- 1 - HC-KAR NC: 2025:KHC:24963 CRL.P No. 5453 of 2024 C/W CRL.P No. 3156 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 9TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5453 OF 2024 C/W CRIMINAL PETITION NO. 3156 OF 2025 IN CRL.P.NO.5453/2024: BETWEEN: 1. SRI. A.N. MALLAIAH, S/O NANJUNDAIAH, AGED ABOUT 68 YEARS, R/AT AGGUNDA VILLAGE, KASABA HOBLI, ARASIKERE TALUK, HASSAN - 573 103. 2. SMT. DEVEERAMMA, W/O MALLAIAH A, AGED ABOUT 59 YEARS, R/AT AGGUNDA VILLAGE, KASABA HOBLI, ARASIKERE TALUK HASSAN - 573 103. 3. SRI. SANGAMESH A.M, S/O A.N. MALLAIAH, AGED ABOUT 30 YEARS, R/AT AGGUNDA VILLAGE, KASABA HOBLI, ARASIKERE TALUK HASSAN - 573 103. …PETITIONERS (BY SRI. MAHESH S, ADVOCATE) Digitally signed by SHARADAVANI B Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC:24963 CRL.P No. 5453 of 2024 C/W CRL.P No. 3156 of 2025 AND: 1. STATE OF KARNATAKA BY ARASIKERE RURAL POLICE, HASSAN DISTRICT, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENGALURU - 560 001. 2. SMT. PREMAKUMARI, W/O SHIVAMURTHY A.R, AGED ABOUT 43 YEARS, R/AT AGGUNDA VILLAGE, KASABA HOBLI, ARASIKERE TALUK HASSAN - 573 103. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. G.B. NANDISH GOWDA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.1912/2023 INITIATED BY ARASIKERE RURAL POLICE STATION, HASSAN FOR THE OFFENCE P/U/S 323, 354, 427, 504, 506(B) R/W 149 OF IPC PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND J.M.F.C., ARASIKERE, HASSAN AS AGAINST THE PETITIONERS AND GRANT RELIEFS. IN CRL.P.NO.3156/2025: BETWEEN: 1. SRI. SHIVA MURTHY A. R. S/O RAJANNA, AGED ABOUT 48 YEARS, 2. SRI. RATHISH A.R. S/O RAJANNA AGED ABOUT 43 YEARS 3. SRI. RAJANNA - 3 - HC-KAR NC: 2025:KHC:24963 CRL.P No. 5453 of 2024 C/W CRL.P No. 3156 of 2025 S/O LATE MALLAIAH AGED ABOUT 80 YEARS 4. SRI. SHIVANANDA A P S/O LATE PARAMASHIVAIAH AGED ABOUT 61 YEARS 5. SMT. PUSHPAVATHI K.C, W/O SRI SHIVANANDA AGED ABOUT 53 YEARS 6. SMT. MAMATHA @ MADHU, W/O RATHISH, AGED ABOUT 36 YEARS, ALL ARE R/AT AGGUNDA VILLAGE, KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 103. …PETITIONERS (BY SRI. S. MAHESH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY STATION OFFICER, ARASIKERE RURAL POLICE STATION, ARASIKERE, REPESENTED BY STATE PUBLIC PROSECUTOR OFFICE AT HIGH COURT OF KARNATAKA BUILDING BENGALURU - 560 001. 2. SMT. CHANDRAMMA, W/O UMAMAHESHWARAIAH, AGED ABOUT 67 YEARS, R/AT AGGUNDA VILLAGE, KASABA HOBLI, ARASIKERE TALUK, HASSAN DISTRICT - 573 103. …RESPONDENTS (BY SRI. CHANNAPPA ERAPPA, HCGP FOR R1; SRI. B.C. VENKATESH, ADVOCATE FOR R2) - 4 - HC-KAR NC: 2025:KHC:24963 CRL.P No. 5453 of 2024 C/W CRL.P No. 3156 of 2025 THIS CRL.P IS FILED U/S 482 OF CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE PROCEEDINGS IN CC.NO.1911/2023 (CRIME NO.118/2023) FOR THE OFFENCE P/U/S. 447, 323, 354, 504, 506 AND 149 OF IPC PENDING ON THE FILE OF THE PRL.CIVIL JUDGE AND JMFC, ARASIKERE AT HASSAN DISTRICT. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR ORAL ORDER Petitioners in Crl.P.No.5453/2024 seek the following reliefs: "(a) To quash the entire proceedings in CC No. 1912/2023 initiated by Arasikere Rural Police Station, Hassan, for offences under Section 323, 354, 427, 504, 506(B) and 149 of IPC pending on the file of Hon'ble Principal Civil Judge & JMFC, Arasikere, Hassan as against the Petitioners and grant reliefs, in the interest of justice. (b) To pass such other relief(s), Order(s), Direction(s) as the Hon'ble Court deem fit & proper in the interest of justice and equity." 2. Petitioners in Crl.P.No.3156/2025 seek the following reliefs: "a. Quash the proceedings in CC No.1911/2023 (Crime No.118/2023) for the offence punishable under section 447,323,354,504,506 and 149 of IPC pending on the file of the Prl.Civil Judge and JMFC, - 5 - HC-KAR NC: 2025:KHC:24963 CRL.P No. 5453 of 2024 C/W CRL.P No. 3156 of 2025 Arasikere at Hassan District, in the interest of justice and equity. b. And grant such other order or directions as this Hon'ble Court deems fit under the circumstances of the costs, in the interest of justice and equity." 3. Heard the learned counsel for the Petitioner and Respondent No.2 in both the matters and learned HCGP and perused the material on record. 4. Learned counsel for the Petitioners and Respondent in both the Petitions respectively and jointly submit that both the Petitions arise out of case and counter case filed by both parties against each other and both the impugned proceedings may be quashed in relation to the parties in both the petitions. 5. Joint submission is placed on record. Petitions are disposed off accordingly. 6. In the result, I make the following: ORDER i) Both the Petitions are hereby allowed. - 6 - HC-KAR NC: 2025:KHC:24963 CRL.P No. 5453 of 2024 C/W CRL.P No. 3156 of 2025 ii) Both impugned Proceedings in C.C.No.1912/2023, initiated by Arasikere Rural Police `Station, Hassan for the offences punishable under Section 323, 354, 427, 504, 506(B) r/w Section 149 of IPC, pending on the file of the Principal Civil Judge and JMFC, Arasikere, Hassan and C.C.NO.1911/2023, arising out of Crime No.118/2023 filed by the Arasikere Rural Police Station, Arasikere, pending on the file of the Principal Civil Judge and JMFC, Arasikere at Hassan, for the alleged offences punishable under Sections 447, 323, 354, 504 and 506 r/w Section 149 of IPC qua the Petitioners are hereby stand quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Bsv List No.: 1 Sl No.: 10