Azeem Mohammadhaniph Khalipha vs The State Of Karnataka

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Azeem Mohammadhaniph Khalipha vs The State Of Karnataka on 6 March, 2026

-1-
NC: 2026:KHC:13733
CRL.P No. 5771 of 2025
C/W CRL.P No. 3895 of 2025
CRL.P No. 5590 of 2025
HC-KAR

             IN THE HIGH COURT OF KARNATAKA AT BENGALURU

                  DATED THIS THE 6TH DAY OF MARCH, 2026

                                  BEFORE
                   THE HON'BLE MR. JUSTICE R. NATARAJ
                   CRIMINAL PETITION NO. 5771 OF 2025
                                  C/W
                   CRIMINAL PETITION NO. 3895 OF 2025,
                   CRIMINAL PETITION NO. 5590 OF 2025

        IN CRL.P No. 5771/2025:

        BETWEEN:

        1.    MR. AZEEM KHALIPHA @
              AZEEM MOHAMMADHANIPH KHALIPHA
              AGED ABOUT 34 YEARS,
              S/O. MOHAMAD ANIPH SULTAN KHALIPHA
              @ MOHAMAD HANIPH

        2.    MR. HANEEF KHALIPHA @
              MAHAMADHANIPH SULTAN KHALIPHA
              AGED ABOUT 83 YEARS,
              S/O. SULTHAN KHALIPHA

Digitally 3. MRS. FIROZA KHALIPHA,
signed by @ FIROJA MAHAMADHANIPH KHALIPHA,
SUMA AGED ABOUT 58 YEARS,
Location:
HIGH W/O. MOHAMMED HANIPH KHALIPHA
COURT OF
KARNATAKA 4. SRI. SUHAIL @ SUHAIL
MAHAMADHANIPH KHALIPHA,
AGED ABOUT 27 YEARS,
S/O. MOHAMAD ANIPH SULTAN KHALIPHA,
@ MOHAMMED HANIPH KHALIPHA

              PETITIONERS NOS.1-4 ARE
              RESIDING AT DOCTOR COLONY,
              BEHIND CITY HOSPITAL,
              GADHINGLAJ, KOLHAPUR,
              MAHARASHTRA - 416502.
                           -2-
                                        NC: 2026:KHC:13733
                                    CRL.P No. 5771 of 2025
                                C/W CRL.P No. 3895 of 2025
                                    CRL.P No. 5590 of 2025

HC-KAR

1. MRS. ZARINA MAGI,
   AGED ABOUT 40 YEARS,
   W/O. AKHTAR HUSSAIN MAGI

   RESIDING AT:
   137/1, STATION ROAD,
   OPP. TO NEW GUMBAZ MASJID,
   SWAMI CHIDANAND LANE,
   VIJAYAPUR - 586104.

2. MR. MOHAMMED ARIF
   RASULSAHEB NANDAGAON,
   AGED ABOUT 46 YEARS,
   S/O. RASUL SAHEB NANDAGON

3. MR. MOHAMED IRFAN
   RASUL SAHEB NANDAGAON,
   AGED ABOUT 47 YEARS,
   S/O. RASUL SAHEB NANDAGON

   PETITIONER NOS.6 AND 7
   ARE RESIDING AT S.S. ROAD,
   ATHANI, BELAGAVI DISTRICT- 591304.
   ...PETITIONERS
   (BY SRI. HITESH D. ADVOCATE FOR
   SRI. SIDDHARTH B MUCHANDI., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
   BY CHANNAGIRI P.S.,
   CHANNAGIRI CITY, REP. BY SPP,
   HIGH COURT OF KARNATAKA,
   HIGH COURT BUILDING,
   AMBEDKAR VEEDHI,
   BANGALORE-560001.

