- 1 - NC: 2025:KHC-D:940 CRL.P No.100619 of 2023 C/W CRL.P No.103570 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO.100619 OF 2023 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO.103570 OF 2023 IN CRL.P. NO.100619 OF 2023: BETWEEN: 1. MAHANTESH, S/O. BASAPPA HOSAGOUDAR, AGE. 35 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. EWS NO.75, NIJALINGAPPA COLONY, RAICHUR-584101. 2. BASAPPA, S/O. SANGAPPA HOSAGOUDAR, AGE. 82 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O.EWS NO.75, NIJALINGAPPA COLONY, RAICHUR-584101. 3. BASAVVA, W/O. BASAPPA HOSAGOUDAR, AGE. 62 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. EWS NO.75, NIJALINGAPPA COLONY, RAICHUR-584101. 4. SANGANAGOUDA, S/O. BASAPPA HOSAGOUDAR, AGE. 36 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. EWS NO.75, NIJALINGAPPA COLONY, RAICHUR-584101. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:43 +0530 - 2 - NC: 2025:KHC-D:940 CRL.P No.100619 of 2023 C/W CRL.P No.103570 of 2023 5. KUMAR, S/O. BASAPPA HOSAGOUDAR, AGE. 33 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. EWS NO.75, NIJALINGAPPA COLONY, RAICHUR-584101. 6. SHIVAKUMAR, S/O. BASAPPA HOSAGOUDAR, AGE. 31 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O.EWS NO.75, NIJALINGAPPA COLONY, RAICHUR-584101. …PETITIONERS (BY SRI. SHIVRAJ S. BALLOLI AND SRI. ROSHAN SAHEB CHABBI, ADVOCATES) AND: NAGARATHNA @ NAGAMMA W/O. MAHANTESH HOSAGOUDAR, AGE. 31 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O.EWS NO.75, NIJALINGAPPA COLONY, RAICHUR, NOW R/O. YELBURGA, TQ. YELBURGA, DIST. KOPPAL-583236. …RESPONDENT (BY SRI. SADIQ N. GOODWALA, ADVOCATE) THIS CRIMINAL PETITION IS FILED U/EC. 482 OF CR.P.C. SEEKING TO, QUASH THE ORDER DATED 13.02.2023 PASSED BY THE CIVIL JUDGE AND JMFC, KOPPAL ON THE APPLICATION FILED BY THE PETITIONER IN CRL.MISC NO.383/2020 (OLD CRL.MISC NO.102/2016) AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS AGAINST THE PETITIONERS IN CRL.MISC NO. 383/2020 (OLD CRL.MISC NO. 102/2016) PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, KOPPAL, INITIATED U/SEC. 12 OF - 3 - NC: 2025:KHC-D:940 CRL.P No.100619 of 2023 C/W CRL.P No.103570 of 2023 THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. IN CRL.P. NO.103570 OF 2023: BETWEEN: MAHANTESH, S/O. BASAPPA HOSAGOUDAR, AGE. 35 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. EWS NO. 75, NIJALINGAPPA COLONY, RAICHUR. …PETITIONER (BY SRI. SHIVRAJ S. BALLOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH YELBURGA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580001. 2. NAGARATHANA @ NAGAMMA W/O. MAHANTESH HOSAGOUDAR , AGE. 31 YEARS, OCC. AGRICULTURE AND BUSINESS, R/O. EWS NO. 75, NIJALINGAPPA COLONY, RAICHUR. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, AGA FOR R1 SRI. SADIQ N. GOODWALA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS INITIATED AGAINST THE PETITIONER IN CC NO.1309/2020 (OLD CC NO.490/2019), PENDING ON THE FILE OF THE CIVIL JUDGE AND JMFC, KOPPAL, INITIATED U/S 31(1) OF THE PROTECTION OF - 4 - NC: 2025:KHC-D:940 CRL.P No.100619 of 2023 C/W CRL.P No.103570 of 2023 WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, AND TO DIRECT THE RESPONDENTS TO COMPENSATE THE PETITIONER BY WAY OF DAMAGES FOR WRONGFULLY CONFINING THE PETITIONER FROM 16.08.2019 TILL 28.08.2019 FOR AN OFFENCE U/S 31 OF THE PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Heard learned counsel for the parties. 2. The petitioners in Crl.P. No.100619/2023 challenge the order dated 13.02.2023 passed in Crl. Misc. No.383/2020 by the learned Civil Judge and JMFC, Koppal, and seek quashing of the said criminal proceedings. 3. The petitioners in Crl.P. No.103570/2023 challenge the proceedings in C.C. No.1309/2020, which were initiated under Section 31(1) of the Protection of Women from Domestic Violence Act, 2005 (for short, “the DV Act”). 