Karnataka High Court
Khamarunnisa And Ors vs The State Through And Anr on 3 February, 2025
Author: S.Vishwajith Shetty
Bench: S.Vishwajith Shetty
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NC: 2025:KHC-K:763
CRL.P No. 200647 of 2024
IN THE HIGH COURT OF KARNATAKA,
KALABURAGI BENCH
DATED THIS THE 3RD DAY OF FEBRUARY, 2025
BEFORE
THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY
CRIMINAL PETITION NO.200647 OF 2024
(482(Cr.PC)/528(BNSS))
BETWEEN:
1. KHAMARUNNISA W/O KHAJA MOINUDDIN,
AGE: 58 YEARS, OCC: HOUSEWIFE,
R/O. REHAMAT NAGAR, NEAR HUDA MASJID,
KALABURAGI-585102.
2. KHAJA MOINUDDIN S/O KHASIMSAB,
AGE: 68 YEARS,
OCC: RETIRED GOVT. SERVANT,
R/O. REHAMAT NAGAR, NEAR HUDA MASJID,
KALABURAGI-585102.
Digitally signed 3. AFRIN ANJUM W/O SYED IRFAN,
by SHIVAKUMAR
HIREMATH AGE: 30 YEARS, OCC: HOUSEWIFE,
R/O. REHAMAT NAGAR, NEAR HUDA MASJID,
Location: HIGH
COURT OF KALABURAGI-585102.
KARNATAKA
4. NUZHAT NAJNEEN W/O YUSUF SAUDI,
AGE: 35 YEARS, OCC: TEACHER,
R/O. REHAMAT NAGAR, NEAR HUDA MASJID,
KALABURAGI-585102.
5. IMTIYAZ AHMED S/O KHAJA MOINUDDIN,
AGE: 37 YEARS, OCC: ENGINEER,
R/O. REHAMAT NAGAR, NEAR HUDA MASJID,
KALABURAGI-585102.
6. MOHAMMED YUSUF S/O JAVEED BANGI,
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NC: 2025:KHC-K:763
CRL.P No. 200647 of 2024
AGE: 37 YEARS, OCC: ENGINEER,
R/O. REHAMAT NAGAR, NEAR HUDA MASJID,
KALABURAGI-585102.
7. MAHEBOOB S/O GUMAL HUSSAIN,
AGE: 55 YEARS, OCC: BUSINESS AND
AGRICULTURE,
R/O. JANATA MEDICAL STORE, DEVADURGA,
TQ. DEODURGA, DIST. RAICHUR-584111.
...PETITIONERS
(BY SRI AVINASH A. UPLAONKAR, ADVOCATE)
AND:
1. THE STATE THROUGH
KALABURAGI CITY WOMEN POLICE STATION,
DIST. KALABURAGI,
NOW REPRESENTED BY
ADDL. SPP HIGH COURT OF KARNATAKA,
KALABURAGI BENCH-585107.
2. HINA KOUSER W/O AEJAZ AHMED,
AGE: 32 YEARS, OCC: HOUSEWIFE,
R/O. REHMAT NAGAR, NEAR HUDA MASJID,
KALABURAGI,
NOW R/ AT ETTIHAD COLONY,
HAGARAGA ROAD, KALABURAGI,
DIST. KALABURAGI-585102.
...RESPONDENTS
(BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1;
SRI G.S. BIRADAR, ADVOCATE FOR R2)
THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO
EXERCISE INHERENT POWERS U/SEC. 482 CR.P.C. EXAMINE
THE RECORDS AND QUASH THE PROCEEDINGS IN CC NO.
10996/2023 (CRIME NO. 86/2023 OF KALABURAGI WOMEN
POLICE STATION, DIST. KALABURAGI) FOR THE OFFENCES
U/SEC. 498(A), 323, 504, 506 R/W 34 OF IPC, IS PENDING ON
THE FILE OF I ADDL. CIVIL JUDGE AND J.M.F.C. COURT AT
KALABURAGI, AGAINST THE PETITIONERS.
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NC: 2025:KHC-K:763
CRL.P No. 200647 of 2024
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) Accused Nos.2 to 8 in C.C.No.10996/2023 pending before the Court of I Additional Civil Judge and JMFC, Kalaburagi, arising out of Crime No.86/2023, registered by Kalaburagi Women Police Station, Kalaburagi, for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of IPC, are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings as against them.