2. MR. SHARFUDEEN,
   AGED ABOUT 62 YEARS,
   S/O. KHAJIM SHAMSHUDEEN,
   R/A. KHAJI MOHALLA CHANNAGIRI TOWN,
   CHANNAGIRI,
   DAVANGERE TALUK- 577213.
   ...RESPONDENTS
   -3-
   NC: 2026:KHC:13733
   CRL.P No. 5771 of 2025
   C/W CRL.P No. 3895 of 2025
   CRL.P No. 5590 of 2025
   HC-KAR

(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. ROHAN S., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
PRAYING TO QUASH THE FIR FOR THE ALLEGED OFFENCE
PUNISHABLE UNDER SECTIONS 115(2), 118(1), 189(1), 190,
191(1), 351(2), 352 AND 74 OF BNS, BEFORE PRL. CIVIL JUDGE (JR.
DIVISION) AND JMFC COURT CHANNAGIRI, DAVANGERE IN CRIME
NO.109/2025 AT CHANNAGIRI POLICE STATION.

IN CRL.P NO. 3895/2025

BETWEEN:

1. AZEEM MOHAMMAD HANIPH KHALIPHA
   AGED ABOUT 34 YEARS,
   S/O. MAHAMADH HANIPH

2. SUHAIL MOHAMMED HANIPH KHALIPHA
   AGED ABOUT 30 YEARS,
   S/O. MAHAMADH HANIPH

3. MAHAMMED HANIPH
   AGED ABOUT 62 YEARS,
   S/O. SULTAN KHALIPHA

   PETITIONERS NOS. 1-3 ARE
   RESIDING AT DOCTOR COLONY,
   BEHIND CITY HOSPITAL,
   GADHINGLAJ, KOLHAPUR,
   MAHARASHTRA - 416502.

4. MOHAMMED IRFAN
   AGED ABOUT 46 YEARS,
   S/O RASUL SAHEB NANDAGAON,

5. MR. MOHAMMED AREEF,
   AGED ABOUT 45 YEARS,
   S/O. RASUL SAHEB NANDAGAON

   PETITIONER NOS. 4 AND 5 ARE
   RESIDING AT NANDASAMILL,
   S.S. ROAD, ATHANI,
   BELAGAVI DISTRICT - 591304.
   ...PETITIONERS
   -4-
   NC: 2026:KHC:13733
   CRL.P No. 5771 of 2025
   C/W CRL.P No. 3895 of 2025
   CRL.P No. 5590 of 2025
   HC-KAR

(BY SRI. HITESH D., ADVOCATE FOR
SRI. SIDDHARTH B. MUCHANDI., ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
   BY KOTE P.S., SHIVAMOGGA,
   REP. BY SPP, HIGH COURT OF KARNATAKA,
   HIGH COURT BUILDING,
   AMBEDKAR VEEDHI,
   BANGALORE-560001.

2. MR. SHARFUDDIEN @ ANEES,
   AGED ABOUT 62 YEARS,
   S/O. KHAZA MAHAMMED,
   R/A. KHAJI MOHALLA,
   CHANNAGIRI TOWN,
   SHIVAMOGGA - 577213.
   ...RESPONDENTS

(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. ROHAN S., ADVOCATE FOR R2)

 THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)

PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN
C.C.NO.19/2025 ON THE FILE OF THE LEARNED PRL. SENIOR CIVIL
JUDGE AND CJM, SHIVAMOGGA FOR THE ALLEGED OFFENCE P/U/S
189(3), 191(2), 126(2), 115(2), 352, 351(2), 190 OF BNS.

IN CRL.P NO. 5590/2025:

BETWEEN:

1 MR. AZEEM MOHAMMADHANIPH KHALIPHA,
@ AZEEM KHALIPHA
AGED ABOUT 34 YEARS,
S/O. MOHAMAD ANIPH SULTAN KHALIPHA
@ MAHAMAD HANIPH @ HANIPH KHALIPHA

1. MRS. FEROZA KHALIPHA
   @ FEROZA MAHAMADHANIPH KHALIPHA,
   AGED ABOUT 58 YEARS,
   W/O. MOHAMMED HANIPH KHALIPHA @ HANIPH KHALIPHA
   -5-
   NC: 2026:KHC:13733
   CRL.P No. 5771 of 2025
   C/W CRL.P No. 3895 of 2025
   CRL.P No. 5590 of 2025
   HC-KAR

2. MR. MOHAMADHANIPH SULTAN KHALIPHA
   @ HANIPH KHALIPHA
   AGED ABOUT 83 YEARS
   @ MOHAMMAD KHALIPHA
   S/O. SULTAN KHALIPHA

