Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC-K:6380 CRL.P No. 200605 of 2023
IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 28TH DAY OF OCTOBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S RACHAIAH CRIMINAL PETITION NO.200605 OF 2023 (482(CR.PC)/528(BNSS))
BETWEEN:
1. BHIMARAO S/O. CHANDRAPPA MALIPATIL, AGED ABOUT: 61 YEARS, OCC. RETD. ASST. TEACHER, R/O. BELUR (K) VILLAGE, TQ. KAMALAPUR, DIST. KALABURAGI-585101. 2. LALITABAI W/O. BHIMARAO MALIPATIL, AGED ABOUT: 55 YEARS, OCC. HOUSEWIFE, R/O. BELUR (K) VILLAGE, TQ. KAMALAPUR, DIST. KALABURAGI-585101. …PETITIONERS (BY SRI BASAVARAJ KAREDDY, ADVOCATE)
AND:
1. THE STATE THROUGH KAMALAPUR POLICE STATION, TQ. KAMALAPUR, DIST. KALABURAGI-585101. REP. ADDL. S.S.P., HCK, KALABURAGI. 2. SARASWATI W/O. LATE TUKKAPPA MALIPATIL, AGED ABOUT: 52 YEARS, OCC: HOUSEWIFE, R/O. BELUR (K) VILLAGE, TQ. KAMALAPUR, DIST. KALABURAGI-585101. …RESPONDENTS (BY SMT.ANITA M. REDDY, HCGP FOR R1;
SRI VEERSHETTY KONDAMPALLI, ADVOCATE FOR R2.)
Digitally signed by SAMREEN AYUB DESHNUR Location: HIGH COURT OF KARNATAKA
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HC-KAR NC: 2025:KHC-K:6380 CRL.P No. 200605 of 2023
THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CRIMINAL PROCEDURE CODE, 1973 PRAYING TO QUASH THE CASE IN CRIME NO.105/2022 (FIR NO.2630/2022) REGISTERED BY RESPONDENT NO.1 AGAINST THE PETITIONERS ON THE BASIS OF THE COMPLAINT LODGED BY RESPONDENT NO.2 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 323, 324, 354, 504, 506 READ WITH SECTION 34 OF IPC, PENDING BEFORE THE I ADDITIONAL JMFC COURT AT KALABURAGI, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER:
ORAL ORDER (PER: HON'BLE MR. JUSTICE S RACHAIAH)
This is the second complaint arising out of the same suit schedule property, in order to take coercive steps to take possession of the property. It is impermissible under law. Similar complaint was lodged earlier and it was quashed by this Court, vide order dated 24.03.2023 passed in Crl.P.No.201226/2022. Thereafter again the complainant filed one more complaint on the same set of allegations. Therefore, it is appropriate to exercise the jurisdiction under section 482 of Cr.P.C., to quash the proceedings. Hence, the criminal petition is allowed. - 3 -
HC-KAR NC: 2025:KHC-K:6380 CRL.P No. 200605 of 2023
2. The criminal proceedings in Crime No.105/2022 of respondent police, registered for the offence punishable under Sections 323, 324, 354, 504, 506 read with section 34 of IPC, pending on the file of I Additional JMFC Court at Kalaburagi, are hereby quashed.
Sd/- (S RACHAIAH) JUDGE
MRK CT: UMD List No.: 19 Sl No.: 2