- 1 - HC-KAR NC: 2025:KHC-D:9288 CRL.P No. 103194 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF JULY 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103194 OF 2024 (482 (CR.PC)/528 (BNSS)) BETWEEN: 1. SRI. LALLA S/O. CHAMPAK PARMAR, AGE: 65 YEARS, OCC: LABOUR, R/O: ADODIAYAVA, BHAVA NAGAR, GUJARAT-364 001. 2. SRI. PAVAN S/O. VIJAY PARMAR, AGE: 42 YEARS, OCC: LABOUR, R/O: SUBASH NAGAR, AHEMADABAD-382 340. 3. SMT. SHEETAL W/O. PAVAN PARMAR, AGE: 35 YEARS, OCC: HOUSE WIFE, R/O: SUBASH NAGAR, AHEMADABAD-382 340. … PETITIONERS (BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, THROUGH WOMEN P.S., DHARWAD. 2. SMT. GEETABEN W/O. HEMARAJ PARMAR, AGE: 43 YEARS, OCC: HOUSE WIFE, R/O: KASTURBA NAGAR, MANTUR ROAD, HUBBALLI. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SMT. PADMAJA S. TADAPATRI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE ENTIRE PROCEEDINGS I.E. THE REGISTRATION OF FIR, COMPLAINT, SPLIT-UP OF CHARGE-SHEET IN CC NO.836/2015 PENDING ON THE FILE OF III ADDL. CIVIL JUDGE AND JMFC, HUBBALLI, FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, 323, 504, 506 R/W 34 OF IPC, AGAINST THE PETITIONERS/ACCUSED NO.2, 5 AND 6 ARE CONCERNED IN THE INTEREST OF JUSTICE. RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:9288 CRL.P No. 103194 of 2024 THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos. 2, 5 and 6 in C.C.No.836 of 2015 pending before the Court of III Additional Civil Judge and JMFC, Hubballi arising out of Crime No.11/2007 registered by Woman Police Station, Hubballi-Dharwad City for the offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC are before this Court with a prayer to quash the entire proceedings passed against them in the aforesaid case. 2. Learned counsel for the petitioners submits that accused No.2 is the paternal uncle of accused No.1, who is the husband of the first informant-wife. Accused Nos.5 and 6 are the brother and sister-in-law of accused No.1. He submits that accused Nos.1 and 4, who were tried for the charge sheeted offences in C.C. No.840 of 2015 have been acquitted by the jurisdictional Magistrate and the judgment and order of acquittal passed in C.C. No.840 of 2015 has attained finality. - 3 - HC-KAR NC: 2025:KHC-D:9288 CRL.P No. 103194 of 2024 3. Learned HCGP does not dispute the aforesaid submission made on behalf of the petitioners. 4. In the present case, charge sheet was filed against the petitioners and other accused persons for the offences punishable under Section 498A, 323, 504, 506, read with 34 of IPC. Accused Nos.1 and 4 were tried for the charge sheeted offences in C.C. No.840 of 2015, wherein similar allegations were made against them and they were acquitted by the jurisdictional Court by judgment and order of acquittal dated 30.08.2019. Undisputedly, the judgment and order of acquittal passed against accused Nos.1 and 4 has attained finality. The petitioners herein are the paternal uncle, brother and sister-in-law of accused No.1. The allegation as against the petitioners herein and other accused, who were tried and acquitted in C.C. No. 840 of 2015 by the Jurisdictional Court of Magistrate are similar. Under the circumstances, no useful purpose would be served by trying the aforesaid accused for the similar allegations and the said exercise would be only a futile exercise. Under the circumstances, I am of the opinion that the prayer made by the petitioner is for quashing the - 4 - HC-KAR NC: 2025:KHC-D:9288 CRL.P No. 103194 of 2024 further proceedings in C.C. No. 836 of 2015, pending before the Court of the III Additional Civil Judge and JMFC, Hubballi, arising out of Crime No.11/2007 registered by the Women Police Station, Hubballi-Dharwad City needs to be granted. Accordingly, the following: ORDER (i) The criminal petition is allowed. (ii) The entire proceedings in C.C. No. 836 of 2015, pending on the file of III-Additional Civil Judge and JMFC, Hubballi, arising out of Crime No.11/2007 registered by the Women Police Station, Hubballi-Dharwad City, insofar as the petitioners - accused Nos.2, 5 and 6 are concerned, are hereby quashed. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK & VNP / CT:BCK LIST NO.: 1 SL NO.: 47