- 1 - HC-KAR NC: 2025:KHC-D:10749 CRL.P No. 101651 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY CRIMINAL PETITION NO. 101651 OF 2024 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SHRI GIRISH S/O SUBHASCHANDRA GOUDAR, AGE. 56 YEARS, OCC. FARMER, R/O. AMBIKA COLONY, TQ. SIRSI, DIST. UTTAR KANNADA. 2. SHRI SUBASCHANDRA S/O BASAPPA GOUDAR, AGE. 78 YEARS, OCC. FARMER R/O. HARE HULEKAL, TQ. SIRSI, DIST. UTTAR KANNADA. 3. SHRI DINESH S/O SUBHASCHANDRA GOUDAR, AGE. 56 YEARS, OCC. FARMER R/O.HARE HULEKAL, TQ. SIRSI, DIST. UTTAR KANNADA. … PETITIONERS (BY SRI. MAHESH WODEYAR, ADVOCATE) RAKESH S HARIHAR Digitally signed by RAKESH S HARIHAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH - 2 - HC-KAR NC: 2025:KHC-D:10749 CRL.P No. 101651 of 2024 AND: 1. THE STATE OF KARNATAKA, THROUGH SIRSI NEW MARKET POLICE STATION, SIRSI, UTTARA KANNADA, REP. BY ITS ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, DHARWAD-580 011. 2. SMT. GOURI W/O GIRISH GOUDAR, AGE. 42 YEARS, OCC. FARMER R/O. HARE HULEKAL, TQ. SIRSI-581 402 DIST. UTTAR KANNADA. … RESPONDENTS (BY SMT. GIRIJA S. HIREMATH, HCGP FOR R1; SRI. SHIVASAI M. PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE CHARGE SHEET DATED 01.02.2024 BEARING CRIME NO.105/2023 OF SIRSI NEW MARKET P.S. FOR THE OFFENCE PUNISHABLE UNDER SECTION 498-A R/W 34 OF IPC AND CONSEQUENTLY QUASH THE ENTIRE PROCEEDINGS IN CC NO.494/2024 PENDING ON THE FILE OF I ADDL. JMFC SIRSI FOR THE OFFENCES PUNISHABLE UNDER SECTION 498A, R/W 34 OF IPC SO FAR PETITIONERS/A1 TO A3 ARE CONCERNED, 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:10749 CRL.P No. 101651 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.VISHWAJITH SHETTY) Accused Nos.1 to 3 are before this Court under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings in CC No.494/2024 pending before the Court of I Additional JMFC, Sirsi, arising out of Crime No.105/2023 registered by Sirsi New Market Police Station, for the offences punishable under Sections 498A r/w 34 of Indian Penal Code. 2. Heard the learned counsel for the parties. 3. Learned counsel for the petitioners submits that relationship between the husband and wife has been strained by making false allegations even the father-in-law and brother-in-law of the first informant are arraigned as accused in the present case. He submits that accused no.1 and his wife are staying separately at Sirsi since the year 2015 and in spite of the same, a false complaint is filed in the year 2023, implicating the in-laws along with accused no.1. He submits that even if the allegations found in the first information and charge sheet are presumed to be - 4 - HC-KAR NC: 2025:KHC-D:10749 CRL.P No. 101651 of 2024 true, no case can be made out for the alleged offences against the petitioners. 4. Per contra, the learned counsel appearing for respondent no.2 who has filed a statement of objection has opposed to the petition. He submits that accused no.1 is in the habit of abusing and assaulting his wife and along with the statement of objection, he has produced the photographs of the victim showing the injuries suffered by her as a result of assault made by accused no.1. Even the medical records of the victim has been produced along with the statement of objection. He accordingly prays to dismiss the petition. 5. Material on record would go to show that accused no.1 and his wife who is the first informant in the present case were residing separately at Sirsi from the year 2015 onwards. It appears that subsequently, relationship between the parties was strained. In respect of the alleged incident that had taken place on - 5 - HC-KAR NC: 2025:KHC-D:10749 CRL.P No. 101651 of 2024 12.10.2023, there is a case and counter case registered by the Sirsi New Market Police Station. Based on the first information submitted by accused no.1, FIR in Cime No.106 of 2023 is registered by Sirsi New Market Police Station, Uttara Kannada District against the first informant for offences punishable under Sections 342, 323, 324, 504 and 506 of IPC. The present proceedings arise out of Crime No.105 of 2023, which is registered by the very same police station, against the first informant in Crime No.106 of 2023 and his father and brother. It appears that the father and brother are not at all residing with accused no.1 and his wife, who is the first informant in the present case and allegations made as against them in the first information submitted by respondent no.2 appears to be omnibus and general in nature. 6. It is trite that criminal proceedings initiated against the relatives of the husband by the wife whose relationship with the husband is strained on the basis of general and omnibus allegations cannot be allowed to - 6 - HC-KAR NC: 2025:KHC-D:10749 CRL.P No. 101651 of 2024 continue. Under the circumstances, I am of the opinion that the impugned criminal proceedings in so far as it relates to accused nos.2 and 3 needs to be quashed. 7. Accordingly, the following: ORDER Criminal petition is partly allowed. The impugned proceedings in CC No.494/2024 pending before the Court of I Additional JMFC, Sirsi, arising out of Crime No.105/2023 registered by Sirsi New Market Police Station, for the offences punishable under Sections 498A r/w 34 of Indian Penal Code is quashed as against petitioner nos.2 and 3 are concerned and it shall continue as against petitioner no.1. Sd/- (S.VISHWAJITH SHETTY) JUDGE VMB CT:BCK LIST NO.: 1 SL NO.: 52