2. Heard learned counsel for the parties.
3. FIR in Crime No.86/2023, registered by Kalaburagi Women Police Station, Kalaburagi for the aforesaid offences against Aejaz Ahmed and the petitioners herein on the basis of the first information submitted by respondent No.2 herein, who is the wife of accused No.1 - -4-
NC: 2025:KHC-K:763 CRL.P No. 200647 of 2024 Aejaz Ahmed. After investigation, charge sheet has been filed against all the accused persons. The petitioners herein are arrayed as accused Nos.2 to 8 in the charge sheet. Being aggrieved by the impugned criminal proceedings initiated against them based on the charge sheet filed in Crime No.86/2023, the petitioners are before this Court.
4. Learned counsel for the petitioners having reiterated the grounds urged in the petition submits that undisputedly accused No.1 and respondent No.2 were staying in Dubai after their marriage. In the year 2019, respondent No.2/wife came back from Dubai and thereafter, she has been staying in her parents house. The petitioners are the close relatives of accused No.1 and only for the said reason, by making false and baseless allegations they have been arraigned as accused in the present case. Accordingly, he prays to allow the petition.
5. Per contra, learned High Court Government Pleader appearing for respondent No.1 and learned -5- NC: 2025:KHC-K:763 CRL.P No. 200647 of 2024 counsel appearing for respondent No.2 have opposed the petition. They submit that charge sheet has been already filed as against all the accused persons and the charge sheet material makes out a prima facie case against all the accused persons. Accordingly, they pray to dismiss the petition.
6. Material on record would go to show that marriage between accused No.1 and respondent No.2 was performed on 06.01.2015. After the marriage, accused No.1 had taken his wife to Dubai along with him and they had stayed there for a period of about one and a half years. In the first information, it is stated that respondent No.2/wife had returned from Dubai in the month of June, 2019 and thereafter, she has taken shelter in her parents' house. On 16.06.2023, accused No.1 returned from Dubai and thereafter, respondent No.2 allegedly went to his house and the incident in question had taken place. From the aforesaid facts, it is very clear that respondent No.2 was never residing with the petitioners herein for the last -6- NC: 2025:KHC-K:763 CRL.P No. 200647 of 2024 several years. The petitioners herein are the parents and other siblings of accused No.1. By making general and omnibus allegations as against them, they have been arraigned as accused in the present case.
7. The Hon'ble Supreme Court in the case of PREETI GUPTA AND ANOTHER VS. STATE OF JHARKHAND AND ANOTHER1 has held as follows:
"32. It is matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts of our country including this Court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.
33. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fiber of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints.1
(2010) 7 SCC 667 -7- NC: 2025:KHC-K:763 CRL.P No. 200647 of 2024 Majority of the complaints are filed either on their advice or with their concurrence. The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under section 498-A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that social fiber, peace and tranquility of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases.
34. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations.
35. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a Herculean task in majority of these complaints.-8-
NC: 2025:KHC-K:763 CRL.P No. 200647 of 2024 The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complainant are required to be scrutinized with great care and circumspection.
8. Further, the Hon'ble Supreme Court in the Case of TARBEZ KHAN ALIAS GUDDU & OTHERS VS STATE OF UTTAR PRADESH & ANOTHER2 and in the case of SEENIVASAN VS THE STATE BY INSPECTOR OF POLICE3, has observed that in the absence of specific allegations, which would attract the offences, an attempt 2 (2019)4 SCC 615 3 (2019)8 SCC 642 -9- NC: 2025:KHC-K:763 CRL.P No. 200647 of 2024 to implicate the near relatives of the husband cannot be permitted.
9. This Court in the case of ASMA KHANUM @ NOOR ASMA & OTHERS VS. STATE OF KARNATAKA & ANOTHER4 has held that when the material on record would go to show that the petitioners, who are close relatives of husband, are married and residing separately and when the complaint lacks specific allegations so as to implicate the petitioners for the offences alleged against them, such criminal prosecution shall not be allowed to continue.
10. Under the circumstances, I am of the opinion that the prayer made by the petitioners to quash the entire proceedings in the aforesaid case as against them needs to be granted . Accordingly, following order is passed.
ORDER The criminal petition is allowed.
4 2020(6) KAR.L.J.90
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NC: 2025:KHC-K:763 CRL.P No. 200647 of 2024 The entire proceedings in C.C.No.10996/2023 pending before the Court of I Additional Civil Judge and JMFC, Kalaburagi, arising out of Crime No.86/2023, registered by Kalaburagi Women Police Station, Kalaburagi, for the offences punishable under Sections 498-A, 323, 504, 506 read with Section 34 of IPC, as against the petitioners/accused Nos.2 to 8 stands quashed.
Sd/-
(S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 22 CT:PK