- 1 - HC-KAR NC: 2025:KHC-K:3607 CRL.P No. 200919 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 03RD DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.200919 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ZAMEER PATEL URF SADDAM S/O ALLAH PATEL, AGED ABOUT 28 YEARS, OCC:PVT. SERVICE, R/O. GUBBEWAD, TQ. TALIKOTE, DIST. VIJAYAPURA. 2. SMT. ALIYA BEGUM W/O ZAMEER PATEL, AGED ABOUT 25 YEARS, OCC: HOUSEHOLD, R/O. GUBBEWAD, TQ. TALIKOTE, DIST. VIJAYAPURA. 3. AMEEN PATEL S/O ALLA PATEL, AGED ABOUT 73 YEARS, OCC: AGRICULTURE, R/O. GUBBEWAD, TQ. TALIKOTE, DIST. VIJAYAPURA. 4. SMT. BIBAN BEE W/O AMEEN PATEL, AGED ABOUT 68 YEARS, OCC: HOUSEHOLD, R/O. GUBBEWAD, TQ.TALIKOTE, DIST. VIJAYAPURA. 5. HANEEFA BEGUM W/O DASTGIR PATEL, AGED ABOUT 31 YEARS, OCC: HOUSEHOLD, R/O. GUBBEWAD, TQ. TALIKOTE, DIST. VIJAYAPURA. Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3607 CRL.P No. 200919 of 2024 6. NAJIMA BEGUM W/O ALLAH PATEL, GUBBEWAD, AGED ABOUT 33 YEARS, OCC: HOUSEHOLD, R/O. STATION NALWAR, DIST. YADGIRI. 7. SHAHEEN BEGUM W/O FAIZAL, AGED ABOUT 35 YEARS, OCC: HOUSEHOLD, R/O. STATION NALWAR, DIST. YADGIRI. 8. FAIZAL S/O RASHEED, AGED ABOUT 38 YEARS, OCC: HOUSEHOLD, R/O. STATION NALWAR, DIST. YADGIRI. …PETITIONERS (BY SRI. G. G. CHAGASHETTI, ADVOCATE) AND: BABAN BEE W/O LATE SULEMAN PATEL, NOW W/O DASTGER SAB GUTTEDAR, (SECOND MARRIAGE), AGED ABOUT 29 YEARS, OCC: HOUSEHOLD, R/O. KUNDANOOR VILLAGE, TQ. CHITTAPUR, DIST. KALABURAGI-585102. …RESPONDENT (BY SRI. RAMCHANDRA K., ADVOCATE) THIS CRL.P IS FILED U/S. 482 OF CR.P.C. PRAYING TO QUASH THE ORDER DATED 19.08.2021 PASSED BY THE LEARNED CIVIL JUDGE AND JMFC CHITTAPUR AND QUASH THE ENTIRE INITIATION OF PROCEEDINGS IN CRL.MISC. No.617 /2021 FOR THE OFFENCES U/SEC. 12, 19(f)(8), 20 AND 22 OF PROTECTION WOMEN FROM DOMESTIC VIOLENCE ACT 2005 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC CHITTAPUR. 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:3607 CRL.P No. 200919 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri G.G.Chagashetti, learned counsel for the petitioners and Sri Ramachandra, learned counsel for the respondent. 2. The present petition is filed under section 482 of the Code of Criminal Procedure, with the following prayer: “Quashed the order dated 19.08.2021 passed by the learned Civil Judge and JMFC, Chittapur, and quash the entire initiation of proceedings in Crl.Misc.No.617/2021 for the offences u/Sec.12, 19(f)(8), 20 and 22 of Protection Women from Domestic Violence Act, 2005, pending on the file of Civil Judge and JMFC, Chittapur.” 3. Facts in brief which are utmost necessary for disposal of the present petition are as under: Respondent herein filed a petition under Sections 12, 19(f)(8), 20 and 22 of Protection Women from Domestic Violence Act, 2005, (‘DV Act’ for short) against the petitioners herein which is now pending in Crl.Misc. No.617/2021 on the file of the Civil Judge and JMFC, Chittapur. - 4 - HC-KAR NC: 2025:KHC-K:3607 CRL.P No. 200919 of 2024 4. Respondent married Suleman Patel who is son of petitioner No.6-Najima Begum. Unfortunately, said Suleman Patel died and thereafter, respondent took shelter in her parents’ place. It is her case that at the time of marriage, huge amount of dowry was given. After the marriage, there was physical and mental harassment and she has taken action against the accused persons. 5. In the meantime, she has filed an application under the provisions of DV Act, 6. Learned counsel for the petitioners herein contend that except the 6th petitioner who is the mother-in-law of the respondent, other petitioners are no way connected with the alleged acts narrated in the petition filed by the respondent. The 6th petitioner is ready to take the respondent to her house and allow her to live in her house. Therefore, sought to quash the pending proceeding. 7. Per contra, learned counsel for the respondent would contend that respondent has suffered mental and physical harassment at the hands of the petitioners and she has been - 5 - HC-KAR NC: 2025:KHC-K:3607 CRL.P No. 200919 of 2024 thrown out of the shared residence after the death of her husband and therefore, petition needs to be dismissed. 8. Having heard the arguments of the learned counsel for the parties, this Court perused the material on record meticulously. 9. On such perusal of the material on record, admittedly, petitioner Nos.1 to 5, 7 and 8 are the relatives of petitioner No.6, who is the mother-in-law of the respondent. Husband of the respondent-Suleman Patel died on 19.09.2020. Thereafter, according to the petitioners, respondent has voluntarily left the matrimonial home and is staying with her parents. 10. Whether at all the respondent was thrown out of the shared residence after the death of her husband or whether she voluntarily left the matrimonial home is a matter to be adjudicated by the learned Trial Magistrate in the pending trial. 11. At the most, respondent can join the shared residence, and that relief is only against petitioner No.6 and not against petitioner Nos.1 to 5, 7 and 8. - 6 - HC-KAR NC: 2025:KHC-K:3607 CRL.P No. 200919 of 2024 12. Admittedly, petitioner Nos.1 to 5, 7 and 8 are residing separately and they are not the inmates of shared residence. 13. Taking note of these aspects of the matter and having regard to the scope of proceedings under the D.V.Act, this Court is of the considered opinion that continuation of the pending case insofar as petitioner Nos.1 to 5, 7 and 8 concerned would result in abuse of process of law. 14. Accordingly, the following: ORDER (i) Petition is allowed in part. (ii) Pending proceedings in Crl.Misc.No.617/2021 on the file of the Civil Judge and JMFC, Chittapur, is hereby quashed in respect of petitioner Nos.1 to 5, 7 and 8 herein. Proceedings as against petitioner No.6 shall continue. (iii) All the contentions of the parties are kept open to be urged in the pending proceedings insofar as petitioner No.6 is concerned. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 34 CT:PK