- 1 - NC: 2025:KHC-D:3833 CRL.P No. 103471 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103471 OF 2022 BETWEEN: 1. SRI. GONIBASAPPA S/O. SHIVANAPPA GUDLANUR, AGE. 55 YEARS, OCC. RETIRED TEACHER, R/O. HALAGERI VILLAGE, TQ. KOPPAL, DIST. KOPPAL-583283. 2. SRI. TEJASHVI KUMAR S/O. GONIBASAPPA GUDLNUR, AGE. 62 YEARS, OCC. FIRE MAN, R/O. HALAGERI VILLAGE, TQ. KOPPAL, DIST. KOPPAL-583283. …PETITIONERS (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. STATE OF KARNATAKA BY HAVERI RURAL POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SRI. PARAPPA S/O. SANNEPPA GUDLANUR AGE. 68 YEARS, OCC. AGRICULTURE, R/O. HALAGERI VILLAGE, TQ. KOPPAL, DIST. KOPPAL-583283. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ORDER DATED. 18/11/2020. IN C.C. NO.1693/2020 PASSED BY THE ADDL. CIVIL JUDGE AND JMFC KOPPAL RURAL P.S. CRIME NO. 135/2020 FOR THE OFFENCES PUNISHABLE U/S 341, 355, 504, 323, 506 R/W 34 OF IPC AND ALLOW THE ABOVE CRIMINAL PETITION, IN SO FAR AS PETITIONERS/ACCUSED NO.1 AND 2 ARE CONCERNED. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-D:3833 CRL.P No. 103471 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for offences punishable under Sections 341, 355, 504, 323, and 506 read with Section 34 of the Indian Penal Code, are before this Court. 2. The prosecution alleges that on 25.05.2019, the complainant, accompanied by three others, was proceeding near Kenchamma Temple when the petitioners verbally abused him. It is further alleged that Petitioner No.2 assaulted the complainant with a slipper and threatened him with dire consequences if he continued to refuse to convey the eight guntas of land, which purportedly belonged to the petitioners but was cultivated by the complainant. 3. Heard learned counsel for the petitioners and the learned Additional Government Advocate for the respondent (State). 4. The respondent de facto complainant, although served with notice, did not appear in person or through counsel and is therefore placed ex parte. - 3 - NC: 2025:KHC-D:3833 CRL.P No. 103471 of 2022 5. The alleged incident took place on 22.05.2019, and the FIR was lodged on 11.06.2019 without any plausible explanation. 6. A perusal of the charge sheet material indicates that the prosecution has not produced a wound certificate to substantiate that the complainant sustained injuries from the assault by the petitioners, which is necessary to establish an offence under Section 323 of the IPC. Additionally, there is no allegation that the petitioners used criminal force or assuaged the complainant from proceeding, which would be required to constitute an offence under Section 341 of the IPC. 7. The allegations made against the petitioner do not satisfy the basic requirements for constituting an offence under Sections 504 and 506 of the IPC. 8. Moreover, the FIR was lodged by the second respondent as a counterblast to the FIR filed by Petitioner No.1 against Respondent No.2 in Crime No.130/2019 dated 04.06.2019. 9. In light of the above, the continuation of criminal proceedings would be an abuse of the process of law. ORDER i. Accordingly, petition is allowed. - 4 - NC: 2025:KHC-D:3833 CRL.P No. 103471 of 2022 ii. The impugned proceeding in C.C.No.1693/2020 on the file of Addl. Civil Judge and JMFC, Koppal rural (P.S.Crime No.135/2020) is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE TIN Ct:vh List No.: 1 Sl No.: 81