- 1 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 7TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 1537 OF 2025 BETWEEN: 1. SHIVAMMA W/O BODESHA, AGED ABOUT 48 YEARS, KANCHAMARAHALLI VILLAGE, KASBA HOBLI, HASSAN(T) HASSAN DISTRICT-01. 2. BODESHA S/O CHIKKAIAH, AGED ABOUT 50 YEARS, KANCHAMARAHALLI VILLAGE, KASBA HOBLI, HASSAN(T) HASSAN DISTRICT-01. 3. DEEPAK S/O BODESHA, AGED ABOUT 22 YEARS, KANCHAMARAHALLI VILLAGE, KASBA HOBLI, HASSAN(T) HASSAN DISTRICT-01. …PETITIONERS (BY SRI. PRATHEEP K C.,ADVOCATE) AND: 1. THE STATE OF KARNATAKA REP. BY HASSAN RURAL POLICE STATION HASSAN DISTRICT REP. BY ITS Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 STATE PUBLIC PROSECUTOR HIGH COURT OF KARNATAKA BANGALORE-01. 2. SAGANAMMA W/O THAMMAIH AGED ABOUT 50 YEARS KANCHAMARAHALLI VILLAGE, KASBA HOBLI, HASSAN(T) HASSAN DISTRICT-01. …RESPONDENTS (BY SRI.VINAY MAHADEVAIAH., HCGP FOR R1; SRI. GIRISH BALADARE, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S 482 CR.PC (FILED U/S 528 BNSS) PRAYING TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.5342/2015 FOR THE OFFENCE PUNISHABLE UNDER SECTION 506, 504, 323, 354, 34 OF IPC PENDING ON THE FILE ADDL. CIVIL JUDGE AND JMFC., HASSAN. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, the petitioners seek for the following reliefs: "to quash the entire proceedings in C.C.No.5342/2015 for the offence punishable under Section 506, 504, 323, 354 read with 34 of IPC pending on the file of Addl. Civil Judge and JMFC, Hassan, in the interest of justice." - 3 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 2. Heard the learned counsel for the petitioners and learned High Court Government Pleader for the respondent and perused the material on record. 3. A perusal of the material on record will indicate that the petitioners have been arrayed as accused Nos.1 to 3 and Sri Manjunatha has been arrayed as accused No.4 in Crl.P.No.8632/2023 which was allowed by this Court quashing the proceedings vide order dated 24.01.2025, “In this petition, petitioner seeks for the following reliefs: "Wherefore the petitioner in the above petition most humbly prays that this Hon'ble Court may be pleased to quash the entire proceedings in C.C.No.5342/2015 for the offence punishable under Section 506, 504, 323, 354, 34 of IPC pending on the file I Addl. Civil Judge (Jr. Div.) and J.M.F.C., Hassan in so far as petitioner is concerned in the interest of justice and equity." 2. Heard learned counsel for the petitioner, learned Addl.SPP for respondent No.1 and learned counsel for respondent No.2 and perused the material on record. 3. A perusal of the material on record will indicate that on 14.04.2015, Smt. Shivamma, the - 4 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 mother of petitioner - accused No.4 filed a complaint against respondent No.2 herein and others, which was registered as an FIR in Crime No.99/2015 for the offences punishable under Section 427, 341, 506, 504, 323, 114 r/w Section 34 of IPC. Subsequently, respondent No.2 filed a complaint against the petitioner - accused No.4 and others on 16.04.2015, which was registered as an FIR in Crime No.103/2015 for the offences punishable under Section 506, 504, 323, 354 r/w Section 34 of IPC. Respondent No.1 having filed charge sheets in both the proceedings, the same are pending before the Trial Court in C.C.No.5342/2015 (Crime No.103/2015) and C.C.No.6035/2015 (Crime No.99/2015). Aggrieved by the impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 filed by respondent No.2, the petitioner is before this Court by way of the present petition. 4. Learned counsel for the petitioner as well as 2nd respondent jointly submit that both the case and counter case filed by the parties against each other may be quashed. In this context, it is submitted that apart from quashing the impugned proceedings pending against the petitioner - accused No.4 and other accused persons in C.C.No.5342/2015, the proceedings in C.C.No.6035/2015 filed by the petitioner against 2nd respondent and other accused - 5 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 persons which is the subject matter of Crl.P.No.958/2025 may also be quashed. The said joint submission made by the learned counsel for the petitioner and 2nd respondent is placed on record. 