- 1 - NC: 2025:KHC-D:598 CRL.P No. 100588 of 2020 C/W CRL.P No. 100589 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 100588 OF 2020 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 100589 OF 2020 IN CRL.P. NO.100588 OF 2020: BETWEEN: SHASHIDHAR S/O. PATTADAYYA HALAGALIMATH AGE: 61 YEARS, OCC: CENTRAL GOVT. EMPLOYEE, R/O: H.NO.35, BHARTHI NAGAR, NEAR MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI-580010. …PETITIONER (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. STATE OF KARNATAKA MAHILA POLICE STATION, HUBLI-DHARWAD, REPTD. BY ITS ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SAROJA W/O. SHASHIDHAR HALAGALIMATH AGE. 57 YEARS, OCC.TEACHER, R/O. H.NO.35, BHARATHI NAGAR, MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI-580030. …RESPONDENTS (BY SRI. T.HANUMAREDDY, ADDL. GOVT. ADV. FOR R1; SRI.G.N.BADIGER AND SRI.D.V.PATTAR, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, ALLOW THIS CRIMINAL PETITION AND QUASH COMPLAINT DATED 04/02/2020 FILED BY THE RESPONDENT NO.2 HEREIN BEFORE THE MAHILA POLICE STATION, HUBLI-DHARWAD AND THE FIR DATED 04/02/2020 REGISTERED BY THE MAHILA POLICE STATION, HUBLI DHARWAD IN CR.NO.10/2020 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 323, 504, 506 R/W 34 OF IPC AND CONSEQUENTLY QUASH ALL THE CRIMINAL B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:41 +0530 - 2 - NC: 2025:KHC-D:598 CRL.P No. 100588 of 2020 C/W CRL.P No. 100589 of 2020 PROCEEDINGS IN CR.NO.10/2020 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 498A, 323, 504, 506 R/W 34 OF IPC SO FAR IT RELATES TO THE PETITIONER IS CONCERNED. IN CRL.P. NO.100589 OF 2020: BETWEEN: SUDHA W/O. RAHUSAHEB PATIL AGE: 45 YEARS, OCC: SELF EMPLOYED, R/O: MIG 6, H.NO.34, BHARTHI NAGAR, NEAR MANJUNATH NAGAR, GOKUL ROAD, NOW H.NO. 304 M.G.6 AKSHY PARK, HUBBALI, HUBBALLI-580010. …PETITIONER (BY SRI. MAHESH WODEYAR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA MAHILA POLICE STATION, HUBLI-DHARWAD, REPTD. BY ITS ADDL. SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580011. 2. SMT. SAROJA W/O. SHASHIDHAR HALAGALIMATH AGE: 57 YEARS, OCC: TEACHER, R/O: BHARATHI NAGAR, NEAR MANJUNATH NAGAR, GOKUL ROAD, HUBBALLI-580010. …RESPONDENTS (BY SRI.T.HANUMAREDDY, ADDL. GOVT. ADVOCATE FOR R1; SRI. D.V.PATTAR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO ALLOW THIS CRIMINAL PETITION AND QUASH COMPLAINT DATED 04/02/2020 FILED BY THE RESPONDENT NO.2 HEREIN BEFORE THE MAHILA POLICE STATION, HUBLI-DHARWAD AND THE FIR DATED 04/02/2020 REGISTERED BY THE MAHILA POLICE STATION, HUBLI-DHARWAD IN CR.NO.10/2020 FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 504, 506 R/W 34 OF IPC AND CONSEQUENTLY QUASH ALL THE CRIMINAL PROCEEDINGS IN CR.NO.10/2020 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, HUBBALLI FOR THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 504, 506 R/W 34 IPC SO FAR IT RELATES TO THE PETITIONER IS CONCERNED. - 3 - NC: 2025:KHC-D:598 CRL.P No. 100588 of 2020 C/W CRL.P No. 100589 of 2020 THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners–accused have been charge-sheeted for offences punishable under Sections 498A, 323, 504, 506 read with Section 34 of the IPC. 2. Respondent No. 2 lodged an FIR on 04.02.2020, alleging that her marriage with Accused No. 1 was solemnized on 03.07.1983, and from the said wedlock, they had three children, all of whom are now married and have children. During the subsistence of their marriage, Accused No. 1 allegedly entered into an illicit relationship with Accused No. 2 and threatened the complainant to consent to a mutual dissolution of their marriage. 3. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for Respondent No. 1 – State. 4. The marriage between Accused No. 1 and Respondent No. 2 was solemnized on 03.07.1983, resulting in three children who are now married. The primary allegation is that Accused No. 1 has an illicit relationship with Accused No. 2. However, since Accused No. 2 is not a relative of Accused No. 1, she does not fall under the scope of “relative of the husband” as required to constitute an offence under Section 498A of the IPC. - 4 - NC: 2025:KHC-D:598 CRL.P No. 100588 of 2020 C/W CRL.P No. 100589 of 2020 5. There is no specific allegation or overt act described against Accused No. 1 regarding how and in what manner he subjected Respondent No. 2 to mental or physical cruelty. The claim that Accused No. 1 is threatening to transfer service benefits to Accused No. 2 does not amount to an offence punishable under Section 498A of the IPC. 6. The allegations in the FIR primarily arise from a marital dispute between Accused No. 1 and Respondent No. 2, but they have been given a criminal dimension. Therefore, the continuation of a criminal investigation for the alleged offences would constitute an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petitions are allowed. ii) The impugned proceedings in Crime No.10/2020 pending on the file of the learned Principal Civil Judge and JMFC, Hubballi is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh/List No.: 1 Sl No.: 46