- 1 - HC-KAR NC: 2025:KHC-K:5665 CRL.P No. 201073 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 19TH DAY OF SEPTEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 201073 OF 2025 (482(CR.PC)/528(BNSS)) BETWEEN: 1. NASEEM BEGUMW/O MAHBOOB ALI, AGE. 56 YEARS, OCC. HOUSEHOLD, R/O. H.NO.19-4-279/A/34, NAWAB SAHAB KUNTA JAHANUMA, CHAIRMINAR, HYDERABAD, TELANGANA-500 053. 2. MAHBOOB ALI S/O MOULA SAB, AGE. 64 YEARS, OCC. PRIVATE WORK, R/O. H.NO.19-4-279/A/34, NAWAB SAHAB KUNTA JAHANUMA, CHAIRMINAR, HYDERABAD, TELANGANA-500 053. 3. MOHAMMED AZHARUDDIN S/O MAHEBOOB ALI, AGE. 26 YEARS, OCC. CAR DRIVER, R/O H.NO.19-4-281/C/34/1/A, NAWAB SAHAB KUNTA, NEAR MUSTAFA MASJID, TADBAN, CHARMINAR, HYDERABAD, TELANGANA-500 053. 4. MOHD NAYEEM S/O MAHBOOB ALI, AGE. 34 YEARS, OCC. PRIVATE WORK, R/O. YADULLA COLONY, KALABURAGI-585 104. 5. NADIM AHMED S/O MAHBOOB ALI, AGE. 38 YEARS, OCC. EMPLOYEE OF MUNICIPAL CORPORATION, R/O H.NO.5-992/24, YADULLA COLONY, KALABURAGI-585 104. 6. NEHA BEGUM @ FARHANA BEGUM D/O MEHBOOB ALI, AGE. 24 YEARS, OCC. HOUSEHOLD, R/O. H.NO.19-4-279/A/34, RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-K:5665 CRL.P No. 201073 of 2025 NAWAB SAHAB KUNTA JAHANUMA, CHAIRMINAR, HYDERABAD, TELANGANA-500 053. 7. SHABANA BEGUM W/O MOHD SARVAR, AGE. 36 YEARS, OCC. HOUSEHOLD, R/O. H.NO.19-4-281/C/34/1/A, NAWAB SAHAB KUNTA, CHAIRMINAR, HYDERABAD, TELANGANA-500 053. 8. MOHD SARVAR S/O MOHD MOINUDDIN, AGE. 38 YEARS, OCC. TAILOR, R/O. H.NO.19-4-281/C/34/1/A, NAWAB SAHAB KUNTA, CHAIRMINAR, HYDERABAD, TELANGANA-500 053. … PETITIONERS (BY SRI. SHIVASHARANA REDDY, ADVOCATE) AND: THE STATE OF KARNATAKA, THROUGH POLICE MAHILA POLICE STATION, DIST. KALABURAGI, REPRESENTED BY ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585 104. NOTE: THE COMPLAINANT HAS DIED ON 22.03.2023, NO LR’S AVAILABLE HENCE NOT MADE PARTY TO THIS PETITION. … RESPONDENT (BY SMT. ANVITA REDDY, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 528 OF BNSS, PRAYING TO ALLOW THE PETITION AND QUASH THE PROCEEDINGS INITIATED AGAINST THE PETITIONERS PENDING BEFORE III ADDL. DISTRICT AND SESSIONS JUDGE AT KALABURAGI IN S.C. NO.99/2025 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498-A, 323, 324, 504, 506 355, 307 R/W 34 OF IPC IN THE INTEREST OF JUSTICE AND CALL FOR ENTIRE POLICE RECORDS IN C.C. NO.17366/2022 AND IN S.C. NO.99/2025 OF RESPONDENT MAHILA P.S. AND PASS SUCH OTHER APPROPRIATE ORDER OR DIRECTION AS DEEMED FIT BY THIS COURT UNDER THE FACTS AND CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE. - 3 - HC-KAR NC: 2025:KHC-K:5665 CRL.P No. 201073 of 2025 THIS PETITION COMING ON FOR ADMISSION, THIS DAY, ORDER IS MADE THEREIN AS UNDER: ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Petitioners are before this Court with a prayer to quash the entire proceedings in S.C.No.99 of 2025 pending before the Court of III Additional District and Sessions Judge, Kalaburgi arising out of Crime No.176 of 2021 registered by Kalaburgi City Women Police Station, Kalaburgi, for offences punishable under Sections 498A, 323, 324, 504, 506, 355, 307 read with Section 34 of IPC. 2. Heard learned counsel for the petitioners and the learned HCGP for the respondent. 3. Learned counsel for the petitioners submits that the first informant in the present case is the wife of accused No.1. Petitioners herein are the in-laws of the first informant. First informant has died on 22.03.2023. The first informant was in the habit of filing repeated complaints against her husband and in-laws. The first criminal case filed against the husband and in-laws, based - 4 - HC-KAR NC: 2025:KHC-K:5665 CRL.P No. 201073 of 2025 on the first information by the wife of accused No.1, was quashed by this Court in Criminal Petition No.201077/2024. This is the second criminal case registered against the husband and in-laws. The third criminal case registered based on the first information submitted by the wife in Crime No.8 of 2022, has been quashed by the Coordinate Bench of this Court in Criminal Petition No.201306 of 2022. Accordingly, he prays to allow the petition. 