- 1 - NC: 2025:KHC-D:74 CRL.P No. 100292 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100292 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. NAGARAJA S/O NAGAJJA AGE: 29 YEARS, OCC: AGRICULTURE, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. 2. SAVITA S/O. LATE KARIBASAPPA, AGE: 36 YEARS, OCC: AGRICULTURE, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. 3. NAGAJJA S/O. SHARANAPPA AGE: 56 YEARS, OCC: AGRICULTURE, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. 4. BASANNA S/O. SUBBANNA, AGE: 59 YEARS, OCC: AGRICULTURE, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. 5. RAVI S/O. BASAPPA AGE: 26 YEARS, OCC: AGRICULTURE, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. 6. BHARAMAKKA W/O. YARRIYAPPA, AGE: 41 YEARS, OCC: AGRICULTURE, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. 7. GIRIJAMMA S/O. BASANNA, AGE: 41 YEARS, OCC: AGRICULTURE, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.09 12:51:07 +0530 - 2 - NC: 2025:KHC-D:74 CRL.P No. 100292 of 2022 8. KUBERA S/O. NANJAPPA, AGE: 31 YEARS, OCC: LABOUR, TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. 9. SUNITA W/O. KUBERA, AGE: 26 YEARS, OCC: LABOUR, TIPPANAMARADI VILLAGE SANDURU, BALLARI-583 128. … PETITIONERS (BY SRI. HANUMESH M. DESAI, ADVOCATE FOR SRI. N.D. GUNDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY GUDEKOTE P.S., REPRESENTED BY SPECIAL PUBLIC PROSECUTOR, HIGH COURT PREMISES, DHARWAD. 2. SMT. KAMALAMMA W/O. KUBERAPPA, AGE: 47 YEARS, OCC: AGRICULTURE, R/O: TIPPANAMARADI VILLAGE, SANDURU, BALLARI-583 128. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1) (R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ORDER DATED: 13.09.2021 IN C.C. NO.361/2021 PASSED BY THE COURT OF CIVIL JUDGE AND JMFC SANDUR THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE U/S 323, 324, 354(B), 504, 506, 143, 147, R/W 149 OF IPC, IN CRIME NO.75/2021 OF GUDIKOTE POLICE, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:74 CRL.P No. 100292 of 2022 THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who are facing trial for offences punishable under Sections 143, 147, 323, 324, 504, 506, and 354 read with Section 149 of the Indian Penal Code, are before this Court seeking relief. 2. The case of the prosecution is that on 04.07.2021, at about 12:30 p.m., when C.W.4 and C.W.5 were removing parthenium plants from their agricultural land, accused No. 2, who owns the adjoining land, allegedly abused C.W.5 in filthy language, questioning why they were dumping the parthenium plants on her land. Accused No. 2 is also alleged to have threatened C.W.5’s life. When C.W.1 and C.W.4 intervened to question accused No. 2’s conduct, she is said to have assaulted C.W.1 with her hand and pulled her hair. 3. Later, on the same day, at about 3:00 p.m., accused Nos. 1 to 9, allegedly forming an unlawful assembly, came near C.W.1’s house, abused the chargesheet witnesses in filthy language, and engaged in violent acts. Accused No. 1 is alleged to have assaulted C.W.1 on the left ear, causing bleeding injuries. Accused Nos. 3 to 5 allegedly assaulted C.W.4 with their hands. Accused No. 8 is alleged to have pulled C.W.1’s hair, and accused No. 1 allegedly pulled C.W.1’s saree, outraging her modesty. - 4 - NC: 2025:KHC-D:74 CRL.P No. 100292 of 2022 4. The learned Magistrate, after accepting the final report, took cognizance of the aforementioned offences. Taking exception to this, the petitioners have approached this Court. 5. Heard the learned counsel for the petitioners and the learned Additional Government Advocate (AGA) for respondent No. 1/State. 6. Respondent No. 2 (the de facto complainant), despite being served with notice, has neither appeared in person nor through counsel. Accordingly, Respondent No. 2 is placed ex parte. 7. The dispute between the parties stems from the removal of parthenium plants and their alleged dumping on the land belonging to the accused. A perusal of the statements of the chargesheet witnesses reveals general and omnibus allegations without specific details as to how and in what manner each accused assaulted the injured witnesses. 8. The wound certificate indicates that C.W.1 sustained simple injuries allegedly inflicted by accused No. 1. However, no material is presented to substantiate that the other injured persons sustained injuries caused by the other accused. Furthermore, although the wound certificate is produced along with the chargesheet to show that C.W.1 suffered simple injuries, the doctor’s statement who examined C.W.1 has not been recorded, casting doubt on the authenticity of the wound certificate. 9. The incident appears to be trivial in nature, arising out of a spur-of-the-moment quarrel concerning the removal and dumping - 5 - NC: 2025:KHC-D:74 CRL.P No. 100292 of 2022 of parthenium plants, which has been unnecessarily given a criminal dimension to implicate the accused. 10. In light of the above, continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. 11. Hence, the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.361/2021 pending on the file of the Civil Judge & JMFC, Sandur, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 80