- 1 - HC-KAR NC: 2025:KHC-K:2862 CRL.P No. 201620 of 2024 IN THE HIGH COURT OF KARNATAKA KALABURAGI BENCH DATED THIS THE 5TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE V. SRISHANANDA CRIMINAL PETITION NO.201620/2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. KANYAKUMARI W/O VED PRAKASH HAJARE, AGE:63 YEARS, OCC:HOUSEHOLD, R/O. YERGOL, TQ. & DIST. YADGIR–585 218. 2. PRAVEENA W/O SURESH PANDE, AGE:52 YEARS, OCC:HOUSEHOLD, R/O. NEAR RUKMUMTOLA DARGA, ALAND ROAD, KALABURAGI – 585 103. 3. KOMALA W/O CHETAN SINGH RAJPUT, AGE:34 YEARS, OCC: HOUSEHOLD, R/O. KALAM BOLI, PANVEL, NEW MUMBAI - 410 218 (MAHARASHTRA) 4. AISHWARYA D/O VED PRAKASH HAJARE, AGE:22 YEARS, OCC: STUDENT, R/O. YADGIR, TQ. & DIST.YADGIR-585 201. Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2862 CRL.P No. 201620 of 2024 5. CHETAN @ CHETAN SINGH S/O RAMSINGH RAJPUT, AGE:40 YEARS, OCC:ENGINEER IN PRIVATE COMPANY, R/O. KALAM BOLI, PANVEL, NEW MUMBAI - 410 218 (MAHARASHTRA). 6. RAMESHWARA PRASAD S/O VED PRAKASH HAJARE, AGE:38 YEARS, OCC: WORKING IN SBI CREDIT CARD, DIVISION YADIGIR, R/O. YADGIR TQ. & DIST.YADGIR -585 201. …PETITIONERS (BY SRI ASHOK MULAGE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH KALABURAGI CITY WOMEN PS, DIST. KALABURAGI – 585 102, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH–585 107. 2. VARSHA W/O RAMLEKHAN HAJARE, AGE:28 YEARS, OCC: HOUSEWIFE R/O. SHAHABAJAR, KATAGARUR, OPPOSITE PANCHAMUCHI HANUMAN TEMPLE, KALABURAGI-585 101. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP, FOR R1; SMT. AMBIKA I. CHAWDAPUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS PRAYING TO ALLOW THE PETITION AND SET ASIDE THE ORDER OF TAKING COGNIZANCE AND ISSUE OF SUMMONS TO THE PETITIONERS DATED 16.11.2022 AND - 3 - HC-KAR NC: 2025:KHC-K:2862 CRL.P No. 201620 of 2024 QUASH THE FIR COMPLAINT AND CHARGE SHEET IN CRIME NO.80/2022 OF KALABURAGI CITY WOMEN PS FOR THE OFFENCES PUNISHABLE U/SEC. 498-A, 323, 354, 504, 506, 109, R/W 34 OF IPC AND SECs. 3, 4 AND 6 OF D.P. ACT PENDING ON THE FILE OF I ADDL. CIVIL JUDGE AND JMFC KALABURAGI IN C.C.NO.20130/2022. 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 learned counsel Sri Ashok Mulage for the petitioners, learned High Court Government Pleader Sri Jamadar Shahabuddin for respondent No.1-State and learned counsel Smt. Ambika I. Chowdapur for respondent No.2. 2. This petition is filed under Section 482 of Cr.P.C., praying to set aside the order of taking cognizance and issuing of summons to the petitioners dated 16.11.2022 and quash the FIR, complaint and charge-sheet in Crime No.80/2022 of Kalaburagi City Women Police Station for the offences punishable under sections 498-A, 323, 354, 504, - 4 - HC-KAR NC: 2025:KHC-K:2862 CRL.P No. 201620 of 2024 506, 109 read with Section 34 of IPC and Sections 3, 4 and 6 of D.P. Act, pending on the file of I Addl. Civil Judge and JMFC, Kalaburagi, in C.C. No.20130/2022. 3. The facts of the case which are utmost necessary for disposal of the case are as under: A complaint came to be lodged against the petitioners and the first accused for the aforesaid offences. Police after registering the case in Crime No.80/2022 after thorough investigation filed the chage sheet. 4. Learned Trial Magistrate has taken cognizance of the offences and proceeded with the criminal case. In the meantime, petitioners being accused Nos.4 to 9 have approached this Court with the aforesaid prayer. 5. It is the contention of the learned counsel for the petitioners that only as against accused No.9 there are some materials in the FIR, but insofar as accused Nos.4 to 8 are concerned, no materials found on record. Therefore, - 5 - HC-KAR NC: 2025:KHC-K:2862 CRL.P No. 201620 of 2024 continuation of the criminal case against accused Nos.4 to 8 is totally unwarranted and sought for allowing the petition. 6. Per contra, learned High Court Government Pleader opposes the grounds of the petition. 7. This Court in light of the argument put forward by both the parties, perused the material on records meticulously. On such perusal of the material on record, it is crystal clear that in the complaint itself allegations leveled are against all the petitioners. 8. However, only with regard to accused No.6 and 8 the address shown is that they are residents of Mumbai. They are residing there as accused No.8 is working in Mumbai. 9. Further, the Police are unable to place any specific materials as to accused Nos.6 and 8 are concerned for having participated in the incident. - 6 - HC-KAR NC: 2025:KHC-K:2862 CRL.P No. 201620 of 2024 10. Since, accused No.6 and 8 have not shred a common roof, the proceedings against them cannot be continued in view of dictum of Hon’ble Apex Court in the case of Kahkashan Kausar @ Sonam vs The State Of Bihar1. 11. Insofar as other petitioners are concerned, there are materials on record against them, which would be sufficient enough to proceed with the criminal case. 12. In view of the above discussion, the following: ORDER i. The petition is allowed in part. ii. Pending proceedings in C.C. No.20130/2022 on the file of the Court of the I Additional Civil Judge and JMFC, Kalaburagi as against accused No.6 and 8 stands quashed and 1 (2022) 6 SCC 599 - 7 - HC-KAR NC: 2025:KHC-K:2862 CRL.P No. 201620 of 2024 with regard to the other petitioners the petition is dismissed. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 37 CT:PK