- 1 - HC-KAR NC: 2025:KHC-K:2798 CRL.P No. 201470 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 3RD DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.201470/2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHARANAMMA W/O JAGADEVREDDY, AGE:47 YEARS, OCC: HOUSEWIFE, 2. LAXMI W/O BASAVARAJ NATIKAR, AGE:35 YEARS, OCC: HOUSEHOLD, 3. CHINTU SWAMY @ SHIVAYYA SWAMY S/O SHANKARYYA SWAMY, AGE:21 YEARS, OCC: DRIVER, 4. JAGANATH REDDY S/O GURUNATH REDDY, AGE:55 YEARS, OCC: AGRICULTURE, ALL ARE R/O. RAMTIRTH VILLAGE, TQ. CHITTAPUR, DIST. KALABURAGI-585222. …PETITIONERS (BY SRI AVINASH A. UPLAONKAR, ADVOCATE) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2798 CRL.P No. 201470 of 2024 AND: 1. THE STATE OF KARNATAKA, THROUGH YADGIRI TOWN POLICE STATION, DIST. YADGIRI, NOW REPRESENTED BY, ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585107. 2. SHANKREMMA W/O RAGHAVENDRA PATIL, AGE:33 YEARS, OCC: BANK SERVANT, R/O. RAMTIRTH VILLAGE, TQ. CHITTAPUR, DIST. KALABURAGI, NOW RESIDING AT MATA MANIKESHWARI NAGAR, YADGIRI, DIST. YADGIRI-585201. …RESPONDENTS (BY SMT. ARATI PATIL, HCGP, FOR R1; SRI B. BHIMASHANKAR, AMICUS CURIAE, FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS PRAYING TO EXERCISE INHERENT POWERS U/SEC. 482 CR.P.C., EXAMINE THE RECORDS AND QUASH THE FIR AND COMPLAINT IN CRIME NO.119/2024 OF YADGIRI TOWN POLICE STATION, DIST. YADGIRI, FOR THE OFFENCES UNDER SECTIONS 323, 354, 504, 506, R/W.34 OF IPC, PENDING BEFORE THE CIVIL JUDGE AND JMFC (SR.DN) AT YADGIRI, AGAINST THE PETITIONERS. 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:2798 CRL.P No. 201470 of 2024 ORAL ORDER (PER: HON'BLE MR. JUSTICE V. SRISHANANDA) 1. Heard the learned counsel Sri Avinash A. Uploankar for the petitioners, learned High Court Government Pleader Smt. Arati Patil for the 1st respondent- State and Sri B. Bhimashankar, Amicus Curiae, for the 2nd respondent. 2. This petition is filed under Section 482 of Cr.P.C., praying to quash the FIR and complaint in Crime No.119/2024 of Yadgiri Town Police Station, Dist: Yadgiri, for the offences Under Sections 323, 354, 504, 506 read with Section 34 of IPC pending before the Civil Judge and JMFC (Sr.Dn.) at Yadgiri, against the petitioners. 3. Upon the complaint lodged by the 2nd respondent, Yadgiri Town Police registered a case in Crime No.119/2024 on 26.08.2024 alleging the offence said to have been committed under Sections 506, 504, 323 and 354 read with Section 34 IPC against petitioners herein. - 4 - HC-KAR NC: 2025:KHC-K:2798 CRL.P No. 201470 of 2024 4. In fact the complaint averments and the other proceedings which are pending between the 2nd respondent and the petitioners would reveal that at an undisputed point of time, the 2nd respondent had the living in relationship with son of 1st petitioner. There was an allegation of offence of rape against him, who was a Bank Employee. Those matters have come to an end by virtue of the orders passed by Co- Ordinate Benches of this Court. On an imaginary cause of action a complaint came to be lodged belatedly with the Yadgiri Police Station alleging the commission of the aforesaid offences said to have occurred on 30.01.2024. 5. In the complaint also there is no proper reason assigned for the delayed complaint of approximately more than seven months. 6. Yadgiri Police have registered the case, investigated the matter and filed charge-sheet. Material on record would not disclose that continuation of the proceedings are justified as per the contentions of the petitioners, especially, having regard to the fact that earlier - 5 - HC-KAR NC: 2025:KHC-K:2798 CRL.P No. 201470 of 2024 attempts made by the very same 2nd respondent have all ended in quashing of the criminal proceedings. 7. Learned High Court Government Pleader and learned Amicus Curiae for the respondents however tried to justify the filing of charge-sheet. 8. Taking note of the fact that initially the case was only against the son of the first petitioner and those proceedings have come to an end by considered orders of this Court and proceedings have been quashed repeatedly, this Court is of the considered opinion that the material said to have been collected by the Investigation Agency in the form of charge-sheet pursuant to the FIR bearing Crime No.119/2024 is nothing but futile excise and would result in abuse of process of Court, especially, when there is no reason whatsoever forthcoming for the huge delay of approximately seven months in lodging the complaint. 9. Taking note of past conduct of the second respondent and the considered orders passed by the Co- Ordinate Benches of this Court in Crl.P. Nos.200483/2024 - 6 - HC-KAR NC: 2025:KHC-K:2798 CRL.P No. 201470 of 2024 and 201392/2023, this Court is of the considered opinion that continuation of the criminal proceedings pursuant to charge-sheet filed by the Yadgiri Police in respect of Crime No.119/2024 would only result in futile exercise and abuse of process of Court. 10. Accordingly, a case is made out for quashing of the proceedings against the petitioners. Hence, the following: ORDER i) The Criminal Petition is allowed. ii) Pending proceedings pursuant to the charge-sheet filed by the Yadgiri Police Station in respect of Crime No.119/2024 is hereby quashed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 28 CT:PK