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2025 DAILYLAW 51839 (KAR)

SRI DHAREPPA S/O RAMAPPA NATIKAR v. THE STATE OF KARNATAKA

CRL.P/102417/2024 · 2025-04-22

Shivashankar Amarannavar

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Judgment text

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- 1 - NC: 2025:KHC-D:6729 CRL.P No. 102417 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF APRIL, 2025 BEFORE THE HON'BLE MR. JUSTICE SHIVASHANKAR AMARANNAVAR CRIMINAL PETITION NO.102417 OF 2024 BETWEEN: 1. SRI. DHAREPPA S/O. RAMAPPA NATIKAR, AGED ABOUT 66 YEARS, OCC: AGRICULTURE, R/AT: MUTTUR, JAMAKHANDI TQ, BALGALKOT DIST, 587 119. 2. SMT. KAMALAVVA W/O. DHAREPPA NATIKAR, AGED ABOUT: 66 YEARS, OCC: AGRICULTURE, R/AT: MUTTUR, JAMAKHANDI TQ, BALGALKOT DIST, 587 119. 3. SMT. YAAMANAVVA D/O. SUBHAS TEGGI, AGED ABOUT 35 YEARS, OCC: HOUSEWIFE, R/AT: JAMBAGI, BABALESHWAR, DIST & TQ: VIJAPUR. 4. SMT. SHOBHA W/O. SUBHAS TEGGI, AGED ABOUT 55 YEARS, OCC: HOUSEWIFE, Digitally signed by YASHAVANT NARAYANKAR Location: High Court of Karnataka, Dharwad Bench, Dharwad - 2 - NC: 2025:KHC-D:6729 CRL.P No. 102417 of 2024 R/AT: JAMBAGI, BABALESHWAR, DIST AND TQ: VIJAPUR. …PETITIONERS (BY SRI. YOGESH MANOHAR DESAI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REP. BY BAGALKOTE WOMEN POLICE, BAGALKOTE DISTRICT REPRESENTED BY STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA – 580 011. 2. HEMA NATIKAR W/O. RAMESH NATIKAR, AGE ABOUT 35 YEARS, R/AT GOVINDAPUR GALLI HOUSE, H.NO.429, WARD NO. 22, MUDHOL BAGALKOTE DISTRICT, KARNATAKA – 583 121. …RESPONDENTS (BY SRI. RAMESH B. CHIGARI, AGA FOR R1; SRI. SHIVANAND MALASHETTI, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO ALLOW THIS PETITION AND QUASH THE FIR COMPLAINANT IN CRIME NO.0022/2024 BY THE WOMEN POLICE BAGALKOT/ RESPONDENT POLICE STATION FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 504, 506 READ WITH 149 OF IPC AND WHICH IS PENDING BEFORE THE ADDL. CIVIL JUDGE (JR.DN) AND JMFC COURT AT BAGALKOT, AGAINST THE PETITIONERS/ACCUSED NO.2 TO 5. GRANT SUCH OTHER RELIEF AS THIS HON’BLE COURT DEEMS FIT 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 - 3 - NC: 2025:KHC-D:6729 CRL.P No. 102417 of 2024 ORAL ORDER This petition is filed by petitioners/accused Nos.2 to 5 under Section 482 of Cr.P.C. praying to quash the complaint and FIR in Crime No.22/2024 of Bagalkot Sub- Division Women P.S. registered for offences punishable under Sections 498-A, 504 and 506 r/w Section 149 of IPC. 2. Respondent No.2 has filed a complaint and the same came to be registered in Crime No.22/2024 of Bagalkot Sub-Division Women P.S. against the petitioners for offences punishable under Sections 498-A, 504 and 506 r/w Section 149 of IPC. The said complaint and FIR sought to be quashed in the present petition by accused Nos.2 to 5. 3. The allegation against petitioners- accused Nos.2 to 5 is that the accused No.4 is the second wife of accused No.1 and second marriage has been performed by accused No.2-Dhareppa, accused No.3- Kamalavva and accused No.5-Shobha. The allegations against accused - 4 - NC: 2025:KHC-D:6729 CRL.P No. 102417 of 2024 No.1 is that on 27.02.2024, the complainant came to Jamkhandi Court and when she was returning at 2.00 pm, accused No.1, who is her husband abused her in filthy language and threatened to withdraw the case, gave life threat and told her that he has married another lady and he is having children out of the second marriage. 4. Heard learned counsel for petitioners, learned counsel for respondent No.2 and learned Additional Government Advocate for respondent No.1-State. 5. Learned counsel for petitioners would contend that there is no allegations against the petitioners attracting the offences under Sections 498-A, 504, 506 r/w Section 149 of IPC. He further submits that respondent No.2 has filed false complaint and case registered on the basis of her complaint in CC No.29/2020 has been quashed by a Coordinate Bench of this Court in Crl.No.100457/2021. With this, he prayed for allowing the petition and quashing proceedings against the petitioners. - 5 - NC: 2025:KHC-D:6729 CRL.P No. 102417 of 2024 6. Learned counsel for respondent No.2 and learned Additional Government Advocate would submits that petitioner Nos.1, 2 and 4 have performed the second marriage of accused No.1 with petitioner No.3-accused No.4 and the matter requires investigation. With this, they prayed for dismissal of the petition. 7. Having heard learned counsels, the Court has perused the FIR and complaint and other material placed on record. 8. In the complaint filed by respondent No.2, what is alleged against petitioner Nos.1, 2 and 4 is that they performed the second marriage of accused No.1 with petitioner No.3-accused No.4. The said allegation does not attract offences under Sections 498A, 504 and 506 r/w Section 149 of IPC. Since there is no allegations of committing offences under Sections 498-A, 504 and 506 r/w Section 149 of IPC against petitioners/accused Nos.2 to 5, FIR and complaint registered against them requires to be quashed. - 6 - NC: 2025:KHC-D:6729 CRL.P No. 102417 of 2024 9. In the result, the following: ORDER i. The petition is allowed. ii. The complaint and FIR registered in Crime No.22/2024 of Bagalkot Sub-Division Women P.S. are quashed so far as the petitioners- accused No.2 to 5 are concerned. Sd/- (SHIVASHANKAR AMARANNAVAR) JUDGE VMB CT-ASC List No.: 1 Sl No.: 55