5. In view of the aforesaid facts and circumstances and joint submission made by both sides, I am of the view that the impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 deserve to be quashed. 6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 registered by the 1st respondent - Police pending on the file of I Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including petitioner - accused No.4 are hereby quashed. (iii) The submission made by the learned counsel for the petitioner and learned counsel for 2nd respondent that pursuant to the present order, both sides would take necessary steps to get Crl.P.No.958/2025 arising out of Crime No.99/2015 pending in C.C.No.6035/2015 - 6 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 allowed and the said proceedings quashed is placed on record.” 4. So also the petitioners herein having filed a compliant as against respondent No.2 - complainant and her family members, the same was also quashed by this Court in Crl.P.No.958/2025 vide Court order dated 05.02.2025. “In this petition, petitioners have sought for the following reliefs:- a) Quash the entire criminal proceedings in Crime No.0099/2015 for the offence punishable under Section 341, 504, 354, 323, 506 R/w 34 of IPC against the petitioners registered by Hassan Rural Police, Hassan and the same is pending before the Addl. Civil Judge and JMFC at Hassan in now C.C.No.6035/2015, in the interest of justice and equity. b) Grant such other relief's as this Hon'ble court deems fit in the facts and circumstances of the case in the interest of justice and equity." 2. Heard learned counsel for the petitioners as well as learned Addl.SPP for 1st respondent and learned counsel for 2nd respondent and perused the material on record. - 7 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 3. A perusal of the material on record will indicate that apart from the impugned proceedings in C.C.No.6035/2015 arising out of Crime No.99/2015 instituted by the 2nd respondent against the petitioner and others, proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 were challenged by the 2nd respondent in Crl.P.No.8632/2023 which was allowed and disposed of with the consent of both sides by this Court vide order dated 24.01.2025, as hereunder:- “6. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.5342/2015 arising out of Crime No.103/2015 registered by the 1st respondent - Police pending on the file of I Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including petitioner - accused No.4 are hereby quashed. (iii) The submission made by the learned counsel for the petitioner and learned counsel for 2nd respondent that pursuant to the present order, both sides would take necessary steps to get Crl.P.No.958/2025 arising out of Crime No.99/2015 pending in C.C.No.6035/2015 allowed and the said proceedings quashed is placed on record. 4. In view of the aforesaid facts and circumstances and the aforesaid order passed in - 8 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 Crl.P.No.8632/2015, the present petition deserves to be allowed and the impugned proceedings deserve to be quashed. 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.6035/2015 arising out of Crime No.99/2015 registered by the 1st respondent - Police pending on the file of Addl.Civil Judge & JMFC, Hassan, in relation to all the accused persons including the petitioners - accused Nos. 1 to 4 are hereby quashed. 5. Under these circumstances, in view of quashment of the proceedings as against accused No.4 as well as respondent No.2 and her family members, by applying doctrine of parity, proceedings against the petitioners - accused Nos.1 to 3 also deserve to be quashed. 6. In the result, I pass the following: - 9 - NC: 2025:KHC:5603 CRL.P No. 1537 of 2025 ORDER (i) The petition is hereby allowed. (ii) The proceedings in C.C.No.5342/2015 on the file of I Addl. Civil Judge and JMFC, Hassan for the offences punishable under Sections 506, 504, 323, 354 r/w. 34 of IPC qua the petitioners are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE SA/MDS List No.: 1 Sl No.: 19