- 1 - NC: 2025:KHC-D:2905 CRL.P No. 100342 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 13TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100342 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI. BASAVARAJ S/O CHANNABASAPPA GOORANVAR, AGE: 43 YEARS, OCC: AGRICULTURE, R/O: GUDDADAMATTIHALLI, TQ: HANGAL, DIST: HAVERI, PIN-581 148. 2. SHRI. MANJAPPA S/O. CHANNABASAPPA GOORANVAR, AGE: 55 YEARS, OCC: AGRICULTURE, R/O: GUDDADAMATTIHALLI, TQ: HANGAL, DIST: HAVERI, NOW STAYING AT VIDYANAGAR, HAVERI, PIN-581 148. 3. SHRI. CHANDRAPPA S/O. SIDDAPPA JADAR, AGE: 36 YEARS, OCC: AGRICULTURE, R/O: GUDDADAMATTIHALLI, TQ: HANGAL, DISTRICT: HAVERI, PIN-581 148. 4. SHRI. GURU S/O. KESHAPPA JADAR, AGE: 34 YEARS, OCC: CONTRACTOR IN KEB, R/O: GUDDADAMATTIHALLI, TQ: HANGAL, DISTRICT: HAVERI, PIN-581 148. … PETITIONERS (BY SRI. T.R. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS POLICE INSPECTOR OF ADUR P.S., R/BY S.P.P. HIGH COURT BUILDING, DHARWAD. 2. KUMARI. PREMA D/O. TIRAKAPPA HERUR, AGE: 22 YEARS, OCC: HOUSE WORK, Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:20 +0530 - 2 - NC: 2025:KHC-D:2905 CRL.P No. 100342 of 2022 R/O: GUDDADAMATTIHALLI, TQ: HANGAL, DISTRICT: HAVERI, PIN-581 148. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. GANAPATI M. BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH COGNIZANCE TAKEN FOR THE OFFENCES PUNISHABLE U/S 323, 354, 504 AND 506 R/W 34 OF I.P.C. BY THE HON’BLE CIVIL JUDGE AND JMFC AT: HANGAL, IN C.C.NO.83/2021 (ARISING OUT OF ADUR P.S. CRIME NO.140/2020) DATED 27.07.2021 AND CONSEQUENTLY QUASH THE ENTIRE CHARGE SHEET IN C.C.NO.83/2021 (ARISING OUT OF ADUR P.S. CRIME NO.140/2020) FILED AGAINST THESE PETITIONERS FOR THE OFFENCES PUNISHABLE U/S 323, 354, 504 AND 506 R/W SECTION 34 OF I.P.C. IN SO FAR THE PETITIONERS HEREIN/ARRAYED AS ACCUSED NOS. 1 TO 4 RESPECTIVELY, IN THE INTEREST OF JUSTICE. 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 1. The petitioners, who are facing prosecution for offences punishable under Sections 323, 354, 504, and 506 read with Section 34 of the Indian Penal Code (IPC), have approached this Court seeking appropriate relief. 2. The prosecution’s case is that on 04.10.2020, at approximately 9:00 AM, CW-4 was engaged in work on the land bearing Survey No. 1/2, when the accused allegedly abused her in filthy language. Upon being confronted, CW-1 arrived at the scene, where the accused are alleged to have abused, assaulted, and outraged the modesty of the complainant’s mother. - 3 - NC: 2025:KHC-D:2905 CRL.P No. 100342 of 2022 3. The Arguments Advanced Learned counsel for the parties have been considered. 4. It is pertinent to note that the petitioner had already lodged a First Information Report (FIR) against Respondent No. 2 and others for offences punishable under Sections 143, 147, 148, 323, 324 read with Section 149 IPC. This FIR pertains to the same date, i.e., 04.10.2020, and the incident occurred around 9:30 AM. 5. Significantly, Respondent No. 2 lodged her FIR on 19.10.2020, alleging an incident that had purportedly taken place on 04.10.2020. The delay of 15 days in lodging the FIR raises serious doubts regarding the veracity and spontaneity of the allegations. This delay strongly suggests that the FIR filed by Respondent No. 2 was a counterblast to the FIR earlier lodged by the petitioner. 6. The case registered against Respondent No. 2 and others, based on the FIR filed by the petitioner, has culminated in their acquittal. This acquittal further weakens the allegations made by Respondent No. 2, as it casts doubt on the entire sequence of events. 7. A perusal of the charge sheet materials reveals that: • The allegations against the petitioners are general and omnibus in nature, with no specific details regarding the overt acts of each accused person. - 4 - NC: 2025:KHC-D:2905 CRL.P No. 100342 of 2022 • The charge sheet fails to establish how and in what precise manner each of the accused allegedly subjected Respondent No. 2 and her family members to any offence. • The wound certificate produced as part of the charge sheet indicates that CW-4 did not sustain any external injuries, further weakening the prosecution’s case. 8. Given the lack of specific allegations, the considerable delay in filing the FIR, and the acquittal of Respondent No. 2 in the connected case, it is evident that the present criminal proceedings are nothing more than an abuse of the process of law. The initiation and continuation of these proceedings appear to be motivated by malafide intent, possibly as a retaliatory measure against the petitioner. 9. In light of the foregoing observations, it is evident that the continuation of criminal proceedings against the petitioners would not serve the ends of justice and would instead amount to harassment and abuse of judicial process. ORDER i. Accordingly, petition is allowed. ii. The impugned proceedings in C.C.No.83/2021 on the file of civil judge and JMFC, Hangal are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN/CT:BCK