- 1 - NC: 2025:KHC:13726 CRL.P No. 12601 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 1ST DAY OF APRIL, 2025 BEFORE THE HON'BLE MR JUSTICE MOHAMMAD NAWAZ CRIMINAL PETITION NO. 12601 OF 2023 (482(Cr.PC) / 528(BNSS)) BETWEEN: 1. SRI. DEEPAK K. G., S/O. LATE GUNDAIAH, AGED ABOUT 36 YEARS, 2. SMT. SAVITHRAMMA W/O. LATE GUNDAIAH, AGED ABOUT 55 YEARS, BOTH ARE R/AT KOTHAGERE VILLAGE AND HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, KARNATAKA – 572 130. …PETITIONERS (BY SMT. SARASWATHI M., ADVOCATE FOR SRI.V. RAJAIAH, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY KUNIGAL POLICE STATION, TUMAKURU DISTRICT, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BENGALURU – 560 001. 2. SMT. SANGEETHA, W/O SURESH, AGED ABOUT 30 YEARS, R/AT KOTHAGERE VILLAGE AND HOBLI, KUNIGAL TALUK, TUMAKURU DISTRICT, KARNATAKA – 572 130. …RESPONDENTS Digitally signed by LAKSHMI T Location: High Court of Karnataka - 2 - NC: 2025:KHC:13726 CRL.P No. 12601 of 2023 (BY SMT. RASHMI PATEL, HCGP FOR R1; SMT. NAGAVENI, ADVOCATE FOR R2) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE FIR NO.73/2023 DATED 16.03.2023 REGISTERED BY THE KUNIGAL P.S., AS PER ANNEXURE-A, CONSEQUENTLY QUASH ALL THE CHARGE SHEET FILED IN CR.NO.73/2023 AS PER ANNEXURE-G AND CONSEQUENTLY QUASH THE ORDER DATED 13.10.2023 FOR TAKING COGNIZANCE AGAINST THE PETITIONERS AND CAUSING NOTICE TO THE PETITIONERS IN C.C.NO.4375/2023 ON THE FILE OF THE SENIOR CIVIL JUDGE AND J.M.F.C KUNIGAL TUMAKURU AS PER ANNEXURE-G1. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE MOHAMMAD NAWAZ ORAL ORDER FIR in Cr.No.73/2023 registered at Kunigal Police Station for offences punishable under Section 323, 448, 354, 504, 506 r/w 34 IPC and the consequential charge sheet are under challenge in this petition. 2. It is contended by the learned counsel that, petitioners are totally innocent of the offences alleged and a civil dispute has been given a colour of criminal offence. It is further contended that in respect of the incident in question, petitioner No.2 has also lodged a complaint and the present - 3 - NC: 2025:KHC:13726 CRL.P No. 12601 of 2023 complaint is a counter blast, making false and frivolous allegations. 3. It is alleged in the complaint lodged by respondent No.2 that on 16.3.2023 at about 8.00 a.m., the accused trespassed into their house and picked up quarrel in connection with a civil dispute and assaulted her mother-in-law, husband, her mother, father-in-law and outraged the modesty of her mother-in-law by pulling her saree etc. 4. It is not in dispute that petitioner No.2 also lodged a complaint in respect of the incident which took place on 16.3.2023 at about 8.20 a.m. alleging physical assault etc., by one Jayamma and Siddagangamma, namely the injured in the present case. On her complaint, Cr.No.74/2023 was registered at Kunigal Police Station for offence punishable under Section 323 and 504 r/w 34 of IPC. 5. In both the cases i.e., Cr.No.73/2023 and Cr.No.74/2023, charge sheets are filed. 6. In view of the contents of the complaints, at this stage, it cannot be said that no case is made out against the - 4 - NC: 2025:KHC:13726 CRL.P No. 12601 of 2023 petitioners for alleged offences. However, petitioners are at liberty to file discharge application, before the trial Court. If any such application is filed, same shall be considered by the trial Court in accordance with law, without being influenced by the dismissal of this petition. 7. With the above observation, petition is dismissed. I.A.No.1/2023 is disposed of. Sd/- (MOHAMMAD NAWAZ) JUDGE TL List No.: 1 Sl No.: 31