- 1 - HC-KAR NC: 2025:KHC:18745 CRL.P No. 5355 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 4TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5355 OF 2024 BETWEEN: 1. CHANDRASHEKARA S/O. MUDALAGIRIYAPPA, AGED ABOUT 53 YEARS, RESIDING AT JODIHOCHIHALLI, DASARAHATTI VILLAGE, KADUR TALUK, CHIKKAMAGALURU-577 548. 2. SUSHEELA W/O. CHANDRASHEKAR, AGED ABOUT 50 YEARS, RESIDING AT JODIHOCHIHALLI, DASARAHATTI VILLAGE, KADUR TALUK, CHIKKAMAGALURU-577 548. …PETITIONERS (BY SRI. HANUMESH H.N, ADVOCATE) AND: 1. STATE OF KARNATAKA BY SAKKARAYA PATNA P.S., REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, BANGALORE-560 001. Digitally signed by MAYAGAIAH VINUTHA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:18745 CRL.P No. 5355 of 2024 2. NAGARAJ. M S/O. MUDALAGIRIYAPPA, AGED ABOUT 50 YEARS, RESIDING AT DASARAHATTI VILLAGE, KADUR TALUK, CHIKKAMAGALURU-577 548. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1, SRI. M.G. KANTHARAJAPPA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 OF CR.PC PRAYING TO ALLOW THIS CRL.P. BY SETTING ASIDE COGNIZANCE ORDER DATED 16.04.2024 PASSED BY THE LEARNED II ADDL. CIVIL JUDGE AND JMFC AT KADUR, CHIKKAMAGALURU IN C.C.NO.1086/2024 THEREBY SUMMONING THE PETITIONERS AS ACCUSED PERSON IN AFORESAID CRIME FOR THE OFFENCE P/U/S 504, 323, 324, 506 R/W 34 OF IPC AND CONSEQUENTLY, SET ASIDE THE ENTIRE PROCEEDINGS PENDING THEREON. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR - 3 - HC-KAR NC: 2025:KHC:18745 CRL.P No. 5355 of 2024 ORAL ORDER In this petition, the petitioners seek the following reliefs: "a) Call for the relevant records; b) Allow this Criminal Petition by setting aside cognizance Order dated 16.04.2024 passed by the Learned II Addl Civil Judge and JMFC at Kadur, Chikkamagaluru in C.C. No.1086/2024 thereby summoning the Petitioners as Accused persons in aforesaid Crime for the offense punishable U/s 504, 323, 324, 506 r/w 34 of 1.P.C, and consequently, set aside the entire proceedings pending thereon; and c) Grant such other relief or reliefs as this Hon'ble Court deems fit in the facts and circumstances of the case, in the interest of justice and equity." 2. Heard learned counsel for the petitioners, learned counsel for respondent No.2 and learned HCGP for respondent No.1 and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners herein filed a complaint dated 16.01.2024 against respondent No.2 which was registered as an FIR in - 4 - HC-KAR NC: 2025:KHC:18745 CRL.P No. 5355 of 2024 Crime No.12/2024 and is currently pending in C.C.No.1087/2024 for the offences punishable under Sections 504, 323, 324, 506 r/w 34 of IPC. Meanwhile, respondent No.2-complainant also filed a complaint against the petitioners on 16.01.2024, which was registered as an FIR in Crime No.11/2024 and is currently pending in C.C.No.1086/2024. Aggrieved by the impugned proceedings in C.C.No.1086/2024, the petitioners-accused are before this Court by way of the present petition. 4. Learned counsel for the petitioners, who are accused in C.C.No.1086/2024 and learned counsel for respondent No.2, who is accused in the counter complaint/counter case arising out of Crime No.12/2024 jointly submit that since both the proceedings arise out of case and counter case filed by the petitioners and respondent No.2 & his wife Smt.Vimala in relation to the very same subject matter arising out of very same incident, both the proceedings in Crime No.11/2024 and Crime No.12/2024 may be quashed by reserving liberty in favour of the parties to take recourse to - 5 - HC-KAR NC: 2025:KHC:18745 CRL.P No. 5355 of 2024 such remedies as available in law including approaching the competent Civil Court. 5. In view of the aforesaid facts and circumstances and joint submission made by both sides, I deem it just and appropriate to quash both C.C.No.1086/2024 arising out of Crime No.11/2024 as well as C.C.No.1087/2024 arising out of Crime No.12/2024 pending before the trial Court by issuing certain directions. 6. In the result, I proceed to pass the following: ORDER i) The petition is hereby allowed. ii) Both C.C.No.1086/2024 arising out of Crime No.11/2024 and C.C.No.1087/2024 arising out of Crime No.12/2024 pending between the petitioner and respondent No.2 & his wife Smt.Vimala on the file of the trial Court are hereby quashed. iii) Liberty is reserved in favour of the parties to take recourse to such other remedies as available in law including approaching the competent Civil Court. - 6 - HC-KAR NC: 2025:KHC:18745 CRL.P No. 5355 of 2024 iv) All rival contentions kept open and no opinion is expressed on the same. SD/- (S.R.KRISHNA KUMAR) JUDGE VM List No.: 1 Sl No.: 3