- 1 - NC: 2025:KHC:3172 CRL.P NO.13015 OF 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 24TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO.13015 OF 2023 BETWEEN: 1. KANTHESH S/O NINGAPPA JALLERA, AGED ABOUT 34 YEARS, VETERINARY DOCTOR, JEENAHALLI VILLAGE, HONNALI TALUK, DAVANAGERE DISTRICT - 577 223. 2. NINGAMMA W/O CHANNABASAPPA HONNAPPANAVAR, AGED ABOUT 44 YEARS, OCC: HOUSEHOLD, R/AT KAVALETHU VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT - 581 115. 3. LALITHA POOJAR W/O LAKKAPPA POOJAR, AGED ABOUT 43 YEARS, ANAGANAWADI TEACHER AT MEDLERI, R/AT MEDLERI VILLAGE, HORAGUDI ROAD, RANEBENNUR TALUK, HAVERI DISTRICT - 581 211. 4. RATHNAMMA W/O HANUMANTHAPPA, AGED ABOUT 41 YEARS, SECRETARY, ITAGI GRAMA PANCHYATH, R/T ITAGI VILLAGE, RANEBENNUR TALUK, HAVERI DISTRICT - 581 208. Digitally signed by ARUNKUMAR M S Location: High Court of Karnataka - 2 - NC: 2025:KHC:3172 CRL.P NO.13015 OF 2023 5. SHARADAMMA W/O BEERAPPA HUCHAPPANAVAR, AGED ABOUT 36 YEARS, OCC: HOUSEHOLD, R/AT MAKANUR VILLAGE, NEAR GARADIMANE, RANEBENNUR TALUK, HAVERI DISTRICT - 581 123. …PETITIONERS (BY SRI. S.G. RAJENDRA REDDY, ADVOCATE) AND: 1. SMT. ASHWINI W/O SIDDESH JALLERA, AGED ABOUT 31 YEARS, R/AT 1ST MAIN, 10TH CROSS, K.T.J. NAGAR, DAVANAGERE - 577 002. 2. PRATHAMA S.J. S/O SIDDESH JALLERA, AGED ABOUT 9 YEARS, MINOR, REP. BY THEIR NATURAL GUARDIAN, MOTHER-RESPONDENT NO.1. 3. YASHASHWINI S.J. D/O SIDDESH JALLERA, AGED ABOUT 5 YEARS, L.K.G. STUDENT MINOR, REP. BY THEIR NATURAL GUARDIAN MOTHER-RESPONDENT NO.1. …RESPONDENTS (RESPONDENT NO.1 - SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.111/2023 FIELD UNDER SECTION 12(1) OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT PENDING ON THE FILE OF IV ADDITIONAL CIVIL JUDGE AND JMFC., DAVANAGERE. - 3 - NC: 2025:KHC:3172 CRL.P NO.13015 OF 2023 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.R. KRISHNA KUMAR ORAL ORDER In this writ petition, petitioners seek following relief: "Quash the entire proceedings in Crl.Misc. No.111/2023 filed U/Sec.12(1) of Protection of Women from Domestic Violence Act, 2005, pending on the file of the IV Addl. Civil Judge and JMFC., Davanagere, in the interest of justice." 2. Heard learned counsel for the petitioner and perused the material on record. 3. Respondents having been served with notice of the petition, have chosen to remain unrepresented and have not contested the petition. 4. A perusal of the material on record will indicate that the respondent No.1-Ashwini had been married to one Sri. Siddesh Jallera and respondent No.s 2 and 3 are their children. The respondents have initiated the proceedings under Section 12(1) of the Protection of Women from Domestic Violence Act against the aforesaid Siddesh Jallera by arraigning him as accused No.1. In this context, it is relevant to state that the petitioner No.1 is the - 4 - NC: 2025:KHC:3172 CRL.P NO.13015 OF 2023 brother-in-law and petitioners 2 to 5 are sisters-in-law of the respondent No.1. 5. A perusal of the impugned proceedings initiated against the accused persons will indicate that, there is no domestic relationship between the petitioners herein and the respondents so as to enable the respondents to institute proceedings under Section 12(1) of the Protection of Women from Domestic Violence Act against the petitioners especially, when the petitioners and respondents are not residing together in a shared house. It is needless to state that the respondents would be entitled to prosecute their claim as against the accused Nos.1 and 2 and in the absence of any pleadings or evidence against the petitioner- accused Nos.3 to 7 in Crl.Misc. No.111/2023 pending on the file of the IV Additional Civil Judge and JMFC, Davanagere in the facts and circumstances of the instant case, the continuation of the proceedings against the petitioners herein would amount to abuse of process of law warranting interference by this Court. 6. In the result, I pass the following: O R D E R 1) Criminal Petition is allowed; - 5 - NC: 2025:KHC:3172 CRL.P NO.13015 OF 2023 2) The entire proceeding in Crl.Mis.No.111/2023 pending on the file of the IV Additional Civil Judge and JMFC., Davanagere for the offence punishable under Section 12(1) of the Protection of Women from Domestic Violence Act qua the petitioner-accused Nos.3 to 7 are hereby quashed. SD/- (S.R.KRISHNA KUMAR) JUDGE ARK List No.: 1 Sl No.: 23