- 1 - NC: 2025:KHC-D:2337 CRL.P No. 100655 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100655 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: SHRI. GADIGAYYA, S/O. RACHAYYA YALIMATH, AGE: 30 YEARS, OCC: AGRICULTURE, R/O: AT MISHRIKOTI, TQ: KALAGHATAGI, DIST: DHARWAD. … PETITIONER (BY SRI. B.V. SOMAPUR, SRI. N.B. SOMAPUR AND SRI. C.B.SHAKUNAVALLI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, R/BY STATE PUBLIC PROSECUTOR, DHARWAD BENCH. 2. THE PROTECTION OFFICER, CDPO SHIGGAON. 3. PAVITRA W/O GADAGAYYA YALIMATH, AGE: 26 YEARS, OCC: HOUSEHOLD, R/O: C/O. RUDRAYYA S. HIREMATH, SHABALA VILLAGE, TQ: SHIGGAVI, DIST: HAVERI. … RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1 AND R2; SRI. SADIQ N. GOODWALA, ADVOCATE FOR R3) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING THAT THE PROCEEDINGS AGAINST THE PETITIONER PENDING BEFORE LEARNED CIVIL JUDGE AND JMFC SHIGGAON B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:43 +0530 - 2 - NC: 2025:KHC-D:2337 CRL.P No. 100655 of 2023 AT HAVERI IN CRL. MISC. NO.76/2022 U/SEC. 12 OF DOMESTIC VIOLENCE ACT 2005 MAY BE QUASHED, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION IS 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 challenges the registration of Crl. Misc. No. 76/2022, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005. 2. The primary contention of the petitioner is that respondent No.3 voluntarily deserted the matrimonial home in the year 2020, and the petition was filed on 24.05.2022. Therefore, according to the petitioner, there is no cause of action to file the present petition. In the restitution of conjugal rights petition filed by the petitioner, respondent No.3 has filed objections, stating that she went to her parental home for delivery in 2020, and after childbirth, her husband did not take her back to the matrimonial home. Respondent No.3 gave birth to a male child on 12.12.2021 and alleges that since then, the petitioner has not come to her parental home to take her back. 3. Whether there is sufficient cause of action to file a petition under Section 12 of the Domestic Violence Act is a disputed question of fact. The same can be adjudicated during the trial and cannot be determined by this Court at this stage. - 3 - NC: 2025:KHC-D:2337 CRL.P No. 100655 of 2023 4. Accordingly, the petition is dismissed. All contentions are left open to be urged before the Trial Court. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 53