- 1 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 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.201669/2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. ARUN S/O GURAYYA MATHAPATI, AGE:32 YEARS, OCC: SALES OFFICER IN INSURANCE COMPANY, R/O. GANESH NAGAR, VIJAYAPURA-586 101. 2. BORAMMA W/O GURAYYA MATHAPATI, AGE:53 YEARS, OCC: HOUHOLD WORK, R/O. GANESH NAGAR, VIJAYAPURA-586 101. 3. GURAYYA S/O PARUTAYYA MATHAPATI, AGE:60 YEARS, OCC: BANK EMPLOYEE, R/O. GANESH NAGAR, VIJAYAPURA-586 101. 4. PRAVEEN S/O GURAYYA MATHAPATI, AGE:35 YEARS, OCC: ENGINEER, R/O. GANESH NAGAR, VIJAYAPURA, Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 AND NOW R/O. AT BOMMASANDRA, BENGALURU-560 099. …PETITIONERS (BY SRI BAPUGOUDA SIDDAPPA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH, KALABURAGI-585107. (THROUGH PSI, WOMEN POLICE STATION, VIJAYAPURA, AT VIJAYAPUR). 2. SUSHMA @ SUSHMITHA W/O ARUN MATHAPATI, AGE:24 YEARS, OCC: HOUSEHOLD WORK, R/O. GANESH NAGAR, VIJAYAPURA-586 101. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1 R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.(OLD)/UNDER SECTION 528 OF BNSS(NEW) PRAYING TO QUASH THE ENTIRE PROCEEDINGS PENDING IN CC NO.4325/2023 (VIJAYAPURA WOMEN PS NO.161/2023) REGISTERED BY THE WOMEN POLICE STATION, VIJAYAPURA, FOR THE OFFENCE PUNISHABLE UNDER SECTIONS 498(A), 323, 504, 506 R/W. 34 OF IPC ON THE FILE OF THE COURT OF THE IV ADDITIONAL CIVIL JUDGE AND JMFC, VIJAYAPURA, AT VIJAYAPURA. - 3 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 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 Bapugouda Siddappa for the petitioners and learned High Court Government Pleader for respondent No.1-State. 2. The respondent No.2 served with the notice and remained absent. 3. This petition by accused persons is filed under Section 482 Cr.P.C., praying to quash the entire proceedings pending in C.C. No.4325/2023 on the file of the IV additional Civil Judge and JMFC, Vijayapura, registered by the Women Police Station, Vijayapura, in Crime No.161/2023 for the offences punishable under Sections 498(A), 323, 504, 506 read with 34 of IPC,. - 4 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 4. Brief facts which are utmost necessary for disposal of the present petition are as under: 4.1 A complaint came to be lodged by the second respondent with Women Police Station, Vijayapura, which was registered in Crime No.161 of 2023 on 04.08.2023 for the offences punishable under Sections 498(A), 323, 504, 506 and Section 34 IPC. 4.2 Gist of the complaint averments would reveal that marriage of the second respondent took place with accused Arun S/o. Gurayya Mathapati on 23.12.2019, who was working in Insurance Company as a Sales Officer. After the marriage, the couple lived happy married life only for a brief period. 4.3 On 21.03.2021 there was an altercation, wherein parents-in-law of the complainant and brother-in-law along with her husband abused the complainant stating that a sum of Rs.20.00 lakhs was agreed to be paid as dowry and the said promise is not fulfilled, therefore, she should return to her parental house. Being unable to bear the physical and - 5 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 mental torture, complainant came back to the parental house. After coming to know about the quarrel, father of the complainant - Somnath, mother of the complainant - Shanthabai with relatives Siddaramayya, Saibanna and Suresh consoled the complainant and held a Panchayat and advised the accused persons to look after the complainant in a proper manner. 4.4 Even after the said advice and complainant returning to the matrimonial home, the harassment continued and on 26.02.2023 at about 10 a.m., her husband and parents-in-law picked up quarrel and again abused the complainant in filthy language and also assaulted with hands and pushed her out of the matrimonial home. Based on the complaint, Women Police Station, Vijayapura, have registered the case and after thorough investigation filed the charge sheet against the petitioners. 5. Learned counsel for the petitioners Sri Bapugouda would contend that the case is nothing but imagination of the complainant as no such incident has occurred and - 6 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 therefore, continuation of the criminal proceedings would result in miscarriage of justice and sought for quashing the pending criminal case pursuant to the charge sheet filed by the Women Police Station. 6. Per contra, learned High Court Government Pleader supports the filing of the charge sheet and continuation of the criminal case. 7. Respondent No.2 though served with notice, remained unrepresented. 8. Having heard the arguments of both sides, this Court perused the materials on record meticulously. On such perusal of the materials on record, it is crystal clear that there is no dispute as to the marriage of the complainant with the first accused. Admittedly, there was a bickering in the matrimonial relationship which resulted in the complainant returning to the parental place. 9. However, there was a Panchayat and after that complainant was made to rejoin the matrimonial home. - 7 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 There is a specific incident on 26.02.2023 at about 10 a.m., whereunder there was a physical assault onto the complainant apart from abusing in filthy language, which resulted the complainant to leave matrimonial home and join parental home again and the complaint came to be lodged. 10. Learned counsel Sri Bapugouda for the petitioners however tried to impress upon the Court that there is huge delay in lodging the complaint, which exposes the haleness in the case of the prosecution, especially, when there is no wound certificate etc., to establish the offence under Section 323 of IPC. 11. He would also contend that 4th petitioner being the brother-in-law did not share the common roof and therefore, his involvement in the criminal case is totally uncalled for. 12. On perusal of the material on record, it is crystal clear that the delay in lodging the complaint is sufficiently explained. Further, except in the first instance where there are some allegations against brother-in-law, who is 4th - 8 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 petitioner, there is no specific allegation as against him in the incident that occurred on 26.02.2023. 13. Therefore, continuation of the criminal proceedings as against the 4th petitioner, who is the brother- in-law of the complainant, needs to be quashed following the dictum of the Hon’ble Apex Court in the case of Kahkashan Kausar @ Sonam vs The State Of Bihar1. 14. Insofar as the other petitioners are concerned, since there are direct allegations which are not omnibus in nature, the criminal proceedings have to be continued. Thus, in view of the foregoing discussion, the following: ORDER i. The petition is allowed in part. ii. Pending proceedings in C.C. No.4325/2023 (Vijayapura Women P.S. Crime No.161/2023) insofar as petitioner No.4, who is accused No.4 by name Praveen S/o. Gurayya Mathapati is quashed. 1 (2022) 6 SCC 599 - 9 - HC-KAR NC: 2025:KHC-K:2861 CRL.P No. 201669 of 2024 iii. Insofar as petitioner Nos.1 to 3 are concerned, who are accused Nos.1 to 3 being the husband and the parents-in-law of the complainant, the pending proceedings shall be continued. Sd/- (V. SRISHANANDA) JUDGE SBS List No.: 1 Sl No.: 40 CT:PK