- 1 - NC: 2025:KHC-D:2796 CRL.P No. 100810 of 2022 C/W CRL.P No. 100881 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100810 OF 2022 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100881 OF 2022 IN CRL.P. NO.100810 OF 2022: BETWEEN: SHRI. ABHILASH S/O. SANJAY HANAMANNAVAR AGE. 30 YEARS, OCC. ADVOCATE, R/O. H.NO.185, KAMESHWAR GALLI, ANGOL, BELAGAVI-590006 AND C/O. S.G.BIRADAR, ADVOCATE, 1ST FLOOR, SAI ESHWAR PLAZA, SPM ROAD, OPP. PRAKASH THEATER, BELAGAVI-01. …PETITIONER (BY SRI. SHREEVATSA HEGDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA REPRESENTED BY HCGP, DHARWAD. 2. SMT. JEEVAN W/O. PANCHAXARI GODI AGE. 41 YEARS, OCC. HOUSEWIFE, R/O. H.NO. 87/A, SHRI BASAVA, 11TH CROSS, NIRMAL NAGAR, DHARWAD. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. ROHIT S.PATIL AND SRI. SHRIKANT T.PATIL, ADVS. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. SEEKING TO, QUASH THE COMPLAINT DATED 15.07.2021 IN PC NO.34/2021 ON THE FILE OF T HE 3RD ADDITIONAL SENIOR CIVIL JUDGE AND JMFC, DHARWAD, FIR IN CRIME NO.201/2021 REGISTERED BY THE VIDYAGIRI POLICE, DHARWAD, PUNISHABLE U/S 166, 219, 506, 341, 504, 149, 167, 218, 448, 339 OF IPC, IN SO FAR AS PETITIONER AS CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.19 13:15:37 +0530 - 2 - NC: 2025:KHC-D:2796 CRL.P No. 100810 of 2022 C/W CRL.P No. 100881 of 2022 IN CRL.P. NO.100881 OF 2022: BETWEEN: 1. SMT. SWETA W/O. MANJUNATH KAPPALGUDDI, AGE. 29 YEARS, OCC. HOUSEHOLD WORK, R/O. ASHOK KUSALAPUR, HOUSE NO. 2120/A, MARADIGALLI, BAILHONGAL, DIST. BELAGAVI-590004. 2. SHRI. ASHOK S/O. SHIVAPUTRAPPA KUSALAPUR, AGE. 59 YEARS, OCC . PRIVATE JOB, R/O. HOUSE NO. 2120/A, MARADIGALLI, BAILHONGAL, DIST. BELAGAVI-590004. 3. SHRI. ANIL S/O. ASHOK KUSALAPUR AGE. 25 YEARS, OCC. PRIVATE JOB, R/O. ASHOK, KUSALAPUR, HOUSE NO. 2120/A, MARADIGALLI, BAILHONGAL, DIST. BELAGAVI-590004. 4. SHRI. SUNIL S/O. ASHOK KUSALAPUR AGE. 23 YEARS, OCC. PRIVATE JOB, R/O. ASHOK KUSALAPUR, HOUSE NO. 2120/A, MARADIGALLI, BAILHONGAL, DIST. BELAGAVI-590004. 5. SHRI. BASAVRAJ S/O. SHIVAPUTRAPPA KUSALAPUR, AGE. 63 YEARS, OCC. BUSINESS, R/O. MARADIGALLI, BAILHONGAL, DIST. BELAGAVI-590004. …PETITIONERS (BY SRI. SHIVRAJ S.BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH VIDYAGIRI POLICE STATION, REPRESENTED BY THE SPECIAL PUBLIC - 3 - NC: 2025:KHC-D:2796 CRL.P No. 100810 of 2022 C/W CRL.P No. 100881 of 2022 PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD. 2. SMT. JEEVAN W/O. PANCHAXARI GODI AGE. 42 YEARS, OCC. HOUSEHOLD WORK, R/O. HOUSE NO. 87A, SRI BASAVA, 11TH CROSS, NIRMALANAGAR, DHARWAD, DIST. DHARWAD-580008. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. SHRIKANT T.PATIL AND SRI. ROHIT S.PATIL, ADVS. FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ALLOW THE PETITION AND QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS INITIATED BY THE RESPONDENT NO.2 IN P.C.R.NO.34/2021 BEFORE THE COURT OF III ADDITIONAL SENIOR CIVIL JUDGE AND CJM, DHARWAD FOR THE COMMISSION OF ALLEGED OFFENCES PUNISHABLE UNDER SECTION 166, 167, 218, 219, 339, 341, 448, 504, 506, R/W OF THE INDIAN PENAL CODE 1860. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner seeks the quashing of an FIR registered for offences under Sections 166, 167, 218, 219, 339, 341, 448, 504, 506 read with Section 149 of the Indian Penal Code, 1860. 2. The second respondent had filed a private complaint under Section 200 of the Cr.P.C., alleging that a civil suit (O.S. No. 214/2016) concerning ancestral property was pending. On 19.04.2021, the accused, while executing an interim maintenance order issued by the Civil Court, allegedly threatened the complainant, locked her inside a room with police assistance, and committed other wrongful acts in the absence of her husband. - 4 - NC: 2025:KHC-D:2796 CRL.P No. 100810 of 2022 C/W CRL.P No. 100881 of 2022 3. The petitioner has submitted a compromise decree in O.S. No. 214/2016, which was clubbed with O.S. Nos. 244/2016 and 237/2018. As per the terms of the settlement, the ancestral properties have been divided by metes and bounds. The second respondent has expressly agreed to withdraw all allegations against the petitioner and has no objection to quashing the proceedings. 4. Given the amicable resolution of the dispute, subjecting the petitioner to trial would serve no purpose. The probability of a charge sheet being filed is remote, and the allegations in the private complaint stem from a civil dispute given a criminal dimension. Under these circumstances, continuing the investigation would amount to an abuse of the legal process. ORDER i. The Criminal petitions are allowed. ii. The impugned First Information Report in Crime No.0201/2021 registered by Vidyagiri Police Station, Dharwad Sub Division is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 65