- 1 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 12TH DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 103750 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SAMEER /O MAHMAD HUSEN MULLA, AGE. 38 YEARS, OCC. BUSINESS, R/O. PLOT NO.22, GURUNATH NAGAR, BAVIKATTI LAYOUT, ANAND NAGAR ROAD, OLD HUBBALLI, PIN-580 024. 2. SHAHEEN W/O FAYAZ KHAN, AGE. 45 YEARS, OCC. HOUSEHOLD, R/O. SABRI NAGR, KESHWAPUR, HUBBALLI, PIN-580 023. 3. SHABANA W/O ABDUL SHAIKH, AGE. 40 YEARS, OCC. HOUSEHOLD, R/O. GUDIHAL ROAD, ANAND NAGAR ROAD, OLD HUBBALLI, PIN-580 024. … PETITIONERS (BY SRI. SADIK KANVI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, BY HD CITY WOMEN P.S., RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGHCOURT OF KARNATAKA DHARWAD BENCH DHARWAD - 2 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 TQ. HUBBALLI, DIST. DHARWAD, R/BY THE SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 001. 2. MRS. KAMRUNNISA W/O WASEEM RAZA MULLA, AGE. 35 YEARS, OCC. HOUSEHOLD, R/O. PLOT NO.22, GURNATH NAGAR, BAVIKATTI LAYOUT, ANAND NAGAR ROAD, OLD HUBBALLI, NOW RESIDING AT: MILAT NAGAR, MANTOOR ROAD, HUBBALLI, TQ. HUBBALLI, DIST. DHARWAD-580 024. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. (UNDER SECTION 528 OF BNSS), PRAYING TO QUASH THE IMPUGNED COMPLAINT, FIR REGISTERED IN HD CITY WOMEN PS CRIME NO.18/2023, DATED 16.03.2023, AND THE CHARGE SHEET SUBMITTED, ALONG WITH ALL CONSEQUENTIAL PROCEEDINGS INITIATED AGAINST THE PETITIONERS/ACCUSED NO.2 TO 4, PENDING ON THE FILE OF THE IIIRD ADDL. CIVIL JUDGE AND JMFC, HUBBALLI, IN CC NO.4742/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498(A), 504, 506 R/W SECTION 34 OF IPC, 1860, IN THE INTEREST OF JUSTICE AND EQUITY. THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER IS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) 1. Accused Nos.2 to 4 are before this Court under Section 482 of Cr.P.C, with a prayer to quash the entire proceedings in C.C.No.4742/2023 pending before the Court of III Addl. Civil Judge and JMFC, Hubballi arising out of Crime No.18/2023 registered by Hubballi-Dharwad Women Police Station for the offences punishable under Sections 498A, 504, 506 R/w 34 of IPC. 2. Heard the learned counsel appearing for the parties. 3. Learned counsel for the petitioners submits that even if the entire allegations found in the FIR and charge sheet are presumed to be true no prima-facie case can be made out against the petitioners for the alleged offences. The petitioners are the brother and sisters of accused No.1, who is the husband of the first informant. The petitioners are married and they are residing separately with their family members. Accordingly, he prays to allow the petition. - 4 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 4. Per contra, learned HCGP has opposed the petition. Respondent No.2, who is served in the matter has remained unrepresented before this Court. 5. Material on record would go to show that, marriage of accused No.1 with the first informant was solemnized on 16.05.2010 and from their wedlock they have two children. In the first information it is alleged that accused No.1 was abusing and assaulting the first informant for no reason and was also asking her to bring more money. It is alleged that, on 25.10.2022 at about 9.00 a.m, accused No.1 had assaulted the first informant for the reason that, she had asked him to pay school fees of her children. Insofar as the petitioners, who are arrayed as accused Nos.2 to 4 are concerned omnibus and general allegations are made against them in the first information. Even in the charge sheet filed against accused allegations against accused Nos.2 to 4 are omnibus in nature. Accused No.2 is the younger brother of accused No.1 and accused Nos.3 and 4 are the sisters of accused No.1. Accused Nos.2 to 4 are married and they are all residing separately. - 5 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 6. The Hon'ble Supreme Court in the case of PREETI GUPTA & ANOTHER VS STATE OF JHARKHAND & ANOTHER - (2010)7 SCC 667, has held in paragraphs 32 to 35 as under: "32. It is a matter of common experience that most of these complaints under Section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern. 33. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fiber of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. Majority of the complaints are filed either on their advice or with their concurrence. The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under Section 498A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that - 6 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 social fiber, peace and tranquility of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases. 34. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations. 35. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a Herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection." - 7 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 7. Further, the Hon'ble Supreme Court in the case of TARBEZ KHAN ALIAS GUDDU & OTHERS VS STATE OF UTTAR PRADESH & ANOTHER - (2019)4 SCC 615 and in the case of SEENIVASAN VS THE STATE BY INSPECTOR OF POLICE - (2019)8 SCC 642, has observed that the registration of criminal cases against the near relatives of the husband without there being specific allegations and overt act is bad in law. 8. Under these circumstances, I am of the opinion that it is a fit case wherein this Court needs to exercise its power under Section 482 of Cr.P.C, for the purpose of securing the ends of justice. 9. Accordingly, the following:- ORDER (i) Criminal petition is allowed. (ii) The entire proceedings in C.C.No.4742/2023 pending before the Court of III Addl. Civil Judge and JMFC, Hubballi arising out of Crime No.18/2023 registered by Hubballi-Dharwad Women Police Station for the offences - 8 - HC-KAR NC: 2025:KHC-D:10076 CRL.P No. 103750 of 2024 punishable under Sections 498A, 504, 506 R/w 34 of IPC is quashed as against the petitioners only. Sd/- (S.VISHWAJITH SHETTY) JUDGE NMS CT:BCK