- 1 - HC-KAR NC: 2025:KHC-D:7258 CRL.P No. 100242 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO. 100242 OF 2020 (482(Cr.PC)/528(BNSS) BETWEEN: 1. SHRI. AJAY S/O. PUNDALIK KALE, AGE: 34 YEARS, OCC. SERVICE, R/O. SHIRUR, TAL. ATHANI, NOW AT KHAMEWADI, TAL. KHANAPUR, DIST. BELAGAVI. PIN-591302. 2. SMT. JAYASHREE W/O. AJAY KALE, AGE: 31 YEARS, OCC: HOUSE HOLD, R/O. SHIRUR, TQ- ATHANI, NOW AT KOTABAGI, TQ- HUKKERI, DIST: BELAGAVI. PIN 591309. 3. SHRI. SANJAY S/O. PUNDALIK KALE, AGE: 37 YEARS, OCC: AGRICULTURE, R/O. SHIRUR, TAL. ATHANI, DIST: BELAGAVI, PIN 591304. 4. SMT.SUMITRA W/O SANJAY KALE, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O. SHIRUR, TQ- ATHANI, DIST: BELAGAVI. PIN 591304. 5. SHRI. MAHAVEER S/O. TALOBA METRI, AGE: 72 YEARS, OCC: RTD. GOVT. SERVANT, R/O. BORAGAON, TAL: CHIKODI, DIST: BELAGAVI. PIN-591201. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7258 CRL.P No. 100242 of 2020 6. SMT.LAXMIBAI W/O MAHAVEER METRI AGE: 65 YEARS, OCC: HOUSEHOLD, R/O. BORAGAON, TQ- CHKODI, DIST: BELAGAVI. PIN 591201. 7. SHRI. SATISH S/O. MAHAVEER METRI, AGE: 33 YEARS, OCC: AGRICULTURE, R/O. BORAGAON, TAL: CHIKODI, DIST: BELAGAVI. PIN 591201. …PETITIONERS (BY SRI. S. P. PATIL FOR SRI. VISHWANATH BADIGER, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR (ATHANI P.S.), HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. 2. SMT. RESHMA W/O. AJAY KALE, AGE: 32 YEARS, OCC: SERVICE, R/O. SHIRUR, TQ- ATHANI, DIST: BELAGAVI. PIN- 591304. …RESPONDENTS (BY SRI. JAIRAM SIDDI, HCGP FOR R1; SRI. RAJSHEKHAR BURJI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THIS PETITION AND QUASH THE PROCEEDINGS IN C.C.NO.607/2018 AGAINST THE PETITIONERS / A1, 2, 4 TO 8 FOR THE OFFENCE PUNISHABLE UNDER SECTION 494, 504, 506 R/W SECTION 34 OF IPC, PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC, ATHANI, IN THE INTEREST OF JUSTICE. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7258 CRL.P No. 100242 of 2020 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) Heard Sri.S.P.Patil counsel for Sri.Vishwanath Badiger, learned counsel for the petitioners and Sri.Jairam Siddi, learned High Court Government Pleader for respondent No.1 and Sri.Rajashekhar Burgi, learned counsel for respondent No.2/complainant. 2. Petitioners have filed this petition under Section 200 of Cr.P.C. to quash the proceedings in CC No.607/2018 against the petitioner/accused No.1, 2 and 4 to 8 for the offences punishable under Section 494, 504 and 506 read with Section 34 of IPC pending on the file of learned IV Addl.Civil Judge and JMFC., Athani (Now before Civil Judge and JMFC., Kagwad). 3. The brief facts of the prosecution case are as under: Respondent No.2/complainant filed private complaint under Section 200 of Cr.P.C. for the aforesaid - 4 - HC-KAR NC: 2025:KHC-D:7258 CRL.P No. 100242 of 2020 offences against the petitioners and accused No.3. The marriage of the petitioner No.1/accused No.1 and complainant was performed on 29.10.2004 as per customs prevailed in their community. After the marriage, the relationship of respondent No.2/complainant and accused No.1 was cordial. Thereafter, accused No.1 and his family members started harassing the complainant. 4. On 10.02.2008, petitioner/accused No.1 performed his second marriage with accused No.2/petitioner No.2 illegally and thereby neglected the complainant. The factum of second marriage was informed by Mr.Mohan Ramchandra Kamble and Sri.Chidanand Ramachandra Kamble and other persons belongs to Shedbal village. Hence, complainant enquired accused No.1 about his second marriage. However, on 18.11.2017, all the accused persons came to the house of complainant, quarrelled with her, abused her in filthy language and threatened her with dire consequences. Thus, she lodged the complaint under Section 200 of - 5 - HC-KAR NC: 2025:KHC-D:7258 CRL.P No. 100242 of 2020 Cr.P.C. Anticipating their arrest, the petitioners have filed this petition. 5. Perused the complaint filed under Section 200 of Cr.P.C., sworn statement and other material on record. Respondent No.2/complainant has specifically stated that she is the first wife of accused No.1 and her marriage was solemnized in the year 2004 and however, in the year 2018, accused No.1 performed his second marriage with accused No.2. Thus, she was thrown out from the matrimonial house in the year 2008. On 18.11.2017, petitioner Nos.1 and 2 along with other persons came to the house of complainant quarrelled with her. Abused her in filthy language and also threatened her with dire consequences. 6. The alleged incident was occurred on 18.11.2017, however, private complaint came to be loaded on 17.03.2018. It appears that there was a delay of five months in lodging the private complaint. IN the private complaint , allegations against accused No.4 to 8 is - 6 - HC-KAR NC: 2025:KHC-D:7258 CRL.P No. 100242 of 2020 not clearly attributed and the complainant has not stated as to which accused has abused her in filthy language and tried to eliminate her. The complainant has not made any allegations against accused Nos.4 to 8 as to their participation in the marriage performed between accused Nos.1 and 2 and a role played by them in the marriage. In the absence of material that, petitioner Nos.3 to 7 (accused Nos.4 to 8) have intentionally insulted the complainant and made criminal intimidation to her and role played in the marriage which was performed between accused Nos.1 and 2, the cognizance taken by the learned Magistrate for the aforesaid offences, is without any subsistence. The marriage between accused Nos.1 and 2 has taken in the year 2008 and the last event that has taken place in the year 2017, and the private complaint was lodged in the month of March-2018, without offering any plausible explanation. In view of the proceedings, conditions of criminal proceedings as against petitioner - 7 - HC-KAR NC: 2025:KHC-D:7258 CRL.P No. 100242 of 2020 Nos.3 to 7 (accused Nos.4 to 8) will be abuse of process of law. Accordingly, the following :- ORDER i) Crl. Petition is partly allowed. ii) The impugned proceedings in C.C.NO.607/2018, pending on the file of learned IV Additional Civil Judge and JMFC, Athani, for the offence punishable under Sections 494, 504 and 506 read with Section 34 of IPC, insofar as, it relates to petitioner Nos.3 to 7 (accused Nos.4 to 8), is hereby quashed. Sd/- (VENKATESH NAIK T) JUDGE HMB CT-AN List No.: 1 Sl No.: 26