- 1 - NC: 2025:KHC-D:1864 CRL.P No. 100553 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100553 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. BHASKAR G. S/O. DHANUSHKOTI SHETTI G., AGE. 52 YEARS, OCC. DRIVER IN CJM COURT BALLARI, R/O. WARD NO.32, BEHIND T.B. SANITARIUM HOSPITAL, RAMANJINEYANAGAR, BALLARI-583101. 2. SMT. JAYALAKSHMI M. W/O. LATE GOPAL G., AGE. 67 YEARS, OCC. HOUSEWIFE, R/O. H.NO.509/A, WARD NO. 32, OPP. TO RAMANJINEYA TEMPLE, T.B. SANITARIUM ROAD, RAMANJINEYANAGAR, BALLARI- 583101. 3. SMT. UMADEVI W/O. LATE NAGARAJA, AGE. 45 YEARS, OCC. FDA IN FAMILY COURT, BALLARI, R/O. H.NO.509/A, WARD NO.32, OPP. TO RAMANJINEYA TEMPLE, T.B. SANTITARIUM ROAD, RAMANJINEYANAGAR, BALLARI-583101. 4. SMT. GEETHA G. W/O. BHASKAR G. AGE. 47 YEARS, OCC. FDA IN VIMS, BALLARI, R/O. WARD NO. 32, BEHIND T.B., SANTITARIUM HOSPITAL, RAMANJINEYANAGAR, BALLARI- 583101. 5. SMT. VASANTHI W/O. LATE ANTHONI AGE. 63 YEARS, OCC. HOUSE WIFE, R/O. WARD NO. 32, BEHIND T.B. SANTITARIUM HOSPITAL, RAMANJINEYANAGAR, B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.01 13:32:27 +0530 - 2 - NC: 2025:KHC-D:1864 CRL.P No. 100553 of 2022 BALLARI- 583101. 6. SMT. JEEVA W/O. RAJA AGE. 52 YEARS, OCC. HEAD MISTRES AT GHP GOVT. SCHOOL, THIMMALAPUR, KUDITHINI VILLAGE, BALLARI, R/O. WARD NO. 32, BEHIND T.B. SANITARIUM HOSPITAL, RAMANJINEYANAGAR, BALLARI-583101. …PETITIONERS (BY SRI. SRINAND A.PACHCHAPURE, ADVOCATE FOR P2 TO P6; PETITION AGAINST P1 IS DISMISSED AS ABATED) AND: 1. THE STATE OF KARNATAKA BY SUB INSPECTOR OF POLICE, COWL BAZAAR POLICE STATION, BALLARI, REPRESENTED BY SPP, HIGH COURT OF KARNATAKA, DHARWAD- 583101. 2. SMT. MINILADEVI W/O. ABDUL HAMEED AGE. 46 YEARS, OCC. NOT KNOWN, R/O. H.NO. 509/B, NEAR RAMANJINEYA TEMPLE, T.B. SANITORIUM ROAD, BALLARI- 583101. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. CHANDRASHEKAR R.HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE IMPUGNED ORDER DATED 27.07.2020 IN TAKING COGNIZANCE OF THE OFFENCE U/SEC.143, 147, 323, 354(B), 504, 506 R/W 149 OF IPC BY THE 2ND ADDITIONAL CIVIL JUDGE AND JMFC AT BALLARI IN CC NO.658/2020 IN SO FAR THE PETITIONERS/ACCUSED NO.1 TO 6 ARE CONCERNED AND CONSEQUENTLY QUASH THE CHARGE SHEET IN SO FAR THE PETITIONERS ARE IS CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:1864 CRL.P No. 100553 of 2022 ORAL ORDER The petitioner-accused No.1 is reported to be no more. Therefore, the petition insofar it relates to petitioner No.1 is dismissed as abated. 2. Petitioners who are sought to be prosecuted for the offences punishable under Sections 143, 147, 323, 354(B), 504, 506 R/w 149 of IPC are before this Court. 3. The case of the prosecution is that, accused No.2 is the mother, accused Nos.3 and 4 are the sisters and accused No5 and 6 are the relatives of the respondent No.2-defacto-complainant, and they with an intention to dispossess the complainant from the house property criminally trespassed into the house, assaulted, abused and out raged the modesty of the respondent No.2-defacto-complainant. 4. Heard the learned counsel for the petitioners and learned Additional Government Advocate, so also learned counsel for the respondent No.2. 5. The alleged incident of accused trespassing into the house was on 14.10.2018 and the FIR was lodged on 25.7.2019 without offering any plausible explanation for the delay in filing the FIR. The perusal of the charge sheet material indicated that, except omnibus and general allegations, there is no specific overt act against each of the accused, detailing how and in what manner they abused, assaulted and out raged the modesty of the respondent No.2-defacto complainant. Statement of the eye-witnesses to the incident was recorded after 9 months from the date of the incident. 6. The learned counsel for the petitioners on receiving instruction submits that, a suit in O.S. No.282/2018 is filed by the defacto - 4 - NC: 2025:KHC-D:1864 CRL.P No. 100553 of 2022 complainant for partition and separate possession, which came to be dismissed on 1.10.2024, during the pendency of this petition. Therefore, it implies that the respondent-No.2-defacto complainant disputed in relation to title with regard to the house property, and when the title and possession with regard to the subject property is pending, the petitioners cannot be prosecuted for the aforesaid offences. Therefore, the continuation of the criminal proceedings against the petitioners-accused herein will be an abuse of the process of law. 7. Accordingly, I pass the following: ORDER i) The criminal petition is allowed. ii) The impugned proceedings in C.C.No.658/2020, pending on the file of the II Additional Civil Judge and JMFC at Ballari, insofar it relates to the petitioners herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh