- 1 - NC: 2025:KHC-D:3743 CRL.P No. 101003 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 24TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101003 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. GANGADHAR S/O. SINGANGOUDA PATIL AGE. 38 YEARS, OCC. BUSINESS, R/O. FLAT NO. 2020, BHUMIREDDY COLONY, NEW TIPPASANDRA, BENGALURU-560075, TALUKA. BENGALURU NORTH, DISTRICT. BENGALURU. 2. SMT. ANSUYA W/O. SINGANGOUDA PATIL AGE. 68 YEARS, OCC. HOUSEHOLD WORK, R/O. FLAT NO. 2020, BHUMIREDDY COLONY, NEW TIPPASANDRA, BENGALURU-560075, TALUKA. BENGALURU NORTH, DISTRICT. BENGALURU. 3. SHRI. SINGANGOUDA S/O. SANAGOUDA PATIL AGE. 74 YEARS, OCC. RETIRED, R/O. FLAT NO. 2020, BHUMIREDDY COLONY, NEW TIPPASANDRA, BENGALURU-560075, TALUKA. BENGALURU NORTH, DISTRICT. BENGALURU. 4. SHRI. GOUDESH S/O. SINGANGOUDA PATIL AGE. 44 YEARS, OCC. BUSINESS, R/O. PLOT NO. 3894. RAMTHIRTH NAGAR, BELAGAVI-591265, TALUKA AND DISTRICT-BELAGAVI. 5. SMT. SOUMYA W/O. GOUDESH PATIL AGE. 37 YEARS, OCC. BUSINESS, R/O. PLOT NO. 3894, RAMTHIRTH NAGAR, BELAGAVI-591265, TALUKA AND DISTRICT. BELAGAVI. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:48 +0530 - 2 - NC: 2025:KHC-D:3743 CRL.P No. 101003 of 2023 6. SMT. SUMITRA W/O. GURAPPA BANAGAR AGE. 60 YEARS, OCC. HOUSEHOLD WORK, R/O. H.NO. 599/1, MAYEKAR GALLI, RAMGURWADI, KHANAPUR-591302, TALUKA. KHNAPUR AND DISTRICT. BELAGAVI. …PETITIONERS (BY SRI. DEEPAK S.KULKARNI, ADVOCATE) AND: 1. STATE OF KARNATAKA REP. BY STATION INCHARGE, WOMEN POLICE STATION, BELAGAVI, BELAGAVI-590001, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH DHARWAD-580011. 2. SMT. SHOBHA W/O. AJIT PATIL AGE. 37 YEARS, OCC. DOCTOR, R/O. PLOT NO. 1364, SECTOR 7, M.M. EXTENSION, VANTMURI COLONY, BELAGAVI-590016, TALUKA AND DISTRICT BELAGAVI. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH ALL THE PROCEEDINGS, INCLUDING THE COMPLAINT, FIR AND THE CHARGE SHEET IN CRIMINAL CASE NO. 53/2021 IN RESPECT OF TH OFFENCE PUNISHABLE U/SEC. 498(A), 323, 504, 506 R/W 149 OF IPC PENDING BEFORE THE II J.M.F.C. COURT, BELAGAVI IN SO FAR PETITIONER/ACCUSED NO.2 TO 7 ARE CONCERNED. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR - 3 - NC: 2025:KHC-D:3743 CRL.P No. 101003 of 2023 ORAL ORDER 1. The petitioners/accused Nos. 2 to 7, who have been charge-sheeted for offences punishable under Sections 498(A), 323, 504, and 506 read with Section 149 of the Indian Penal Code, are before this Court seeking relief. 2. The prosecution alleges that the de facto complainant is the legally wedded wife of accused No. 1, and that their marriage was solemnized in 2009, from which they have three children. It is further alleged that, at the instigation of the other accused, accused No. 1 harassed the de facto complainant and her children and failed to provide proper care for them. Accused No. 1 is alleged to have consumed alcohol daily, arriving late at night, and habitually abusing and assaulting the de facto complainant. Furthermore, accused No. 1 has refused to continue marital life in their newly constructed home. 3. The respondent No. 2, the de facto complainant, though served with notice, has not appeared in person or through counsel and is therefore placed ex parte. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent–State. 5. A perusal of the charge sheet material indicates that the marriage between accused No. 1 and the de facto complainant was solemnized in 2009, and they have three children from that wedlock. Except for the general allegations that accused No. 1 failed to look after the de facto complainant and her children - 4 - NC: 2025:KHC-D:3743 CRL.P No. 101003 of 2023 properly, there are no specific overt acts detailing how and in what manner each of the accused subjected the de facto complainant to mental and physical cruelty. The only specific allegation is against accused No. 1, accusing him of assaulting and abusing the de facto complainant. 6. The Apex Court in the case of Kahkashan Kausar alias Sonam and others vs. State of Bihar and others has held that, in the absence of any specific overt acts, the continuation of prosecution solely on the basis of omnibus and general allegations would be an abuse of the process of law. Since the trial Court cannot frame a specific charge against the petitioner/accused herein based solely on such omnibus and general allegations, the continuation of criminal proceedings would be an abuse of the process of law. ORDER i. Accordingly, petition is allowed. ii. The impugned proceedings in C.C.No.53/2021 on the file of learned II Addl. JMFC Court, Belagavi insofar it relates to accused Nos.2 to 7 are hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN ct:vh List No.: 1 Sl No.: 238