- 1 - NC: 2025:KHC:7255 CRL.P No. 5154 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 17TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5154 OF 2024 (482(Cr.PC) / 528(BNSS) BETWEEN: 1. NAGARATHNAMMA W/O. NIJALINGAPPA, AGED ABOUT 60 YEARS, HOUSE WIFE, R/AT IYYANAHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. 2. BASAVARAJU. N S/O. NIJALINGAPPA, AGED ABOUT 40 YEARS, OCC: FARMER, R/AT IYYANAHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. 3. CHANDRAKALA. B W/O. BASAVARAJAPPA. B, AGED ABOUT 33 YEARS, OCC HOUSE WIFE, R/AT BHANUVALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT-577 516. 4. BASAVARAJAPPA. B S/O. BASAVARAJAPPA, AGED ABOUT 44 YEARS, OCC FARMER, R/AT BHANUVALLI VILLAGE, HARIHARA TALUK, DAVANAGERE DISTRICT-577 516. 5. GANGAMMA @ MAMATHA W/O. MALLIKARJUNA. N. R., AGED ABOUT 41 YEARS, HOUSE WIFE, Digitally signed by LEELAVATHI S R Location: High Court of Karnataka - 2 - NC: 2025:KHC:7255 CRL.P No. 5154 of 2024 R/AT BHEEMA SAMUDRA ROAD, SIDDAPURA, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. 6. MALLIKARJUNA. N. R. S/O. RAJANNA. N. M., AGED ABOUT 49 YEARS, OCC FARMER, R/AT BHEEMA SAMUDRA ROAD, SIDDAPURA, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. …PETITIONERS (BY SRI. S G RAJENDRA REDDY.,ADVOCATE) AND: 1. STATE OF KARNATAKA BY WOMEN POLICE STATION, SHIVAMOGGA, BY STATE PUBLIC PROSECUTOR, HIGH COURT BUILDINGS, BENGALURU-560 001. 2. SMT. SHARAVATHI W/O. MALLIKARJUNA. N, AGED ABOUT 35 YEARS, HOUSEWIFE, R/AT AINAHALLI VILLAGE, CHALLAKERE TALUK, CHITRADURGA DISTRICT-577 522. …RESPONDENTS (BY SMT. RASHMI JADHAV, ADDL. SPP FOR R-1 SRI. R. SATISH CHANDRA, ADVOCATE FOR R-2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING THAT TO QUASH THE ENTIRE PROCEEDINGS IN C.C.NO.497/2024 PENDING ON THE FILE OF J.M.F.C.-II COURT, SHIVAMOGGA REGISTERED FOR THE OFFENCE P/U/S 498A, 504, 323, 506, 114, 34 OF IPC AND SEC. 3 AND 4 OF D.P. ACT THIS PETITION, COMING ON FOR ADMISSION THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC:7255 CRL.P No. 5154 of 2024 CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR ORAL ORDER In this petition, petitioners seek for the following reliefs:- “ Wherefore the petitioners most respectfully pray that this Hon’ble Court kindly allow this Criminal Petition and quash the entire proceedings in C.C.No.497/2024 pending on the file of JMFC-II Court, Shivamogga, registered for the offences punishable U/Sec. 498(A), 504, 323, 506, 114, 34 of IPC and U/Sec. 3 & 4 of D.P.Act, in the interest of justice.” 2. Heard learned counsel for the petitioners and learned Addl.SPP for 1st respondent as well as learned counsel for 2nd respondent and perused the material on record. 3. A perusal of the material on record will indicate that the 2nd respondent – complainant is the wife of one Mallikarjun – accused No.1, while petitioner No.1-accused No.2 is the mother and petitioner Nos. 2 to 6 – accused Nos.3 to 7 are the brothers and sisters of accused No.1. On 30.07.2023, the 2nd respondent filed the instant complaint registered in Crime No.86/2023, pursuant to which, charge sheet was filed against the petitioners and accused No.1 for offences punishable under Sections 498-A, - 4 - NC: 2025:KHC:7255 CRL.P No. 5154 of 2024 504, 323, 506, 114 r/w 34 of IPC and under Sections 3 and 4 of the D.P.Act. 4. A perusal of the impugned complaint, FIR, Charge sheet, statement of witnesses and documents etc., are sufficient to come to the conclusion that the aforesaid offences punishable under Sections 498-A, 504, 323, 506, 114 r/w 34 of IPC and under Sections 3 and 4 of the D.P.Act insofar as the petitioners are concerned are conspicuously absent and continuation of the impugned proceedings is contrary to the principles laid down by the Apex court in the cases of Kahkashan Kausar @ Sonam & others vs. State of Bihar - 2022 SCC OnLine SC 162 and Digambar and Anr. Vs. State of Maharastra – 2024 INSC 1019. In fact, in the complaint except making mere bald, vague and omnibus allegations only against her husband, no specific allegations or material particulars are forthcoming in the impugned complaint against the petitioners, which tantamounts to abuse of process of law warranting interference by this Court in the present petition. - 5 - NC: 2025:KHC:7255 CRL.P No. 5154 of 2024 5. In the result, I pass the following:- ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.497/2024 arising out of Crime No.86/2023 registered by the 1st respondent – Police pending on the file of JMFC-II Court, Shivamogga, insofar as the petitioners are concerned, are hereby quashed. (iii) It is made clear that the trial court shall proceed in the matter as against accused No.1 and dispose of the proceedings in accordance with law. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl. List No.: 2 Sl No.: 31