- 1 - HC-KAR NC: 2025:KHC-K:3831 CRL.P No. 200716 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION NO.200716 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SADASHIV S/O KALLAPPA MIRJI, AGE: 43 YEARS, OCC: GOVT. HIGH SCHOOL TEACHER, NOW CRP, OFFICE OF BLOCK EDUCATION OFFICER, KALABURAGI NORTH, R/O SANTHOSH COLONY, DEVI NAGAR, KALABURAGI -585101. 2. SMT. SOUMYA W/O SADASHIV MIRJI, AGE: 39 YEARS, OCC: GOVT. PRIMARY SCHOOL TEACHER, R/O JALIBERI VILLAGE, TQ.MUDHOL, DIST.BAGALKOT-587313 …PETITIONERS (BY SRI BABU H. METAGUDDA, ADVOCATE) AND: SMT. RESHMA W/O SADASHIV MIRJI, AGE: 39 YEARS, OCC: GOVT. HPS SCHOOL TEACHER, R/O KUDKI VILLAGE, TQ.ALAND, DIST. KALABURAGI, SANTHOSH COLONY, DEVI NAGAR, NEAR PANCHMUKHI ANJANAYA TEMPLE, KALABURAGI-585301. …RESPONDENT (BY SRI SAGAR ALLAUDDIN, ADVOCATE) Digitally signed by RENUKA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3831 CRL.P No. 200716 of 2025 THIS CRL.P. IS FILED U/S.482 OF CR.P.C. (OLD) / 528 OF BNSS (NEW), PRAYING TO ALLOW THE PETITION AND QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONERS IN CRL.MISC.NO.3769/2024 AND CONSEQUENTLY QUASH THE ORDER DATED 11.09.2024 AT ANNEXURE-B PASSED BY THE II ADDL. CIVIL JUDGE AND JMFC, KALABURAGI AND ALSO GRANT SUCH OTHER RELIEFS AS THIS HON’BLE COURT DEEMS FIT. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Babu H. Metagudda, learned counsel for the petitioners. Respondent’s counsel is absent. 2. This petition is filed under Section 482 of Cr.P.C./528 of the BNSS, with the following prayer: ”WHEREFORE; it is most humbly prayed that this Hon’ble court be pleased to; allow the petition and quash the Criminal proceedings against the petitioners in CRL. Misc No.3769/2024 and Consequently quash the order dated 11-9-2024, - 3 - HC-KAR NC: 2025:KHC-K:3831 CRL.P No. 200716 of 2025 AT-ANNEXURE-B Passed by the II ADDL. CIVIL Judge & JMFC Kalaburagi, and also grant such other reliefs as this Hon’ble court deems fit, in the interest of Justice and equity.” 3. The respondent filed a complaint under Section 12 of the Protection of Women From Domestic Violence Act (hereinafter referred to as ‘the DV Act’) against the petitioners herein contending that the respondent is the legally wedded wife of petitioner No.1 and petitioner No.2 is the second wife of petitioner No.1. 4. The matter is being contested by the petitioners herein in Criminal Miscellaneous No.3769/2024. 5. In the meantime, very filing of the petition is challenged by the petitioners contending that the respondent is a stranger and contended that petitioner No.2 is a legally wedded wife of petitioner No.1 and petitioner No.1 is having a live-in relationship with the respondent. Therefore, petition under the provisions of DV Act is not maintainable. - 4 - HC-KAR NC: 2025:KHC-K:3831 CRL.P No. 200716 of 2025 6. It is settled principles of law and requires no emphasis that even a person, who is in live-in relationship can invoke the provisions of Section 12 of the DV Act and the same needs to be adjudicated on merits. 7. Reserving the liberty for the petitioners to put forth their defence in the pending Criminal Miscellaneous Case No.3769/2024, the Criminal Petition is dismissed. 8. Further, petitioner No.2 is permitted to seek necessary orders before learned Magistrate, as she did not share the common residence. In view of disposal of main petition, pending application, if any, does not survive for consideration. Sd/- (V SRISHANANDA) JUDGE RSP List No.: 1 Sl No.: 39 CT:PK