- 1 - NC: 2025:KHC-D:3888 CRL.P No. 102832 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 27TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102832 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: SHIVAKUMAR S/O. BASAYYA KOPARAD AGE. 38 YEARS, OCC. GOVT. OFFICIAL HIGH COURT OF KARNATAKA, DHARWAD, R/O. HIREBADAWADAGI, TQ. HUNGUND, DIST. BAGALKOT, PRESENTLY AT MAMMIGATTI, DHARWAD-580011. …PETITIONER (BY SRI. MANJUNATH A.KARIGANNAVAR, ADVOCATE) AND: 1. STATE OF KARNATAKA THROUGH PSI, GARAGA POLICE STATION, R/BY HGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH. 2. NEELAPPA BOVER S/O. AMARAPPA AGE. 48 YEARS, OCC. GOVT. GAZETTED, ADD: HIGH COURT OF KARNATAKA, DHARWAD BENCH. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. NEELENDRA D.GUNDE, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), SEEKING TO, QUASH THE FIR AND CHARGE SHEET AND ENTIRE PROCEEDINGS IN GARAG POLICE STATION CRIME NO.0018/2023, CC NO.2345/2023 ALLEGING U/S 353, 323, 504, 506 OF IPC ON THE FILE OF I ADDL.CIVIL JUDGE AND JMFC COURT, DHARWAD. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.03.01 12:14:31 +0530 - 2 - NC: 2025:KHC-D:3888 CRL.P No. 102832 of 2024 ORAL ORDER The petitioner – accused who has been charge-sheeted for the offences punishable under Sections 353, 323, 504, 506 of IPC is before this Court seeking relief. 2. The prosecution alleges that the complainant is working as Assistant Registrar in the High Court of Karnataka, Dharwad Bench, Dharwad, and the petitioner is working as SDA in the MFA pending branch. On 2.2.2023, the petitioner – accused used abusive language against the staff working in the MFA pending branch, and threatened dire consequences, which was brought to the notice of the complainant. 3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for the respondent No.1, and the learned counsel for the respondent No.2. 4. Perusal of the charge sheet material indicated that the abusive language was used against the staff of the MFA pending branch and not against an individual. The abusive language used has not resulted in causing breach of public peace or does not constitute the commission of any other offence. The petitioner has also not threatened the staff of the MFA pending branch or to cause the destruction of any property so as to constitute the commission of offence punishable under Section 506 of IPC. 5. The prosecution has also not placed on record the wound certificate to substantiate that the alleged assault has - 3 - NC: 2025:KHC-D:3888 CRL.P No. 102832 of 2024 resulted in causing simple injury to any of the staff of the MFA pending branch. The petitioner has also annexed the copy of the medical certificate. There is no material to substantiate that the petitioner used criminal force or assaulted any person so as to constitute the offence punishable under Section 353 of IPC. In such circumstances, the continuation of criminal proceedings would amount to an abuse of process of law. 6. Accordingly, the petition is allowed. The impugned proceedings in CC No.2345/2023 pending on the file of the learned Ist Addl. Civil judge and JMFC Court, Dharwad is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 9