- 1 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 28TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 103455 OF 2024 C/W CRIMINAL PETITION NO. 103005 OF 2024 IN CRL.P.NO.103455/2024: BETWEEN: MOHAMMED GHOUSE, AGE: 35 YEARS, OCC: BUSINESS, R/O: BEHIND MAZID, 11TH CROSS, HUSSAIN NAGAR, BALLARI – 583 101. …PETITIONER (BY SRI. B. S. SANGATI, ADVOCATE) AND: 1. STATE OF KARNATAKA, THE POLICE INSPECTOR, BRUCEPET POLICE STATION, BALLARI, R/BY ITS PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH – 580 001. 2. SMT. SHABHANA W/O. AREEF, AGE: 23 YEARS, OCC: HOUSEHOLD, R/O: RUPANAGUDI ROAD, RAJYOTSAVA NAGAR, 1ST CROSS, BALLARI – 583 101. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; R2 – SERVED) Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C. (528 OF BNSS), PRAYING TO QUASH THE FIR AND COMPLAINT FILED BY THE RESPONDENT NO.2 DATED 21.08.2024 UNDER CRIME NO.167/2024 UNDER THE LIMITS OF BRUCEPET POLICE STATION, FOR THE OFFENCE UNDER SECTIONS 189(2), 191(2), 115(2), 126(2), 329(4), 352, 351(2) AND 190 OF BNSS ACT, 2023, AGAINST ACCUSED NO.1-/PETITIONER AND ALLOW THE CRIMINAL PETITION, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P.NO.103005/2024: BETWEEN: 1. SEEMA ANJUM W/O. MOHAMMED GOUSE, AGE: 30 YEARS, OCC: BUSINESS, R/O: BEHIND MAZID, 11TH CROSS, HUSSAIN NAGAR, BALLARI – 583 101. 2. ALI SAB, AGE: 24 YEARS, OCC: BUSINESS, R/O: BEHIND MAZID, 11TH CROSS, HUSSAIN NAGAR, BALLARI – 583 101. 3. HUSSAIN SAB, AGE: 60 YEARS, OCC: BUSINESS, R/O: BEHIND MAZID, 11TH CROSS, HUSSAIN NAGAR, BALLARI – 583 101. 4. SALEEM, AGE: 36 YEARS, OCC: BUSINESS, R/O: BEHIND MAZID, 11TH CROSS, HUSSAIN NAGAR, BALLARI – 583 101. …PETITIONERS (BY SRI. B. S. SANGATI, ADVOCATE) - 3 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 AND: 1. THE STATE OF KARNATAKA, THE POLICE INSPECTOR, BRUCEPET POLICE STATION, BELLARY, REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD – 580 011. 2. SMT. SHABHANA W/O. AREEF, AGE: 23 YEARS, OCC: HOUSEWIFE, R/O: RUPANAGUDI ROAD, RAJYOTSAVA NAGAR, 1ST CROSS, BALLARI – 583 101. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; R2 - SERVED) THIS CRIMINAL PETITION IS FILED U/SEC. 528 OF BNSS, 2023, (U/SEC. 482 OF CR.P.C.) SEEKING TO QUASH THE COMPLAINT AND FIR FILED BY RESPONDENT NO.1 AGAINST PETITIONERS/ACCUSED NO.2 TO 5 ARE CONCERNED FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTIONS 189(2), 191(2), 115(2), 126(2), 329(4), 352, 351(2), 190 OF THE BHARATIYA NYAYA SANHITA, 2023, REGISTERED WITH BRUCEPET PS IN CRIME NO. 167/2024, PENDING ON THE FILE OF 1ST ADDL. CIVIL JUDGE AND JMFC COURT, BALLARI, IN THE INTEREST OF JUSTICE AND EQUITY. THESE CRIMINAL PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR - 4 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 ORAL ORDER Crl.P. No.103455/2024 is filed by accused No.1 and Crl.P. No.103005/2024 is filed by accused Nos.2 to 5 under Section 482 of Cr.P.C praying to quash the FIR and complaint filed by respondent No.2 dated 21.08.2024 registered in Crime No.167/2024 of Brucepet Police Station for offences punishable under Sections 189(2), 191(2), 115(2), 126(2), 329(4), 352, 351(2) and 190 of BNS, 2023. 2. Respondent No.2 has filed a complaint against the accused Nos.1 to 5/ petitioners herein on 21.08.2024 with regard to the incident dated 16.07.2024 and based on that, a case came to be registered in Brucepet Police Station under Crime No.167/2024 for the aforesaid offences. The said complaint and FIR are sought to be quashed against the petitioners. 3. Heard the learned counsel for the petitioner and the learned Additional Government Advocate for - 5 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 respondent No.1-State. Inspite of service of notice, the respondent No.2 remained absent and unrepresented. 4. Learned counsel for the petitioners would contend that Seema-accused No.2 (petitioner No.1) in Crl.P. No.103005/2024 had earlier lodged a complaint against the husband of respondent No.2 and another Irfan on 16.08.2024 with regard to the incident dated 09.07.2024 and a case has been registered against Irfan and others in Crime No.87/2024 of Gandhinagar Police Station for the offences punishable under Sections 127(2), 74, 352, 551(2), 351(3), 3(5) of BNS, 2023. In order to take revenge, the respondent No.2 has filed a false complaint against the petitioners on 21.08.2024 with regard to the incident dated 16.07.2024. He submits that no explanation has been stated in the complaint for the delay in filing the complaint. Since, the complaint is lodged in order to take revenge as a complaint has been registered by accused No.2 against the husband of respondent No.2 and another. The proceedings against the - 6 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 petitioners are abuse of process of law. With this he prays to allow the petition. 5. Learned Additional Government Advocate for respondent No.1-State would contend that there is an allegation of assault by the petitioners and it requires investigation. 6. Having heard the learned counsels, this Court has perused the complaint, FIR and other materials placed on record. 7. The accused No.2-Seema Anjum i.e., the petitioner No.1 in Crl.P. No.103005/2024 has lodged a complaint against Irfan and Ali with regard to the incident dated 09.07.2024 and a case has been registered against them at Gandinagar Police Station in Crime No.87/2024. The respondent No.2 is a wife of Ali i.e., accused No.2 in the FIR of Crime No.87/2024 of Gandhinagar Police Station. On perusal of the averments, the complaint in Crime No.87/2024 of Gandhinagar Police Station and in - 7 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 Crime No.167/2024 of Brucepet Police Station is pertaining to alleged lending and demanding repayment of the loan amount. It appears that as Seema-accused No.2 has filed a complaint against the husband of the respondent No.2 and another and in order to take revenge, a complaint has been filed against the petitioners-accused Nos.1 to 5. The FIR is lodged after one month and five days delay from the date of incident. 8. Considering all these aspects, the proceedings against the petitioners is abuse of process of law. In the result, the following; ORDER i) Both the petitions are allowed. ii) The proceedings against the petitioners registered in FIR and complaint in Crime No.167/2024 of Brucepet Police Station registered for offence punishable - 8 - NC: 2025:KHC-D:5769 CRL.P No. 103455 of 2024 C/W CRL.P No. 103005 of 2024 under Sections 189(2), 191(2), 115(2), 126(2), 329(4), 352, 351(2) and 190 of BNSS Act, 2023 are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE PJ/CT-ASC List No.: 1 Sl No.: 41