 3(5), 352, 85 of BNS and

3 and 4 of Dowry Prohibition Act 1961 in the interest of justice.

iii) Pass any other order as deems fit by this Hon'ble Court in the fact and circumstance of this case in the interest of justice.

3. Upon perusal of the complaint averments and the

materials placed on record, it is seen that the offences

alleged attract Section 85 of BNS (Section 498A of Cr.P.C)

and other allied offences. The charge sheet filed by the

prosecution prima facie discloses the commission of the

alleged offences.

4. The learned counsel for the petitioners contended

that the dispute between the parties is purely matrimonial

in nature and therefore continuation of the proceedings

would amount to an abuse of the process of the Court.