- 1 - NC: 2025:KHC-D:5320 CRL.P No. 103080 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF MARCH 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.103080 OF 2024 BETWEEN: 1. VARALAXMI S/O. LATE VEERANNA, AGE: 48 YEARS, R/O: GOVT. OFFICIAL NON-GAZETTED NEAR ICC FACTORY, W.NO.26, JAGRUTHI NAGAR COWL BAZAR, BALLARI, DIST: BALLARI – 58310. 2. KAMALARAJ S/O. LATE VEERANNA, AGE: 32 YEARS, R/O: GOVT. OFFICIAL NON-GAZETTED NEAR ICC FACTORY, W.NO.26, JAGRUTHI NAGAR COWL BAZAR, BALLARI, DIST: BALLARI – 58310. 3. DEEPIKA W/O. KAMALARAJ, AGE: 28 YEARS, R/O: HOUSEWIFE, R/O: GOVT. OFFICIAL NON-GAZETTED, NEAR ICC FACTORY, W.NO.26, JAGRUTHI NAGAR, COWL BAZAR, BALLARI, DIST: BALLARI – 583 10. …PETITIONERS (BY SRI. A. VEERANNA, ADVOCATE) AND: 1. THE STATE BY SUB INSPECTOR OF BALLARI WOMEN PS BALLARI DISTRICT, R/BY ADDL. SPP, KARNATAKA HIGH COURT BENCH, AT: DHARWAD PIN – 580 011. Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:5320 CRL.P No. 103080 of 2024 2. SMT. D. DRAKSHAYINI W/O. D. TIPPAIAH, AGE: 28 YEARS, R/O: HOUSEWIFE, R/O: NEAR ICC, FACTORY, W.NO.26, JAGRUTHI NAGAR, BALLARI, DIST: BALLARI – 583 10. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; R2 - SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CRPC 528 OF BNSS SEEKING TO PASSED AN ORDER THEREBY QUASHING AGAINST PETITIONERS/A1 TO A3 ORDER OF THE TRAIL COURT TAKING COGNIAZANCE ISSUING SUMMONS PURSUANT TO THIS CHARGE SHEET FILED IN C.C. NO. 1029/2019 PENDING ON THE FILE OF THE IV ADDL CIVIL JUDGE (JR.DN) AND JMFC BALLARI FOR THE ALLEGED OFFENCES PUNISHABLE UNDER SECTIONS 504,323,354(B), 506, 34 IPC BALLARI WOMEN P.S. CRIME NO 149/2018 MAY BE QUASHED ALLOWING THIS CRIMINAL PETITION 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 to 3 under Section 482 of the Code of Criminal Procedure praying to quash the charge-sheet filed in C.C. No.1029/2019 pending on the file of the learned IV Additional Civil Judge and JMFC, Ballari, registered for the offences punishable under Sections 504, 343, 354B and 506 read with Section - 3 - NC: 2025:KHC-D:5320 CRL.P No. 103080 of 2024 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’, for short). 2. The case of the prosecution in brief is that, one Smt. Drakshayini had lodged a written complaint stating that, there was verbal quarrel which took place between the accused and the complainant with regard to construction of toilet room by the side of her house. That on 01.11.2018 at 7:30pm, the complainant and her children while sitting in front of her house, the accused persons came there and abused her in vulgar words. When she asked them, due to their construction of toilet, she is getting bad smell, accused No.2 assaulted her on her head with leg and dragged her holding her blouse, accused Nos.1 and 3 dragged her holding her hair and assaulted her on her stomach and chest and this incident has been witnessed by her children. The said complaint came to be registered in Crime No.149/2018 by Ballari Women Police for the offences punishable under Sections 504, 323, 354B, 506 and 34 of IPC. The Police, after - 4 - NC: 2025:KHC-D:5320 CRL.P No. 103080 of 2024 investigation, filed charge-sheet against the petitioners for the aforesaid offences. The learned Magistrate has taken cognizance and registered C.C. No.1029/2019 against the petitioners. That the proceedings of the said case are sought to be quashed in the present petition. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for respondent No.1/State. In spite of service of notice, respondent No.2 remained absent and unrepresented. 4. Learned counsel for the petitioners would contend that there is civil dispute with regard to construction of toilet and therefore a false complaint has been filed. He further submits that the charge-sheet material will not attract the offences alleged against the petitioners. With this, he prayed to allow the petition. 5. Per contra, learned AGA would contend that there is an allegation of assault and manhandling of respondent No.2 by the petitioners. There are - 5 - NC: 2025:KHC-D:5320 CRL.P No. 103080 of 2024 eyewitnesses to the said incident, who are CWs.5 to 10. The complainant has sustained injuries and the wound certificate is enclosed to the charge sheet, which indicates that she has sustained 3 simple injuries. He submits that, there are no grounds for quashing. Hence, he prayed for dismissal of the petition. 6. Having heard the learned counsel, the Court has perused the charge-sheet records. 7. The accusation against the petitioners in the charge-sheet is that, when the complainant/CW-1 questioned the accused persons that, due to their construction of toilet, she was getting bad smell, at that time, accused No.2 abused her and kicked her on her head with his leg and dragged her blouse with hand, at that time accused Nos.1 and 3 held the hairs of the complainant/CW.1 and accused No.1 kicked her on her stomach, accused No.3 also kicked her on stomach and thereafter accused Nos.1 and 3 kicked her on her chest with their legs. At that time, CWs.5 to 7 came to her - 6 - NC: 2025:KHC-D:5320 CRL.P No. 103080 of 2024 rescue and accused persons gave her life threat. The wound certificate enclosed with the charge-sheet indicates that respondent No.2/CW-1 has sustained 3 simple injuries i.e., tenderness over head, chest and abdomen. CWs.5 to 10 are the eyewitnesses who have stated regarding the assault made by the petitioners on CW.1. 8. Considering all these aspects, there are no grounds made out for quashing of the proceedings. In the result, the petition is dismissed. Consequently, I.A.1/2024 also stands dismissed, as it does not survive for consideration. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE kmv CT-ASC