- 1 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF MARCH, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO. 100687 OF 2023 BETWEEN: 1. SMT. DRAKSHAYANI CHANDRASHEKHAR HADIMANI, AGE: 52 YEARS, OCC: HOUSEWIFE, R/O: KAMBAGI, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. 2. ROOPA VIJAYAKUMAR YATNAL, AGE: 34 YEARS, OCC: HOUSEWIFE, R/O: KAMBAGI, NOW AT VIJAYAPUR, TQ/DIST: VIJAYAPUR – 586 125. 3. SMT. DEEPA HADIMANI, AGE: 31 YEARS, OCC: HOUSEWIFE, R/O: KANABUR, NOW AT VIJAYAPUR, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. 4. ARUN CHANDRAHSHEKHAR HADIMANI, AGE: 24 YEARS, OCC: STUDENT, R/O: KAMBAGI, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. 5. ANAND CHANDRASHEKHAR HADIMANI, AGE: 28 YEARS, OCC: POSTAL STAFF, R/O: KAMBAGI, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. …PETITIONERS (BY SRI. RAHUL S. KUNTOJI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, THROUGH SAVALAGI P.S., JAMAKHANDI, REPRESENTED BY Digitally signed by MOHANKUMAR B SHELAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, BENCH AT: DHARWAD – 580 001. 2. SMT. BHAGYASHREE W/O. ANAND HADIMANI, (D/O.DILEEP BIDARI), AGE: 28 YEARS, OCC: WORKING AT HEALTH DEPARTMENT, R/O: KAMBARGI, TQ: VIJAYAPUR, DIST: VIJAYAPUR – 586 125. (NOW AT BIDARI, TQ: JAMAKHANDI DIST: BAGALKOT). …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. S.T.PATIL & SRI ROHIT S. PATIL, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 82/2019 (SAVALAGI P.S. CIME NO. 98/2018) FOR THE OFFENCE UNDER SECTION 143, 147, 498A, 109, 506 READ WITH SECTION 149 OF IPC, PENDING ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC COURT JAMAKANDI, 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 petitioners -accused Nos.1 to 5 under Section 482 of Cr.P.C praying to quash the entire proceedings in C.C.No.82/2019 pending on the file of the learned Principal Civil Judge and JMFC, Jamakhandi registered for offences punishable under Sections 143, - 3 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 147, 498A, 109, 506 read with Section 149 of Indian Penal Code, 1860(hereinafter referred to as ”IPC” for brevity) . 2. Respondent No.2 has filed a complaint on 19.06.2018 and same has been registered in Crime No.99/2018 of Savalagi Police Station for offences punishable under Sections 143, 147, 498A, 109, 506 read with Section 149 of IPC against petitioners –accused Nos.1 to 5. The Police after investigation have filed charge sheet against petitioners for offences punishable under Sections 143, 147, 498A, 109, 506 read with Section 149 of IPC. Learned Magistrate has taken cognizance and registered Criminal Case No.82/2019 and it is pending on the file of the learned Principal Civil Judge and JMFC, Jamakhandi. The proceedings of the said criminal case are sought to be quashed in this petition by petitioners –accused Nos.1 to 5. 3. Heard learned counsel for petitioners, learned counsel for respondent No.2 and learned AGA for respondent No.1 –State. - 4 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 4. Learned counsel for petitioners –accused Nos.1 to 5 would contend that the marriage of petitioner No.5 and respondent No.2 was love marriage and it has taken place on 07.06.2018 and registered on 08.06.2018. Respondent No.2, even after marriage did not go to the house of petitioners. When respondent No.2 did not go to house of petitioners to lead marital life, there is no question of offence punishable under Section 498A of IPC. Respondent No.2 herself went to the work place of petitioner No.5 –accused No.5 (husband of respondent No.2) at 11.00 a.m. and asked him why she has not taken to his house and why he has left her in her parent’s house. In return petitioner No.5 told that he is marrying another girl who is daughter of maternal uncle and he told that his mother –Drakshayani, sisters -Deepa and Roopa and brother -Arun told him not bring her to the house. He further told her that if she repeatedly insists him to take her to his house, he will burn her live and gave life threat. He further submits that considering entire averments of - 5 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 the complaint offences alleged against petitioners are not made out. The incident has taken place on 11.06.2018 and complaint has been filed on 19.06.2018 and there is delay in filing the complaint and there is no explanation for the delay. On these grounds he prays to allow the petition and quash the proceedings against petitioners. 5. Learned counsel for respondent No.2 would contend that there is specific overtact alleged against petitioner No.5 –accused No.5 of giving threat to burn her live and giving left threat. With this, he prays for dismissal of the petition. 6. Learned AGA for respondent No.1-State has reiterated grounds urged by learned counsel for respondent No.2 and prays for dismissal of the petition. 7. Having heard learned counsels, this Court has perused charge sheets records. 8. The marriage of petitioner No.5 and respondent No.2 was love marriage and it has been taken place on - 6 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 07.06.2018 and registered on 08.06.2018. The alleged incident has taken place on 11.06.2018 and complaint has been filed on 19.06.2018. On perusal of averments of the complaint there is no explanation by respondent No.2 – complainant for the delay. The grievance of respondent No.2 appears to be that her marriage was taken place on 07.06.2018 and till 11.06.2018 she has not been taken by her husband to his house. In that regard, respondent No.2 went to the work place of her husband i.e. petitioner No.5 –accused No.5 and questioned him as to why he is not taking her to his house. At that time, it is alleged that her husband has given her threat to burn live and given life threat and told that he is not taking her to his house as instructed by other accused. Considering the said aspect, there is no accusation against petitioners Nos.1 to 4 for offences alleged against them. The accusation against petitioner Nos.1 to 4 is that they told petitioner No.5 to marry another girl who is daughter of maternal uncle. The - 7 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 said act of petitioner Nos.1 to 4 does not amounts to abetment to commit any offence. 9. The alleged incident has taken place in the work place of petitioner No.5 –accused No.5. To that spot (i.e. work place of petitioner No.5) respondent No.2 herself went to ask why her husband –petitioner No.5 has not taken her to his house. When petitioner No.5 refused to take respondent No.2 to his house, petitioner No.5 alleged to have given her threat and committed criminal intimidation. Considering the fact that petitioner No.5 has refused to take her to his house, it appears that respondent No.2 has made false allegation against petitioner No.5 –accused No.5. Considering all these aspects, the proceedings against petitioners is abuse of process of law. 10. In the result, the following ORDER i) The petition is allowed. - 8 - NC: 2025:KHC-D:5522 CRL.P No. 100687 of 2023 ii) The proceedings against petitioners –accused Nos.1 to 5 in C.C. No. 82/2019 pending on the file of the learned Principal Civil Judge and JMFC, Jamakhandi are quashed. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE DSP/CT-ASC List No.: 1 Sl No.: 41