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NC: 2024:KHC-K:191

CRL.P No. 201799 of 2023

IN THE HIGH COURT OF KARNATAKA

KALABURAGI BENCH

DATED THIS THE 5^TH DAY OF JANUARY, 2024

BEFORE

THE HON'BLE MR. JUSTICE RAJENDRA BADAMIKAR

CRIMINAL PETITION NO. 201799 OF 2023 (482)

BETWEEN:

1.

MAHEBOOB ALI S/O LATE NABI SAB

AGE 63 YEARS, OCCUPATION AGRICULTURE

R/O BANDENAWAZ COLONY, RAICHUR-584101.

2.

AZEEZ S/O MAHEBOOB ALI

AGE 32 YEARS, OCCUPATION DRIVER

R/O BANDENAWAZ COLONY, RAICHUR-584101.

3.

AFREEN BEGUM W/O JALEEL

AGE 33 YEARS, OCCUPATION HOUSEHOLD

R/O BANDENAWAZ COLONY, RAICHUR-584101.

…PETITIONERS

(BY SRI. LIYAQAT FAREED USTAD, ADVOCATE)

AND:

1.

THE STATE THROUGH RAICHUR WOMEN POLICE

STATION, RAICHUR EAST CIRCLE

DISTRICT RAICHUR, REPRESENTED THROUGH

ADDITIONAL PUBLIC PROSECUTOR, HIGH COURT OF

KALABURAGI BENCH-585107.

2.

SMT. KOUSAR SAMDANI W/O SARFARAZ

NAWAZ H.NO.337 NAGESH COPAN NEAR

Digitally signed by

SHILPA R

TENIHALLI

Location: HIGH

COURT OF

KARNATAKA

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CRL.P No. 201799 of 2023

LBS NAGAR, RAICHUR-584101.

…RESPONDENTS

(BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1)

THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO

QUASH THE ENTIRE FURTHER PROCEEDINGS IN BEARING

C.C.NO. 1809/2023 IN CRIME NO. 38/2023 FILE BY THE

RESPONDENT NO.1 IN RAICHUR WOMEN CITY PS RAICHUR

FOR THE OFFENCES PUNISHABLE U/SEC. 498(A), 323, 504,

506, R/W 34 OF THE IPC. ON PENDING FILE OF THE 2ND

ADDL. CIVIL JUDGE (JN.DN) AND JMFC RAICHUR IN C.C.NO.

1809/2023, IN THE INTEREST OF JUSTICE AND EQUITY.

THIS PETITION COMING ON FOR ADMISSION, THIS DAY,

THE COURT MADE THE FOLLOWING:

ORDER

The petitioner is seeking quashing of the entire

proceedings in C.C.No.1809/2023 arising out of Crime

No.38/2023 on the file of Raichur Women City police

station, registered for the offences under Sections 498A,

323, 504, 506 read with Section 34 of IPC, pending on the

file of the learned II Additional Civil Judge (Jr.Dn.) and

JMFC, Raichur.

2.

On perusal of the records, it is evident that the

Investigating Officer has recorded the statement of the

material witnesses, who have supported the case of the

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CRL.P No. 201799 of 2023

prosecution. The petitioners have not produced the detail

statement of the material witnesses. The copy of the

charge sheet has been produced by the learned High Court

Government Pleader for perusal including statement of

witnesses.

3.

The offence alleged is under Section 498-A of

IPC. There is no dispute regarding relationship between

the parties. Further, the records also disclose that

accused Nos.2 and 4 i.e., petitioner Nos.1 and 3 have

already obtained anticipatory bail. There is prima facie

materials as against the present petitioners so as to

proceed with the trial.

4.

In view of the decision of the Hon'ble Apex

Court in the case of M/s. Neeharika Infrastructure Pvt.

Ltd., vs. State of Maharashtra and Others reported in

AIR 2021 SC 1918, this is not a case falling under the

exceptions or in a category of rarest of rare case, so as to

quash the entire proceedings. If advised, the petitioners

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CRL.P No. 201799 of 2023

can approach the learned Magistrate for discharge, but,

instead of doing so they have filed the present petition for

quashing of the entire proceedings. The petition being

devoid

of

any

merits

and

does

not

survive

for

consideration. Accordingly, I proceed to pass the

following:

ORDER

The petition stands dismissed.

In view of disposal of the main petition, pending

application does not survive for consideration and the

same is dismissed.

Sd/-

JUDGE

SRT

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