- 1 - NC: 2025:KHC-D:4630 CRL.P No. 102372 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 11TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102372 OF 2024 BETWEEN: 1. PAVITRA W/O. AGASARA NAGABHUSHAN, AGE: 34 YEARS, OCC: HOMEMAKER, R/O: 2ND WARD, OPP. OLD PANCHAYAT OFFICE, MAIN ROAD, HANDIHAL – 583 103, CURRENT R/O: BASAVESHWAR CAMP, KAPPAGALU – 583 103, TQ & DIST: BALLARI. 2. MEGARAJA S/O. HANUMANTHAPPA, AGE: 70 YEARS, OCC: AGRICULTURE, R/O: KAPPAGALU – 583 103, TQ AND DIST: BALLARI. …PETITIONERS (BY SMT. KAVYA SHETTAR, ADVOCATE APPEARED FOR SRI HARSH DESAI & SRI C.S.SHETTAR, ADVOCATES) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD, THROUGH THE GANDHINAGAR P.S., BALLARI CITY SUB-DIVISION. 2. NAGABHUSHAN S/O. AGASARA HONNARASWAMY, AGE: 35 YEARS, OCC: AGRICULTURE, R/O: 2ND WARD, OLD PANCHAYAT OFFICE, MAIN ROAD, HANDIHAL – 583 103, TQ & DIST: BALLARI. …RESPONDENTS (BY SRI RAMESH B. CHIGARI, AGA FOR R1; SRI Y. LAKSHMIKANT REDDY & SMT. SOUBHAGYA S. VAKKUND, ADVOCATES FOR R2) Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:4630 CRL.P No. 102372 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., 1973, SEEKING TO ADMIT AND ALLOW THE PETITION, QUASH THE COMPLAINT AND FIR NO.0105/2023 DATED 24.09.2023 LODGED BY GANDHINAGAR POLICE STATION, BALLARI FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 341, 323, 324, 504, 506 AND 34 OF IPC AND ALSO ENTIRE PROCEEDINGS IN C.C. NO.69/2024 ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC COURT AT BALLARI AGAINST THIS PETITIONERS/ACCUSED NO.1 AND 2. GRANT SUCH OTHER RELIEFS AND ORDER, DEEMED FIT AND PROPER IN THE CIRCUMSTANCES OF THE CASE IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR ORAL ORDER This petition is filed by accused Nos.1 and 2 praying to quash the complaint, FIR in Crime No.105/2023 of Gandhinagar police station registered for offences punishable under Section 341, 323, 324, 506, 504, 34 of Indian Penal Code(hereinafter referred to as ‘IPC’ for brevity) and entire proceedings in C.C.No.69/2024 pending on the file of the Principal Civil Judge and JMFC, Ballari. The case of the prosecution as narrated in Column No.17 of the charge is that on 20.09.2023 at about 1.00 p.m. in front of Commercial Court, Ballari C.W.1, 4 and 5 - 3 - NC: 2025:KHC-D:4630 CRL.P No. 102372 of 2024 who are present at the spot at that time accused Nos.1 and 2 came there at that time C.W.4 went near his mother -accused No.1 and asked her to come with him and asked her not go to her parent’s house. At that time, accused No.1 said to C.W.4 that she will hit him by chappal and abused him in filthy language. At that time, accused No.2 told to C.W.4 to come to his house, stay and thereafter take your mother and so saying abused him. At that time, C.W.1 told him not to abuse his son as he is talking with his mother and went outside with C.W.5. At that time, C.W.4 told all happened due to her (accused No.1) stating that she ought to have come to their house. At that time, accused No.1 slapped on the cheek of C.W.4 and caused internal injury. At that time, accused No.2 kicked to C.W.4 on his chest. At that time, C.W.1 and 5 came and asked accused persons why they are assaulting his son, at that time accused No.2 restrained C.W.1 and assaulted him with hand to his back and abused and gave threat to take his life and thereby committed offences punishable under Sections 341, 323, 504, 506 read with Section 34 of IPC. - 4 - NC: 2025:KHC-D:4630 CRL.P No. 102372 of 2024 On the basis of said charge sheet, the case came to be registered against petitioners in C.C.No.69/2024 pending on the file of the Principal Civil Judge and JMFC, Ballari. The proceedings of said case have been sought to be quashed in this petition by petitioners –accused Nos.1 and 2. 2. Heard learned counsel for petitioners and learned AGA for respondent No.1 –State. Learned counsel for respondent No.2 is not present. 3. Learned counsel for petitioners would contend that the alleged incident has taken place on 20.09.2023 and complaint has been filed on 24.09.2023. There is delay in filing the complaint. She further submits that eye witnesses cited in the charge sheet i.e. C.W.4 and 5 are children of C.W.1 who is respondent No.2 herein and they are interested witnesses. The injuries sustained by C.W.4 are simply injuries. On these grounds she prayed for quashing of the proceedings. - 5 - NC: 2025:KHC-D:4630 CRL.P No. 102372 of 2024 4. Learned AGA for respondent No.1 –State would contend that in the charge sheet there are three eye witnesses i.e. C.W.4 to 6. Merely because there is delay in filing the complaint, proceedings cannot be quashed. He further submits that eye witnesses are interested or not cannot be considered at this stage. With this, he prays for dismissal of the petition. 5. Having heard learned counsels, this Court has perused the charge sheet materials. 6. Petitioner No.1 is wife of respondent No.2 and petitioner No.2 is father of petitioner No.1 and father-in- law of respondent No.2. There was marital dispute pending between respondent No.2 and petitioner No.1 before Court. The incident has taken place in the Court premises. As per column No.17 of the charge sheet accused Nos.1 and 2 assaulted C.W.4 and caused simple injuries. C.W.1, 5 and 6 are eye witnesses to the incident and C.W.4 is the injured. C.W.4 and 5 are children of petitioner No.1 and respondent No.2. Merely because they - 6 - NC: 2025:KHC-D:4630 CRL.P No. 102372 of 2024 are children of respondent No.2, at this stage it cannot be said that they are interested witnesses. Apart from them, there is another eye witnesses i.e. C.W.6. Merely because there is delay in filing the complaint, the proceedings cannot be quashed. There are no grounds for quashing of proceedings in C.C.No.69/2024 pending on the file of the Principal Civil Judge and JMFC, Ballari. 7. In the result, the petition is dismissed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 34