- 1 - NC: 2025:KHC-D:712 CRL.P No. 101875 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 17TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 101875 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. AZEEZ BEGUM W/O. IRFAN AGE. 54 YEARS, OCC. HOUSEHOLD WORK, R/O. EX SERVICE MEN COLONY, NEAR WATER TANK, COWL BAZAR, BALLARI-583101. 2. GHOUSE S/O. IRFAN AGE. 34 YEARS, OCC. PRIVATE SERVICE, R/O. EX SERVICE MEN COLONY, NEAR WATER TANK, COWL BAZAR, BALLARI-583101. 3. ZAKEER S/O. DAWOOD AGE. 36 YEARS, OCC. PRIVATE SERVICE, R/O. 1ST CROSS LEFT, KAPPAGAL ROAD, BALLARI-583101. 4. VINOD S/O. DHAMAJI AGE. 32 YEARS, R/O. D.NO.204, 1ST CROSS, SHREE KRISHNA NAGAR, SHETTY HALLI, BENGALURU CITY -560001. 5. JEELAN S/O. RAWOOF SAB AGE. 36 YEARS, OCC. PRIVATE SERVICE, R/O. GUNTAKAL TOWN, ANANTAPUR, ANDRA PRADESH-510051. …PETITIONERS (BY SRI. B.S.SANGATI, ADVOCATE; SRI. ARAVIND H., ADVOCATE FOR PETITIONER NO.4) AND: 1. THE STATE OF KARNATAKA BY SUB-INSPECTOR OF POLICE Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 09:48:55 +0530 - 2 - NC: 2025:KHC-D:712 CRL.P No. 101875 of 2022 COWLBAZAR PS, BALLARI, REP BY SPP HIGH COURT BUILDING, DHARWAD. 2. IRFAN S/O. ALLAH BAKAASHI AGE. 52 YEARS, OCC. MECHANIC, R/O. SINDANOORU ADONI ROAD, NEAR POLICE STATION, SIRGUPPA, BALLARI-583121. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, ADDL. GOVT. ADV. FOR R1; NOTICE TO R2 IS SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN CC NO.101/2020 PENDING ON THE FILE OF 2ND ADDITIONAL CIVIL JUDGE (JR.DN) AND JMFC, BALLARI, AGAINST THE PRESENT PETITIONERS/ACCUSED NO.1 TO 5 FOR THE ALLEGED OFFENCE PUNISHABLE U/S 323, 324, 504, 506, 149 OF IPC. THIS PETITION, COMING ON FOR ADMISSION, 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 323, 324, 504, 506 read with Section 149 of the Indian Penal Code (IPC). 2. The case of the prosecution is that on 11.04.2018, at about 7:30 p.m., accused No.2 took the complainant to a hotel under the pretext of speaking with him. Accused Nos.1 to 5, with a common intention, were waiting outside the hotel for the complainant. When the complainant came out of the hotel, accused No.2 abused him in filthy language and assaulted him with a stick. Accused Nos.1, 3, 4, and 5 caught hold of him tightly. Upon seeing CWs.4 to 7, the accused fled from the spot after giving him life threats. - 3 - NC: 2025:KHC-D:712 CRL.P No. 101875 of 2022 3. The defacto complainant, though notice was served, has not chosen to appear either in person or through his counsel, and is placed ex parte. 4. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent No.1 – State. 5. Accused No.1 is the wife of the defacto complainant. Accused No.2 is the son of the defacto complainant. Accused No.3 is the nephew of accused No.1, and accused No.4 is the friend of accused No.3. 7. The wound certificate indicated that the defacto complainant was examined by the Vijayanagar Institute of Medical Sciences, Bellary, on 11.09.2018, and it was found that he had a cut lacerated wound on the inner side of his lower lip, and the injury was reported to be simple in nature. However, the alleged incident took place on 11.04.2018, which clearly establishes that the wound certificate was obtained fraudulently, likely for the purpose of implicating the petitioners with malice and without probable cause. The alleged incident occurred on 11.04.2018, but the private complaint was filed only on 25.05.2018, without offering any plausible explanation for the delay. 8. The Hon'ble Supreme Court in the case of State of A.P. v. M. Madhusudhan Rao reported in (2008) 15 SCC 582 has held as follows: “30. Time and again, the object and importance of prompt lodging of the first information report has been highlighted. - 4 - NC: 2025:KHC-D:712 CRL.P No. 101875 of 2022 Delay in lodging the first information report, more often than not, results in embellishment and exaggeration, which is a creature of an afterthought. A delayed report not only gets bereft of the advantage of spontaneity, the danger of the introduction of a coloured version, an exaggerated account of the incident or a concocted story as a result of deliberations and consultations, also creeps in, casting a serious doubt on its veracity. Therefore, it is essential that the delay in lodging the report should be satisfactorily explained.” 9. The private complaint, having been lodged more than one month after the alleged incident without offering any plausible explanation, suggests that the complaint was filed by respondent No.2 with the intent to wreak vengeance against the petitioners. 10. The dispute between accused No.1 and the defacto complainant arises out of a marital conflict, but has been given a criminal color. Therefore, 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. ii) The impugned proceedings in CC No.101/2020 pending on the file of the learned II Additional Civil Judge (Jr.Dn.) and JMFC, Ballari is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 42