- 1 - NC: 2025:KHC-D:2327 CRL.P No. 100403 of 2025 C/W CRL.P No. 103224 of 2022 CRL.P No. 100493 of 2025 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100403 OF 2025 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103224 OF 2022 CRIMINAL PETITION NO. 100493 OF 2025 IN CRL.P. NO.100403 OF 2025: BETWEEN: 1. PANDAPPA S/O. VENKAPPA CHAVALAR AGE. 78 YEARS, OCC. AGRICULTURE, R/O. RMAPURAPETH, RAMDURG, DIST. BELAGAVI-591123. 2. VENKAPPA S/O. PANDAPPA CHAVALAR AGE. 48 YEARS, OCC. AGRICULTURE, R/O. RAMAPURAPETH, RAMDURG, DIST. BELAGAVI-591123. 3. SAVITA W/O. VENKAPPA CHAVALAR AGE. 41 YEARS, OCC. HOMEMAKER, R/O. RAMAPURAPETH, RAMDURG, DIST. BELAGAVI-591123. …PETITIONERS (BY SRI. ANAND KUMAR ASHTEKAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY POLICE INSPECTOR, RAMDURGA, POLICE STATION, RAMDURGA, R/BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580001. 2. HEMA D/O. PANDAPPA CHAVALAR AGE. 47 YEARS, OCC. HOUSEHOLD, R/O. AUTO NAGAR, A.P.ROAD, RAMDURGA 583101, DIST. BELAGAVI. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.13 12:09:53 +0530 - 2 - NC: 2025:KHC-D:2327 CRL.P No. 100403 of 2025 C/W CRL.P No. 103224 of 2022 CRL.P No. 100493 of 2025 …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO QUASHING THE CHARGE SHEET DATED 24.12.2020 FILED BY THE RAMDURGA POLICE STATION RAMDURGA P.S. CRIME NO.171/2020 (SUBSEQUENTLY REGISTERED AS CC NO.86/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND JMFC, RAMDURGA) (PRODUCED VIDE DOCUMENT NO.03), FOR THE OFFENCES PUNISHABLE U/S 323, 324, 354, 504 AND 506 R/W SECTION 34 OF THE IPC, 1860 AS AGAINST THE PRESENT PETITIONERS/ACCUSED NO.1 TO 3. IN CRL.P. NO.103224 OF 2022: BETWEEN: 1. SATISH @ SATISHKUMAR S/O. PANDAPPA CHAVALAR, AGE. 43 YEARS, OCC. AGRICULTURE, R/O. RAMAPUR PETH, TQ. RAMADURG, DIST. BELAGAVI-591123. 2. PRAKASH S/O. PANDAPPA CHAVALAR AGE. 38 YEARS, OCC. EX-SERVICEMAN, R/O. RAMAPUR PETH, TQ. RAMADURG, DIST. BELAGAVI-591123. …PETITIONERS (BY SRI. K.L.PATIL AND SRI.S.S.BETURMATH, ADVOCATES) AND: 1. THE STATE OF KARNATAKA THROUGH RAMADURG POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SAVITA W/O. VENKAPPA CHAVALAR AGE. 30 YEARS, OCC. HOUSWIFE, R/O. RAMAPUR PETH, TQ. RAMADURG, DIST. BELAGAVI-591123. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. ANAND KUMAR ASHTEKAR, ADVOCATE FOR R1) - 3 - NC: 2025:KHC-D:2327 CRL.P No. 100403 of 2025 C/W CRL.P No. 103224 of 2022 CRL.P No. 100493 of 2025 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE ENTIRE CHARGE SHEET FILED AGAINST THE PRESENT PETITIONERS/ACCUSED NO.1 AND 2 IN RAMADURG POLICE STATION CRIME NO.7/2022 WHICH IS REGISTERED AS CC NO.454/2022 ON THE FILE OF SENIOR CIVIL JUDGE AND JMFC, RAMADURG, FOR OFFENCES PUNISHABLE U/S 448, 354, 323, 324, 427, 504, 506 R/W SECTION 34 OF IPC. IN CRL.P. NO.100493 OF 2025: BETWEEN: 1. SMT. HEMA PANDAPPA CHAVALAR AGE. 43 YEARS, OCC. SOFTWARE ENGINEER, R/O. RAMPURPETH, RAMADURGA, DIST. BELAGAVI-591123. 2. PRAKASH PANDAPPA CHAVALAR AGE. 37 YEARS, OCC. SOFTWARE ENGINEER, R/O. RAMPURPETH, RAMADURGA, DIST. BELAGAVI-591123. …PETITIONERS (BY SRI. K.L. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH RAMDURGA POLICE STATION, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. PANDAPPA VENKAPPA CHAVALAR AGE. 75 YEARS, OCC. AGRICULTURE, R/O. RAMPURPETH, RAMADURGA, DIST. BELAGAVI-591123. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1 SRI. ANAND KUMAR ASHTEKAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SE. 482 OF CR.P.C. (U/S. 528 OF BNSS, 2023) SEEKING TO, QUASH THE ENTIRE CHARGE SHEET REGISTERED AGAINST THE PETITIONERS/ ACCUSED NO.1 AND 2 IN RAMADURGA POLICE STATION CRIME NO. 170/2020 WHICH IS REGISTERED AS C.C.NO. 85/2021 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C. RAMADURGA, FOR OFFENECES P/U/SEC. 323, 324, 504 AND 506 R/W SEC. 34 OF IPC. - 4 - NC: 2025:KHC-D:2327 CRL.P No. 100403 of 2025 C/W CRL.P No. 103224 of 2022 CRL.P No. 100493 of 2025 THESE PETITIONS, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. These petitions arise out of case and counter-case proceedings. Therefore, they are heard together and disposed of by this common judgment. IN CRL.P. NO. 100403/2025 2. The petitioners are sought to be prosecuted for offences punishable under Sections 323, 324, 354, 504, and 506 read with Section 34 of the Indian Penal Code (IPC). 3. The prosecution alleges that the de facto complainant is the daughter of accused No.1, while accused No.2 is her brother and accused No.3 is her sister. It is alleged that, in connection with a property dispute, they abused, assaulted, and threatened the de facto complainant with dire consequences. IN CRL.P. NO. 100493/2025 4. The petitioners are sought to be prosecuted for offences punishable under Sections 323, 324, 504, and 506 read with Section 34 of the Indian Penal Code (IPC). - 5 - NC: 2025:KHC-D:2327 CRL.P No. 100403 of 2025 C/W CRL.P No. 103224 of 2022 CRL.P No. 100493 of 2025 5. The prosecution alleges that the de facto complainant is the father of accused No.1, while accused No.2 is his son. It is alleged that, in connection with a property dispute, they abused, assaulted, and threatened the de facto complainant with dire consequences. IN CRL.P. NO. 103224/2022 6. The petitioners are sought to be prosecuted for offences punishable under Sections 448, 354, 323, 324, 427, 504, and 506 read with Section 34 of the Indian Penal Code (IPC). 7. The prosecution alleges that the de facto complainant is the brother’s wife of accused Nos.1 and 2. It is alleged that they criminally trespassed into the subject land, abused, assaulted, outraged her modesty, and threatened her with dire consequences. 8. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1- State. 9. The parties before this Court are blood relatives, and the dispute among them pertains to the partition of properties, which is already pending adjudication in O.S. Nos. 155/2020, 156/2020, 8/2021, 28/2021, and 04/2022. The allegations made in the FIRs - 6 - NC: 2025:KHC-D:2327 CRL.P No. 100403 of 2025 C/W CRL.P No. 103224 of 2022 CRL.P No. 100493 of 2025 lodged against each other arise from the same property dispute, but have been given a criminal color with an intent to wreak vengeance and settle personal scores. 10. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. Permitting these cases to proceed would not serve the ends of justice and would only prolong the hostility between the parties. Accordingly, I pass the following: ORDER a. The petitions are allowed. IN CRL.P.NO.1000403/2025 b. The impugned proceedings in CC No.86/2021 pending on the file of the Senior Civil Judge and JMFC, Ramdurga, insofar as it relates to the petitioners – accused Nos.1 to 3 stands quashed. IN CRL.P.NO.100493/2025 c. The impugned proceedings in CC No.85/2021 pending on the file of the Senior Civil Judge and JMFC, Ramdurga, insofar as it relates to the petitioners – accused Nos.1 and 2 stands quashed. IN CRL.P.NO.103224/2022 d. The impugned proceedings in CC No.454/2022 pending on the file of the Senior Civil Judge and JMFC, Ramdurga, insofar as it relates to the - 7 - NC: 2025:KHC-D:2327 CRL.P No. 100403 of 2025 C/W CRL.P No. 103224 of 2022 CRL.P No. 100493 of 2025 petitioners – accused Nos.1 and 2 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 17