- 1 - NC: 2025:KHC-D:556 CRL.P No. 100456 of 2018 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. 100456 OF 2018 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. SHWETA W/O. ARUN NAIK AGE: 29 YEARS, OCC: HOUSEHOLD WORK, R/O. C/O.: DR. MOHAN R. KADEMANI, HOUSE NO.95, RAMACHANDRA BUILDING, NRUPATHUNGA PARK, HUBBALLI-32. 2. DR. MOHAN RAMACHANDRA KADEMANI AGE: 62 YEARS, OCC: DOCTOR, R/O. HOUSE NO.95, RAMACHANDRA BUILDING, NRUPATHUNGA PARK, HUBBALLI-32. 3. SMT. SHAILA @ SHAILAJA W/O. DR. MOHAN KADEMANI, AGE: 58 YEARS, OCC: HOUSEWIFE, R/O. HOUSE NO.95, RAMACHANDRA BUILDING, NRUPATHUNGA PARK, HUBBALLI-32. 4. PRATIK S/O. JAYASHEELA SHETTY AGE: 24 YEARS, OCC: PRIVATE SERVICE, R/O. ASHOKA APARTMENT, BHAVANI NAGAR, KESHWAPUR, HUBBALLI, DIST: DHARWAD. …PETITIONERS (BY SRI. VIDYASHANKAR G.DALWAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY ITS PSI OF MUDHOL P.S, MUDHOL, REPRESENTED BY SPP, HIGH COURT BUILDING, DHARWAD. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:35 +0530 - 2 - NC: 2025:KHC-D:556 CRL.P No. 100456 of 2018 2. ARUN S/O. BASAVARAJ NAIK AGE: 32 YEARS, OCC: PRIVATE JOB, R/O. H.B.COLONY, MANTUR ROAD, MUDHOL, DIST: BAGALKOT. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., SEEKING TO, QUASH THE COMPLAINT DATED 19.07.2015 AND FIR IN CRIME NO.184/2015 OF MUDHOL P.S. AND QUASH COGNIZANCE DATED 19.10.2016 TAKEN FOR AND OFFENCE PUNISHABLE UNDER SECTION 448, 504, 506 R/W SEC.34 OF IPC AND THE ENTIRE PROCEEDINGS IN C.C.NO.1667/2016 PENDING ON THE FILE OF THE COURT OF PRL. CIVIL JUDGE (JR.DN.) & JMFC, MUDHOL. THIS PETITION, COMING ON FOR HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners have been charge-sheeted for the offences punishable under Sections 448, 504, and 506 read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘the IPC’) and are before this Court. 2. The prosecution’s case is that accused No.1 is the legally wedded wife of the de facto complainant. Due to a marital dispute between the parties, accused No.1 had returned to her parental home. On the date of the incident, accused No.1, along with her parents and a friend, allegedly came to the matrimonial home, criminally trespassed, and forcibly took some ornaments and money. - 3 - NC: 2025:KHC-D:556 CRL.P No. 100456 of 2018 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1- State, and the learned counsel for respondent No.2. 4. A perusal of the charge sheet material indicates that the allegations in the FIR arise from a marital dispute between accused No.1 and the de facto complainant. The alleged incident occurred during the subsistence of the marriage between accused No.1 and the de facto complainant. However, the marriage between accused No.1 and respondent No.2 was mutually dissolved in the year 2016. Accused No.1 had filed a petition for the dissolution of the marriage on the grounds of cruelty and voluntary desertion. The petition was allowed by the jurisdictional Family Court, thereby dissolving the marriage between accused No.1 and respondent No.2. However, the same is currently challenged in the Miscellaneous First Appeal. 5. Therefore, the allegation made in the FIR, arising from the marital dispute, has been given a criminal color. Moreover, the essential elements required to constitute an offence against the petitioners are conspicuously absent. 6. In light of the above, the continuation of the criminal proceedings would amount to an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. - 4 - NC: 2025:KHC-D:556 CRL.P No. 100456 of 2018 ii) The impugned proceedings in CC No.1667/2016 pending on the file of the Prl. Civil Judge (Jr.Dn) and JMFC, Mudhol, insofar as it relates to the petitioner – accused Nos.1 to 4 stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE AC Ct:vh List No.: 1 Sl No.: 34