3. SRI. SUHAIL MAHAMADHANIPH KHALIPHA,
   AGED ABOUT 27 YEARS,
   S/O. MOHAMAD HANIPH SULTAN KHALIPHA
   @ MOHAMAD HANIPH @ HANIPH KHALIPHA

   PETITIONERS NOS. 1-4 ARE RESIDING AT
   DOCTOR COLONY, BEHIND CITY HOSPITAL,
   GADHINGLAJ, KOLHAPUR,
   MAHARASHTRA- 416502.
   ...PETITIONERS

(BY SRI. HITESH D., ADVOCATE FOR
SRI. SIDDHARTH B. MUCHANDI, ADVOCATE)

AND:

1. THE STATE OF KARNATAKA
   BY THE SOUTH WOMEN P.S
   BANGALORE CITY, REP. BY SPP,
   HIGH COURT OF KARNATAKA,
   HIGH COURT BUILDING,
   AMBEDKAR VEEDHI,
   BANGALORE-560001.

2. MRS. HIFZIA NOORAIN BIN SHARFUDIN,
   AGED ABOUT 26 YEARS,
   W/O. MR. MOHHAMAD HANIPH AZEEM KHALIPHA,
   @ HANIPH KHALIPHA
   R/AT NO. 48/20, METRO ROYALE APARTMENT
   4TH FLOOR, SOUTH END CIRCLE,
   BANGALORE- 560 004.
   ...RESPONDENTS

(BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1;
SRI. ROHAN S., ADVOCATE FOR R2)
THIS CRL.P FILED U/S 482 CR.PC (FILED U/S 528 BNSS)
-6-
NC: 2026:KHC:13733
CRL.P No. 5771 of 2025
C/W CRL.P No. 3895 of 2025
CRL.P No. 5590 of 2025
HC-KAR

PRAYING TO QUASH THE FIR FOR THE ALLEGED OFFENCES P/U/S
498A, 323, 504, 506 OF IPC AND SECTIONS 3 AND 4 OF DOWRY
PROHIBITION ACT, 1961 IN CRIME NO.121/2024 BY SOUTH
WOMEN POLICE BANGALORE BEFORE XXXVII ADDL.JUDGE, SMALL
CAUSES COURT, CITY COURT COMPLEX, BANGALORE CITY.

  THESE PETITIONS ARE COMING ON FOR ADMISSION, THIS

DAY, ORDER WAS MADE THEREIN AS UNDER:

CORAM: HON'BLE MR. JUSTICE R. NATARAJ

                      ORAL ORDER Criminal Petition No.5771/2025 is filed praying to quash

the FIR in Cr.No.109/2025 by respondent No.1/State for the

offences punishable under Sections 115(2), 118(1), 189(1), 190, 191(1), 351(2), 352 and 74 of Bharatiya Nyaya Sanhita

(henceforth referred to as 'BNS, 2023' for short).

1. Criminal Petition No.3895/2025 is filed praying to

quash C.C.NO.19/2025 in Cr.No.163/2024 pending on the file

of the learned Principal Senior Civil Judge and CJM,

Shivamogga for the offences punishable under Sections 189(3), 191(2), 126(2), 115(2), 352, 351(2), 190 of BNS, 2023.

1. Criminal Petition No.5590/2025 is filed praying to

quash the FIR in Crime No.121/2024 registered by respondent

                                                NC: 2026:KHC:13733

HC-KAR

No.1 for the offences punishable under Sections 498A, 323, 504, 506 of IPC and Sections 3 and 4 of Dowry Prohibition Act,

1961 pending before XXXVII Addl.Judge, Small Causes Court,

City Court Complex, Bangalore City.

1. When these petitions are listed today for admission,

the parties have filed an application under Section 359 of

Bharatiya Nagarik Suraksha Sanhita, 2023 read with Section

528 of Bharatiya Nagarik Suraksha Sanhita, 2023, which reads

as follows:

"The petitioners and respondent No.2 humbly
submit as follows:

1. The Petitioners have filed the above Criminal Petitions seeking to quash the FIR(s) and to close further proceedings in the connected matters, as detailed below:

a) In Crl.P.No.5771/2025 arising out of Crime
No.109/2024, registered for the offences
punishable under Sections 115(2), 118(1),
189(1), 190, 191(1), 351(2), 352 and 74 of BNS
read on the basis of a complaint lodged by
Respondent no.2 before the Respondent No.1
Police Station.

