- 1 - NC: 2025:KHC-D:2907 CRL.P No. 100720 of 2022 C/W CRL.P No. 101354 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. 100720 OF 2022 (482(CR.PC)/528(BNSS)-) C/W CRIMINAL PETITION NO. 101354 OF 2022 IN CRL.P.NO. 100720 OF 2022: BETWEEN: NAGARAJ K.B., AGE: 49 YEARS, NOW WORKING AS ASST. LABOUR COMMISSIONER, MANGALURU DIVISION, MANGALURU-574 142, TQ: MANGALURU, DIST: DAKSHINA KANNADA. … PETITIONER (BY SRI. PRUTHVI K.S., ADVOCATE) AND: 1. THE STATE OF KARNATAKA, HAVERI RURAL POLICE STATION, HAVERI, RPTD. BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, AT: DHARWAD-580 011. 2. SURYANARAYAN S/O RAMACHANDRA HEDGE, AGE: 46 YEARS, OCC: ADVOCATE, R/O: VIDYANAGAR, HAVERI-581 110, TQ: AND DIST: HAVERI. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. VIDYASHANKAR G. DALAWAI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C. NO.186/2015 PENDING BEFORE THE PRINCIPAL CIVIL JUDGE AND Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:34 +0530 - 2 - NC: 2025:KHC-D:2907 CRL.P No. 100720 of 2022 C/W CRL.P No. 101354 of 2022 JMFC, HAVERI FOR THE OFFENCES PUNISHABLE U/S 323, 324, 504, 506 OF INDIAN PENAL CODE VIDE ANNEXURE-F, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P.NO. 101354 OF 2022: BETWEEN: SOORYANARAYAN S/O RAMACHANDRA HEDGE, AGE: 50 YEARS, OCC: ADVOCATE, R/O: VIDYANAGAR, POORVA BADAVANE, HAVERI, TQ: AND DIST: HAVERI-581 110. … PETITIONER (BY SRI. VIDYASHANKAR G. DALAWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY ITS PSI, HAVERI RURAL PS, REPRESENTED BY S.P.P. HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-011. 2. SRI. K.B. NAGARAJ S/O B. NAGARAJ, AGE: 49 YEARS, NOW WORKING AS ASSISTANT LABOUR COMMISSIONER, MANGALURU DIVISION, MANGALURU-574 142, TQ: MANGALURU, DIST: DAKSHINA KANNADA. … RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1; SRI. PRUTHVI K.S., ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO ALLOW THE CRIMINAL PETITION FILED U/SEC.482 OF CR.P.C. AND QUASH C.C. NO.737/2012 (ARISING OUT OF CRIME NO.33/2012 OF HAVERI RURAL PS) PENDING ON THE FILE OF COURT OF SENIOR CIVIL JUDGE AND JMFC, HAVERI FOR AN OFFENCES PUNISHABLE U/SECS. 353, 341, 504, 506 OF IPC, IN THE INTEREST OF JUSTICE AND EQUITY. - 3 - NC: 2025:KHC-D:2907 CRL.P No. 100720 of 2022 C/W CRL.P No. 101354 of 2022 THESE PETITIONS ARE 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 in Crl.P.No. 100720/2022 challenge the cognizance taken for offences punishable under Sections 323, 324, 504, and 506 of the IPC. 2. The second respondent lodged an FIR, alleging that the petitioner used abusive language, assaulted him, and issued threats. 3. After investigation, the police submitted their report. However, the second respondent filed a protest petition, and the learned Magistrate, after rejecting the ‘B’ report, recorded the statement of Respondent No.2 and took cognizance of the offences in Crl.P. No. 101354/2022. 4. The petitioner in Crl.P. No.101354/2002 is sought to be prosecuted for offences under Sections 353, 341, 504, and 506 of the IPC. The prosecution alleges that the petitioner, being a litigant, abused, threatened, and wrongfully restrained the second respondent from discharging his duties. 5. Heard the learned counsel for both parties. The case and counter-cases were filed by the petitioners concerning an incident that occurred during the hearing of a case. - 4 - NC: 2025:KHC-D:2907 CRL.P No. 100720 of 2022 C/W CRL.P No. 101354 of 2022 6. There is no material evidence to substantiate the allegations, and they do not satisfy the essential ingredients required to constitute the offences alleged. Notably, there is no accusation that the petitioner in Crl.P. No.101354/2022 used criminal force, assaulted, or wrongfully restrained the second respondent from discharging his public duties. The allegations made by the Respondent no.2 in Cr.P.No.100720/2022 are omnibus and general, and there is no specific overt act detailing how and in what manner the Petitioner abused, assaulted and threatened the Respondent No.2 with dire consequences. 7. The allegations arise out of an altercation that took place between the parties while hearing of a case, however, a criminal color. In such circumstances, the continuation of criminal proceedings would amount to an abuse of the process of law. ORDER i. Accordingly, petitions are allowed. ii. The impugned proceedings in C.C.No.737/2012 and C.C.No.186/2015 on the file of Prl. Civil Judge in JMFC, Haveri, are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN CT:BCK LIST NO.: 1 SL NO.: 58