Karnataka High Court
Mehabub Babar Nadaf vs Mrs Shirin Mehabub Nadaf on 6 February, 2024
Author: N.S.Sanjay Gowda
Bench: N.S.Sanjay Gowda
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NC: 2024:KHC-D:2566
CRL.P No. 101295 of 2020
IN THE HIGH COURT OF KARNATAKA,
DHARWAD BENCH
DATED THIS THE 6TH DAY OF FEBRUARY, 2024
BEFORE
THE HON'BLE MR JUSTICE N.S.SANJAY GOWDA
CRIMINAL PETITION NO. 101295 OF 2020
BETWEEN:
1. MEHABUB BABAR NADAF,
AGE: 40 YEARS, OCC: DEPUTY ENGINEER,
R/O: EDIL (INDIA) LTD.,
A GOVERNMENT OF INDIA ENTERPRISES,
A MINI RATNA COMPANY, 18/A EDCIL
(HOUSE FILM CITY SEC.16A, NOIDA,
UTTARA PRADESH-201301.
2. MR. BABARSAHEB RAJASAHEB NADAF,
AGE: 65 YEARS, OCC: RETIRED TEACHER,
R/O: SHARANABASAVESHWAR NAGAR,
NEAR SCHOOL NO.6, GADAG, BETAGERI,
GADAG-582102.
Digitally
signed by
MANJANNA
MANJANNA E
E Date:
2024.02.08
3. MRS. BIBIJAN BABARSAHEB NADAF,
11:14:56
+0530
AGE: 60 YEARS, OCC: HOUSE WIFE,
R/O: SHARANABASAVESHWAR NAGAR,
NEAR SCHOOL NO.6, GADAG, BETAGERI,
GADAG-582102.
4. MR. NAIMUDDIN BABARSAHEB NADAF,
AGE: 36 YEARS, OCC: NOT KNOWN,
R/O: SHARANABASAVESHWAR NAGAR,
NEAR SCHOOL NO.6, GADAG, BETAGERI,
GADAG-582102.
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NC: 2024:KHC-D:2566
CRL.P No. 101295 of 2020
5. MRS. RAJIYA NAIMUDDIN NADAF,
AGE: 30 YEARS, OCC: HOUSE WIFE,
R/O: SHARANABASAVESHWAR NAGAR,
NEAR SCHOOL NO.6, GADAG, BETAGERI,
GADAG-582102.
6. MRS. KHUTEJABIBEGAM DAWOODALI NADAF,
AGE: 38 YEARS, OCC: PRIVATE TEACHER,
R/O: SHARANABASAVESHWAR NAGAR,
NEAR SCHOOL NO.6, GADAG, BETAGERI,
GADAG-582102.
7. MRS. SHAHANAJ KHARDARALI NADAF,
AGE. 38 YEARS, OCC. SCHOOL TEACHER,
R/O. C/O . KHADALI NADAF TUITUTION,
NEAR CHAVADI, SHIGGAON,
DISTRICT HAVERI-581110.
... PETITIONERS
(BY SRI. HARSHAWARDHAN M. PATIL, ADVOCATE)
AND:
MRS SHIRIN MEHABUB NADAF,
AGE. 34 YEARS, OCC. HOUSE WIFE,
R/O C/O. PLOT NO.2683, SECTOR NO.12,
MALMARUTI EXTN., BELAGAVI-590001.
... RESPONDENT
(BY SRI. N.G. RASALKAR, ADVOCATE)
THIS CRIMINAL PETITION IS FILED U/S 482 OF
CR.P.C., PRAYING TO QUASH THE COMPLAINT AND
CRIMINAL PROCEEDINGS FILED BY THE RESPONDENT FOR
THE OFFENCES PUNISHABLE U/S 12, 18, 19, 20 AND 22
OF D.V. ACT, PENDING ON THE FILE OF HON'BLE II JMFC,
BELAGAVI UNDER CRL.MISC.NO.158/2020 IN THE
INTEREST OF JUSTICE AND EQUITY.
THIS PETITION, COMING ON FOR ADMISSION, THIS
DAY, THE COURT MADE THE FOLLOWING:
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CRL.P No. 101295 of 2020
ORDER
1. This petition has been filed challenging the proceedings initiated under the provisions of the Domestic Violence Act.
2. An application seeking for protection order, residence order and compensatory order is challenged by the petitioners.
3. Admittedly the proceedings have been initiated in the year 2020 and according to the respondent though an order of maintenance has been passed, the same has not been complied with.
4. It is also the case of the respondent that the proceedings are being unnecessarily dragged and as a consequence, the respondent is severely prejudiced.
5. In my view, having regard to the fact that the proceedings have been initiated in the year 2020 and the -4- NC: 2024:KHC-D:2566 CRL.P No. 101295 of 2020 trial is underway, there is no justification for entertaining this petition. Consequently, the petition is dismissed.
Sd/-
JUDGE VNP*/CT:BCK List No.: 1 Sl No.: 62