- 1 - NC: 2025:KHC-K:84 CRL.P No. 201353 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 8TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO.201353 OF 2024 [482(Cr.PC)/528(BNSS)] BETWEEN: JEETA S/O DAMU PAWAR, AGED: 35 YEARS, OCC: PRIVATE SERVICE, R/AT. HAGRAGA TANDA, TQ. AND DIST. KALABURAGI-585102. NOW R/AT. DIST. VEETOR BORNE DISCASE CONTROL OFFICE BIDAR DHO CAMPUS NEAR HEERALAL PANNALAL HIGH SCHOOL, BIDAR–585401. …PETITIONER (BY SRI B. C. JAKA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH WOMEN POLICE STATION, DIST. KALABURAGI -585102. NOW REPRESENTED BY ADDL. SPP HIGH COURT OF KARNATAKA, KALABURAGI BENCH - 585107. 2. SANJANA W/O SHIVA PAWAR, AGE: 20 YEARS, OCC: HOUSEWIFE, R/AT. HAGARAGA TANDA, DIST. KALABURAGI-585102. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SRI MAHANTESH PATIL, ADVOCATE FOR R2) Digitally signed by SHILPA R TENIHALLI Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:84 CRL.P No. 201353 of 2024 THIS CRL.P IS FILED U/S.482 OF CR.P.C. (OLD), U/SEC. 528 OF BNSS (NEW), PRAYING TO QUASH THE PROCEEDINGS IN C.C.NO. 5617/2023 PENDING ON THE FILE OF I ADDITIONAL CIVIL JUDGE AND JMFC, KALABURAGI, ARISING OUT OF IN CRIME NO.33/2023 REGISTERED BY THE 1ST RESPONDENT WOMEN POLICE STATION KALABURAGI, AGAINST THE PETITIONER AND FILED CHARGE SHEET FOR THE OFFENCES PUNISHABLE U/SEC. 498(A), 323, 504, 506 R/W 34 IPC, SEC. 3 AND 4 OF DP ACT, TO SECURE THE ENDS OF JUSTICE AND TO PREVENT ABUSE OF PROCESS OF THE COURT AND PASS SUCH OTHER ORDER OR ORDERS, WHICH THIS HON’BLE COURT MAY BE PLEASED TO PASS, IN THE CIRCUMSTANCES OF THE CASE. THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused No.4 in C.C.No.5617/2023 pending before the Court of I Additional Civil Judge and JMFC, Kalaburagi arising out of Crime No.33/2023, registered by Kalaburagi City Women Police Station, Kalaburagi for the offences punishable under Section 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 is before this Court under Section - 3 - NC: 2025:KHC-K:84 CRL.P No. 201353 of 2024 482 of Cr.P.C. with a prayer to quash the entire proceedings in the aforesaid criminal case as against him. 2. Heard learned counsel for the parties. 3. Learned counsel for the petitioner submits that the petitioner is the elder brother of accused No.1 and he is permanent resident of Bidar and is working at District Veetor Borne Discase Control Office, Bidar and is residing with his family members at Bidar. He submits that respondent No.2 is residing with her husband in Kalaburagi city and the impugned criminal case has been registered at Kalaburagi making false and baseless allegations against accused No.4. Pendency of the criminal case has been causing untold hardship and embarrassment to accused No.4. Accordingly, he prays to allow the petition. 4. Learned High Court Government Pleader appearing for respondent No.1 and learned counsel appearing for respondent No.2 have opposed the petition. - 4 - NC: 2025:KHC-K:84 CRL.P No. 201353 of 2024 5. Perusal of the material available on record would go to show that petitioner is the elder brother of accused No.1 and is residing in Bidar along with his family members. It is stated in the petition that petitioner is working at District Veetor Borne Discase Control Office, Bidar. Accused No.1 and respondent No.2 after their marriage are residing at Kalaburagi and impugned criminal case has been registered by Kalaburagi City Women Police Station, Kalaburagi against accused No.1 and his relatives. 6. Perusal of the first information would go to show that omnibus allegations are made as against the present petitioner and there are no specific allegations as against the petitioner, which would attract the charge sheeted offences. Under the circumstances, continuation of the impugned criminal proceedings as against the petitioner would not only cause untold hardship and embarrassment to him but the same also would amount to abuse of process of law and therefore, to secure the ends of justice, it is necessary to quash the impugned - 5 - NC: 2025:KHC-K:84 CRL.P No. 201353 of 2024 proceedings as against the petitioner. Hence, the following order is passed: ORDER The criminal petition is allowed. The entire proceedings in C.C.No.5617/2023 pending before the Court of I Additional Civil Judge and JMFC, Kalaburagi arising out of Crime No.33/2023, registered by Kalaburagi City Women Police Station, Kalaburagi for the offences punishable under Section 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of Dowry Prohibition Act, 1961 as against petitioner/accused No.4 stands quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE SRT List No.: 1 Sl No.: 46 CT:PK