- 1 - NC: 2025:KHC-K:977 CRL.P No. 200933 of 2024 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 11TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 200933 OF 2024 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. HITABAYI @ VITA BAI W/O SHYAMRAO, OCC: HOUSEWIFE, AGED ABOUT 58 YEARS, 2. LALITABAI W/O SHUKDEV PAWAR, OCC: HOUSEWIFE, AGED ABOUT 38 YEARS, 3. PUTALABAI W/O HIRALAL KUSALE, OCC: HOUSEWIFE, AGED ABOUT 57 YEARS, 4. LAXMIBAI W/O NAGRAJ JADHAV, OCC: HOUSEWIFE, AGED ABOUT 55 YEARS, 5. SUDHAKAR S/O HANUMANTH TANKUM, OCC: PRIVATE WORK, AGED ABOUT 41 YEARS, 6. PRABHAKAR S/O HANUMANTH TANKUM, OCC: PRIVATE WORK, AGED ABOUT 47 YEARS. 7. SANTHOSH S/O HANUMANTH TANKUM, OCC: PRIVATE WORK, Digitally signed by SHIVAKUMAR HIREMATH Location: HIGH COURT OF KARNATAKA - 2 - NC: 2025:KHC-K:977 CRL.P No. 200933 of 2024 AGED ABOUT 54 YEARS. 8. VENKTESH S/O HANUMATH TANKUM, OCC: PRIVATE WORK, AGED ABOUT 42 YEARS, ALL ARE R/O. WADDARGALLI, NEAR BHAGAT SINGH CHOWK, BRAHMPUR, KALBURAGI, TQ. AND DIST. KALABURAGI. …PETITIONERS (BY SRI RAVI B. CHAWAN, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH SUB-URBAN POLICE STATION, REP BY, ADDL. SPP, HIGH COURT OF KARNATAKA, KALABURAGI-585103. 2. AFROZ JABIN W/O KHAISAR MOULANA, OCC: TEACHER, AGE: 43 YEARS, R/O. NEAR ASHRA MASJID, MSK MILL AREA, MIZABA NAGAR, TQ. AND DIST. KALABURAGI. …RESPONDENTS (BY SRI VEERANAGOUDA MALIPATIL, HCGP FOR R1 SRI AFZAL KHURRAM ALI, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 OF CR.P.C. PRAYING TO ALLOW THIS APPLICATION OF THE PETITIONER NO.1 TO 8 / ACCUSED NO.1 TO 8 AND QUASH THE FIR NO. 1289 OF 2024 IN CRIME NO. 129 OF 2024 OF SUB-URBAN POLICE STATION KALABURAGI FOR THE OFFENCE PUNISHABLE U/S 143, 147, 323, 447, 504, 506 R/W 149 OF IPC AGAINST THE PETITIONERS, WHICH IS PENDING ON THE FILE OF V ADDL. CIVIL JUDGE AND JMFC AT KALABURAGI. - 3 - NC: 2025:KHC-K:977 CRL.P No. 200933 of 2024 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY ORAL ORDER (PER: HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.1 to 8 are before this Court under Section 482 of Cr.P.C., with a prayer to quash the entire proceeding in Crime No.129/2024 registered by Sub Urban Police Station, Kalaburagi city, for the offences punishable under Section 143, 147, 323, 447, 504, 506 read with Section 149 of IPC. 2. Heard the learned counsel for the parties. 3. FIR in Crime No.129/2024 was registered by the Sub Urban Police Station, Kalaburagi city, against the petitioners herein on the basis of the first information dated 25.06.2024 received from respondent No.2 herein. Being aggrieved by the same, the petitioners are before this Court. - 4 - NC: 2025:KHC-K:977 CRL.P No. 200933 of 2024 4. Learned counsel for the petitioners submits that, there is a civil dispute between the parties, which is pending consideration before the jurisdictional Civil Court in O.S.No.128/2020. The father of the petitioners herein is defendant No.1 in the said suit. He submits that, earlier a criminal case in Crime No.22/2020 has been registered on the basis of the first information submitted by the father of the petitioners against the first informant in the present case and her family members. It is only in this background, a false complaint has been filed against the petitioners. Accordingly, he prays to allow the petition. 5. Per contra, learned HCGP submits that, the investigation of the case is under progress. 6. Learned counsel for the respondent No.2 on instructions submits that, he has no objection to allow the petition and he has also filed a memo to the said effect. 7. The said memo is taken on record. - 5 - NC: 2025:KHC-K:977 CRL.P No. 200933 of 2024 8. Considering the submissions made by the learned counsel for the petitioners and the material on record, which would prima-facie go to show that, there is a civil dispute between the parties in question and also taking into consideration the memo filed by the learned counsel for the respondent No.2, stating that, he has no objection for quashing the impugned criminal proceedings, I am of the opinion that, the prayer made in the petition needs to be granted. Accordingly, the following order: ORDER (i) The criminal petition is allowed; (ii) The entire criminal proceeding in Crime No.129/2024 registered by Sub Urban Police Station, Kalaburagi city, for the offences punishable under Sections 143, 147, 323, 447, 504, 506 read with Section 149 of IPC, is quashed as against the petitioners herein. Sd/- (S.VISHWAJITH SHETTY) JUDGE SVH List No.: 1 Sl No.: 24 CT:PK