- 1 - HC-KAR NC: 2025:KHC-K:3086 CRL.P No. 200554 of 2025 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 16TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.200554/2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI RAVI SHANKAR SAVALGE S/O LATE S. SRISAILAM, AGED ABOUT 70, OCC: AGRICULTURE, TEMPORARILY RESIDING AT 8-1-366/A/44, CHOTI JANAKI NAGAR, TOLICHOWKI, HYDERABAD, TELANGANA-500 008, PRESENTLY HAVING COME DOWN TO GULBARGA (KALABURAGI). 2. SMT. SWAROOPA W/O RAVI SHANKAR SAVALGE, AGED ABOUT 63, OCC: HOMEMAKER, TEMPORARILY RESIDING AT 8-1-366/A/44, CHOTI JANAKI NAGAR, TOLICHOWKI, HYDERABAD, TELANGANA-500 008, PRESENTLY HAVING COME DOWN TO GULBARGA (KALABURAGI). 3. SRI. SANDEEP KUMAR SAVALGE S/O RAVI SHANKAR SAVALGE, AGED ABOUT 44, OCC: PRIVATE EMPLOYEE, R/O 203, SRI SAI VENKATESHWARA NILAYA, 3RD CROSS, AMBLIPURA SARJAPUR ROAD, HARALURU ROAD, BANGALORE-560 102. Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3086 CRL.P No. 200554 of 2025 4. SMT. VAMSI PRIYA W/O SANDEEP KUMAR SAVALGAE, AGED ABOUT 41, OCC: HOMEMAKER, R/O 203, SRI SAI VENKATESHWARA NILAYA, 3RD CROSS, AMABLIPURA SARJAPUR ROAD, HARALURU ROAD, BANGALORE-560 102. …PETITIONERS (BY SRI. VEERSHETTY MALIPATIL, ADVOCATE) AND: 1. SMT. ASHA HANGARGI W/O RAJESH KUMAR, AGED ABOUT 40, OCC: PVT. EMPLOYEE, R/O HALADKERI BIDAR-585 401. …RESPONDENT (BY SRI. S.R. KADLOOR, ADVOCATE) THIS CRL.P IS FILED UNDER SECTION 482 OF CR.P.C./ U/S 528 OF BNSS, PRAYING TO QUASH THE PROCEEDINGS AGAINST THE PETITIONERS IN CRL.MISC. NO. 1288/2020 PENDING ON THE FILE OF THE PRINCIPAL CIVIL JUDGE AND JMFC AT BIDAR FOR THE OFFENCE U/S 12 OF THE PROTECTION OF WOMEN FROM DOMESTICE VIOLENCE ACT 2025 TO PREVENT ABUSE OF PROCESS AND PASS SUCH OTHER AND FURTHER ORDERS. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3086 CRL.P No. 200554 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Veershetty Malipatil, learned counsel for the petitioners and Sri S.R.Kadloor, learned counsel for the respondent. 2. The present petition is filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita-2023, with the following prayer: “It is therefore prayed that this Hon’ble Court may be pleased to quash the proceedings against the petitioners in Crl.Misc.No.1288/2020 pending on the file of the Hon’ble Principal Civil Judge and JMFC at Bidar for the offences under Section 12 of the Protection of Women from Domestic Violence Act, 2005, to prevent abuse of process and pass such other and further orders as deemed just and necessary in the facts and circumstances of the case.” 3. Brief facts of the case which are utmost necessary for disposal of the present petition are as under: Respondent herein filed a complaint under Section 12 of the Protection of Women from Domestic Violence Act-2005, on - 4 - HC-KAR NC: 2025:KHC-K:3086 CRL.P No. 200554 of 2025 the ground that she has been sent out of the shared residence without justifiable reason and for such other reliefs. 4. Petitioners herein are the former in-laws of the respondent. It is contended that they had no role whatsoever in the alleged incident and a false case has been filed against them. The learned Trial Magistrate is proceeding against the petitioners as well for action in the said petition. 5. Therefore, they have sought for quashing of pending proceedings before the Principal Civil Judge and JMFC-II, Bidar, in Crl. Misc. No.1288/2020. 6. Learned counsel for the petitioners submits that there is development in the matter wherein there is a decree of divorce between respondent and her husband and the same is also not challenged by respondent. 7. Therefore, taking note of the fact that, if there is any cause that would survive insofar as respondent in the pending proceedings, that is only against her husband and not against the present petitioners. - 5 - HC-KAR NC: 2025:KHC-K:3086 CRL.P No. 200554 of 2025 8. Therefore, the case is made out by the petitioners herein to quash the pending proceedings only as against the present petitioners. 9. Hence, the following: ORDER i. The petition is allowed. ii. Pending proceedings in Crl. Misc. No.1288/2020 filed under Section 12 of the Protection of Women from Domestic Violence Act- 2005 as against the petitioners herein stands quashed. iii. It is made clear that the case alleging domestic violence, if any, survives as against the erstwhile husband of the respondent only till the date of decree of divorce. Sd/- (V. SRISHANANDA) JUDGE kcm,SBS List No.: 1 Sl No.: 47 CT: AK