4. For the sake of convenience, the parties are referred to as per their rankings in Crl.P. No.100619/2023. 5. The marriage of petitioner No.1 was solemnized with the respondent. Due to marital discord, petitioner No.1 filed a petition in M.C. No.62/2015 under Section 13(1)(ia) and (ib) of the Hindu Marriage Act, 1955 (for short, “the Act of 1955”), seeking - 5 - NC: 2025:KHC-D:940 CRL.P No.100619 of 2023 C/W CRL.P No.103570 of 2023 dissolution of the marriage on the grounds of cruelty and desertion. The Family Court at Raichur, by its order dated 13.01.2016, allowed the petition and dissolved the marriage of petitioner No.1 and the respondent. The said order has attained finality. 6. After the marriage was dissolved, the respondent filed a petition under Section 12 of the DV Act. Section 12 of the DV Act provides that an aggrieved person, a Protection Officer, or any other person on behalf of the aggrieved person, may present an application to the Magistrate seeking one or more reliefs under the Act. Section 2(a) of the DV Act defines an “aggrieved person” as any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to an act of domestic violence by the respondent. 7. At the time of filing the petition under Section 12 of the DV Act, the marriage between the respondent and petitioner No.1 had already been dissolved, and the respondent no longer had a domestic relationship with petitioner No.1. Consequently, the petition under Section 12 of the DV Act lacked legal authority, and the learned Magistrate taking cognizance of the petition was without jurisdiction. 8. In the proceedings under Section 12 of the DV Act, an interim order was passed directing petitioner No.1 to hand over custody of the child to the respondent. Section 31 of the DV Act deals with the penalty for breach of a protection order. It states that a breach of a protection order or interim protection order by the respondent shall be an offence punishable with imprisonment of up - 6 - NC: 2025:KHC-D:940 CRL.P No.100619 of 2023 C/W CRL.P No.103570 of 2023 to one year, a fine of up to twenty thousand rupees, or both. Section 18 of the DV Act empowers the Magistrate to pass a protection order, provided there is prima facie evidence that domestic violence has occurred or is likely to occur. 9. In this case, the allegation is that petitioner No.1 failed to hand over custody of the child in compliance with the interim order passed under Section 21 of the DV Act. However, the initiation of proceedings under Section 31 of the DV Act is without jurisdiction because the petition under Section 12 of the DV Act itself is not maintainable. At the time of filing the petition, the marriage between petitioner No.1 and the respondent no longer existed. 10. Therefore, the impugned proceedings against the petitioners lack jurisdiction, and their continuation would constitute an abuse of the process of law. ORDER i) The criminal petition in Crl.P. No.100619/2023 is allowed. The order dated 13.02.2023 passed in Crl. Misc. No.383/2020 is set aside. Consequently, the proceedings in Crl. Mis. No.383/2020 pending on the file of the Civil Judge and JMFC, Koppal, against the petitioners herein, is quashed. ii) The criminal petition in Crl.P.103570/2023 is allowed, and the criminal proceedings in C.C. - 7 - NC: 2025:KHC-D:940 CRL.P No.100619 of 2023 C/W CRL.P No.103570 of 2023 No.1309/2020 on the file of the Civil Judge and JMFC, Koppal, is hereby quashed. iii) Liberty is reserved with the respondent to seek custody of the child in accordance with law. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS Ct:vh List No.: 1 Sl No.: 64