b) In Crl.P.No.5590/2025 arising out of Crime
No.121/2024, registered for the offences

NC: 2026:KHC:13733

HC-KAR

punishable under Sections 498A, 323, 504, 506 of IPC and Sections 3 and 4 of the Dowry
Prohibition Act, on the basis of a complaint
lodged by Respondent No.2 before the
Respondent No.1 Police Station.

c) In Crl.P.No.3895/2025 arising out of
C.C.No.19/2025, registered for the offences
punishable under Sections 189(3), 191(2),
126(2), 115(2), 352(2), 190 of BNS on the basis
of a complaint lodged by Respondent No.2 before
the Respondent No.1 Police Station.
2. Upon the intervention of the mediator, the
parties have amicably resolved their disputes. In view of
the settlement arrived at between them, Respondent No.2
has no objection to the present petition and the above-
mentioned connected matters being allowed, and to the
quashing of the FIR(s) as well as the closure of further
proceedings against the petitioners in both connected
matters herein.

1. It is submitted that Respondent No.2, have received today a Demand Draft bearing number "011640" of Axis Bank dated 27.02.2026 for a sum of Rs.6,31,000/- (Rupees Six Lakh Thirty-One Thousand Only) from Petitioner No.1 towards full and final settlement of all claims in this matter and the connected matters and also exchanged the articles, jewels before the mediation.

NC: 2026:KHC:13733

HC-KAR

1.  The petitioners and the respondent No.2
   

   state that the aforesaid settlement between them is full
   and final and that neither the respondent No.2 nor the
   petitioner will have any claims, including monetary
   claims, against each other. The petitioners and the
   respondent No.2 state that this joint compromise
   application for settlement is filed out of their free will and
   consent.

2.  The Petitioners and Respondent No.2 in
   

   Crl.P.No.5590/2025 further submit that they have
   mutually agreed to dissolve their marriage in
   O.S.No.80/2025 pending before the Hon'ble Senior Civil
   Judge and JMFC, Channagiri, and in pursuance thereof,
   they shall execute a Khulanama in accordance with
   Mohammadan law. This understanding forms part of the
   overall settlement, and both parties affirm that the same
   is entered into with free will and consent, without any
   force, coercion, or undue influence.

3.  In view of the settlement arrived between
   

   the parties, before mediation the parties hereby submit
   that this petition along with both the connected matters
   may kindly be allowed and the criminal proceedings be
   quashed.

WHEREFORE, it is prayed that this Hon'ble Court may
kindly be pleased to allow this application and quash the
FIR(s) and entire proceedings in this petition along with
connected matters, to meet the ends of justice."

• 10 -

NC: 2026:KHC:13733

HC-KAR

1. In view of the fact that the offences alleged against

the petitioners in all these petitions are not heinous and are not

punishable with death or imprisonment for life, hence, the

application filed by the accused for compounding the offences

deserves to be considered favourably.

1. The petitioners as well as the

complainant/respondent No.2 - Mr. Sharfudeen are present

along with his daughter - Mrs.Hifzia Noorain. They admit the

terms of the application and in token of their acceptance of the

terms of the application, they have affixed their signatures to

the order sheet of this Court. As stated in the application, the

petitioners have handed over a demand draft for a sum of

Rs.6,31,000/- to Mrs.Hifzia Noorain and the receipt of the same

is acknowledged by her.

1. In view of the above, these petitions are allowed

and in terms of application for compounding the offences

alleged against the petitioners; (i) in Crime No.109/2024 on the

file of Prl.Civil Judge (Jr.Dn.) and JMFC Court, Channagiri,

Davangere; (ii) in C.C.No.19/2025 arising out of Crime

No.163/2024 on the file of Prl.Civil Judge (Sr.Dn) and CJM

• 11 -

NC: 2026:KHC:13733

HC-KAR

Court, Shimoga District, Shimoga and (iii) in Crime

No.121/2024 on the file of 37th Addl. Judge, Small Causes

Court, City Court Complex, Bangalore City, are compounded

and the petitioners are set free.

Sd/-

(R. NATARAJ)
JUDGE

HJ
List No.: 3 Sl No.: 1