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Ismail Zabiulla vs The State Of Karnataka on 30 August, 2018

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IN THE HIGH COURT OF KARNATAKA AT BENGALURU

DATED THIS THE 30TH DAY OF AUGUST, 2018

BEFORE

THE HON’BLE MR.JUSTICE JOHN MICHAEL CUNHA

CRIMINAL PETITION NO.3573 OF 2017

BETWEEN:

1. ISMAIL ZABIULLA
AGED ABOUT 27 YEARS
S/O ABDUL BASEER

2. ABDUL BASEER
AGED ABOUT 57 YEARS
S/O LATE ABDUL SUBHAN

3. SMT.TASNEEM BANO
AGED ABOUT 53 YEARS
W/O ABDUL BASEER

4. SMT.TABASSUM BANO
AGED ABOUT 48 YEARS
W/O MOHAMMED SIRAJ K.

5. MOHAMMAD SIRAJ K.
AGED ABOUT 55 YEARS
S/O ABDUL KHADER

6. ABDUL KAREEM
AGED ABOUT 54 YEARS
S/O ABDUL SUBHAN

PETITIONERS NO.1 TO 6
R/AT NO.16, 16TH CROSS,
MARIYAMMA KOIL STREET
JAI BHARATHNAGAR
BENGALURU – 560 033

7. AFROOZ
AGED ABOUT 42 YEARS
S/O ABDUL SUBHAN
2

SARAYI PALYA
HEGADE NAGAR
BENGALURU – 560 077

8. ILYAZ
AGED ABOUT 59 YEARS
S/O ABDUL SUBHAN
ABOVE BALAJI SERVICE STATION
KAMMANAHALLI
BENGALURU – 560 033 …PETITIONERS

(BY SRI PRABHUGOUD B. TUMBIGI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
BY BANASWADI POLICE
BENGALURU
REPRESENTED BY SPP
HIGH COURT BUILDING
BENGALURU – 560 001

2. JAINAB JANNAT KHAN
D/O KUDRATH KHAN
AGED ABOUT 20 YEARS
R/AT NO.18/2,
MARIYAMMA KOIL STREET
JAI BHARATH NAGARA
M S NAGAR POST
BENGALURU – 560 033 …RESPONDENTS

(BY SRI S.RACHAIAH, HCGP FOR R-1;
SRI BALAKRISHNA, ADVOCATE FOR R-2 [Absent])

THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
CR.P.C., PRAYING TO QUASH THE FIR AND COMPLAINT IN CRIME
NO.112/2017 REGISTERED BY THE BANASWADI POLICE,
BENGALURU FOR THE OFFENCES P/U/S 3 AND 4 OF D.P.ACT, 1961
AND SEC.376(A), 506, 498(A), 504, 384, 420 OF IPC, 1860
AGAINST THE PETITIONERS.

THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS
DAY, THE COURT MADE THE FOLLOWING:
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ORDER

Petitioners have sought to quash the F.I.R. registered

against them for the offences punishable under Sections

376A, 506, 498A, 504, 384 and 420 of IPC.

2. Heard the learned Counsel for the petitioners, learned

High Court Government Pleader for respondent No.1/State

and perused the records. Counsel for respondent No.2 is

absent.

3. The material allegations made against the petitioners

are that, on 25.11.2016 at about 5.30 p.m., the petitioners

herein came to the house of the parents of second respondent

and forcibly took her signatures on four to five e-Stamp

papers at the knife point and later made use of the said

signatures to create a document of Talaq.

4. Though the learned Counsel for the petitioners

contends that the entire family members and the relatives of

accused No.1 have been roped in the alleged offence, without

there being any prima facie overt acts attributed to any of

them, these matters are required to be considered by the

Investigating Officer. At the time of conducting the

investigation, if the Investigating Officer is not in a position to
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gather necessary evidence in proof of the involvement of the

petitioners, it is always open for the Investigating Officer to

drop the charges in respect of such persons. Therefore, at

this stage, this Court cannot pre-judge the issue. As the

allegations made in the FIR attract the criminal offences

alleged against the petitioner, FIR cannot be quashed.

5. It is also noticed that the FIR is registered for the

offences under Sections 376A and 384 of IPC. But the

allegations made in the said complaint do not even remotely

attract the said offences insofar as the petitioners are

concerned. The Investigating Officer shall take note of this

fact while investigating into the matter.

With this observation, the petition stands disposed of.

The Investigating Officer shall expedite the investigation

and file the final report before the jurisdictional court as

expeditiously as possible within two months from the date of

communication of this order.

Sd/-

JUDGE

KNM/-

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