4. Petitioners herein are the in-laws of the first informant, in the present case, who was the wife of accused No.1. The material on record would go to show that first informant has died on 22.03.2023. It appears that relationship between accused No.1 and his wife who is the first informant in the present case got strained in the year 2019 itself. Marriage between the accused No.1 and the first informant was solemnized on 06.11.2018 and it was a love marriage. Only for a short period, the husband and wife had lived together and from 2019 onwards the - 5 - HC-KAR NC: 2025:KHC-K:5665 CRL.P No. 201073 of 2025 first informant was residing separately. Allegations found in the present case, as against the petitioners herein are omnibus and general in nature. The Coordinate Bench of this Court in Criminal Petition No.201306 of 2024 while quashing the criminal proceedings as against the petitioners herein in C.C.17371/2025 which was pending before the Court of I Addl.Civil Judge and JMFC, Kalaburgi arising out of Crime No.8 of 2022 registered by Women Police Station, Kalaburgi in paragraph Nos.6 and 7, has observed as follows: “6. It is brought to the notice of the Court that, this is the third complaint that was filed by respondent No.2-the wife of accused No.1. It is also stated that, respondent No.2 died on 22.03.2023. In the meantime, the first complaint filed by respondent No.2 against her husband and other family members was quashed by this Court in Criminal Petition No.201077/2024 vide order dated 11.09.2024. The second complaint came to be filed on 28.07.2021. The said criminal proceedings is also challenged by the accused by filing Criminal Petition No.201073/2025 and an interim order, staying the further investigation is said to have been passed in the said case. In the meantime, on 06.02.2022, the present complaint came to be filed. 7. The materials on record disclose that, the petitioners are the residents of Hyderabad. Admittedly, respondent No.2 was residing separately. The relationship between the respondent No.2, her husband- accused No.1 and his family members was strained since 2019, even though their marriage had taken place on - 6 - HC-KAR NC: 2025:KHC-K:5665 CRL.P No. 201073 of 2025 06.11.2018 and it was a love marriage. It is pertinent to note that, accused No.1 has not approached this Court seeking to quash the criminal proceedings. Specific allegations are made against him that, he tried to stab respondent No.2 with knife and cause injuries. The allegation against these petitioners is that, they have abused and assaulted respondent No.2 with hands and criminally intimidated her. The wound certificate discloses that, respondent No.2 had sustained only 3 simple injuries said to have been caused by accused No.1. Prima facie, it appears that respondent No.2 has filed the criminal case roping in all these petitioners only to pressurize accused No.1 to agree for terms.” 5. Even in the present case, the allegation against the petitioners herein who are the in-laws of the first informant are of general and omnibus in nature. It is trite that criminal cases registered against the near relatives of the husband based on the complaint submitted by the victim wife making general and omnibus allegations cannot be sustained and if such proceedings are allowed, the same shall amount to abuse of process of law. Under the circumstances, the following: ORDER i. Criminal Petition is allowed. ii. The entire proceedings in S.C.No.99 of 2025 pending before the Court of III Additional District and Sessions - 7 - HC-KAR NC: 2025:KHC-K:5665 CRL.P No. 201073 of 2025 Judge, Kalaburgi arising out of Crime No.176 of 2021 registered by Kalaburgi City Women Police Station, Kalaburgi, for offences punishable under Sections 498A, 323, 324, 504, 506, 355, 307 read with Section 34 of IPC is quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE KGK CT:BCK LIST NO.: 19 SL NO.: 1