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2025 DAILYLAW 57274 (KAR)

SMT TEJASWINI H V v. STATE BY KOTE P S

CRL.P/4423/2024 · 2025-08-21

Sachin Shankar Magadum

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Judgment text

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- 1 - HC-KAR NC: 2025:KHC:32539 CRL.P No. 4423 of 2024 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 21ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM CRIMINAL PETITION NO. 4423 OF 2024 BETWEEN: 1. SMT. TEJASWINI .H.V W/O VIKAS .C.V D/O VEERABHADRIAH AGED ABOUT 27 YEARS NO OCCUPATION 2. VEERABHADRAIAH .H.S S/O SHANMUKHAIAH AGED ABOUT 52 YEARS BUSINESS 3. PUSHPA @ PUSHKARNI W/O VEERABHADRAIAH .H.S AGED ABOUT 47 YEARS HOUSEMAKER 4. DARSHAN S/O VEERABHADRAIAH .H.S AGED ABOUT 26 YEARS BUSINESS 5. RUDRESHA S/O H. SHANMUKHAIAH AGED ABOUT 43 YEARS 6. ASHA W/O RUDRESH AGED ABOUT 35 YEARS HOUSE MAKER Digitally signed by AL BHAGYA Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC:32539 CRL.P No. 4423 of 2024 PETITIONERS NO. 5 AND 6 ARE R/O BASAVESHWARA NAGARA MALEBENNUR, HARIHARA TALUK-577530. 7. RATHNA W/O M.V. MAHALBALESHWARAPPA AGED ABOUT 45 YEARS C/O VEERABHADRAIAH .H.S 8. VENKATESHA S/O C. RAJAPPA AGED ABOUT 36 YEARS ENGINEER C/O VEERABHADRAIAH .H.S 9. SHASHANKA S/O PRABHU .E.N AGED ABOUT 26 YEARS C/O VEERABHADRAIAH .H.S PETITIONERS NO. 1 TO 4, 7 TO 9 ARE R/O SRI NILAYA, NEAR SHADI MAHAL N G ROAD, MALEBENNUR HARIHARA TALUK PH NO.83100-71406 PH NO.94498-22413 …PETITIONERS (BY SRI. REVANNA BELLARY, ADVOCATE) AND: 1. STATE BY KOTE PS CHITRADURGA, REP BY ITS PSI THROUGH HIGH COURT STATE, PP-577001 2. SRI. A.R. VIJAY KUMAR S/O B.B. RUDRAPPA AGED ABOUT 58 YEARS - 3 - HC-KAR NC: 2025:KHC:32539 CRL.P No. 4423 of 2024 CLOTH MERCHANT, ADARSH NAGAR CHITRADURGA-577502 PH NO.94484-42393 …RESPONDENTS (BY SRI. M.R. PATIL, HCGP FOR R1; SRI. A.K. SHREEHARSHA, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO QUASH THE FIR IN CR.NO.59/2024 DATED 18.03.2024 OF RESPONDENT NO.1 KOTE P.S., CHITRADURGA FOR THE OFFENCE P/U/S 143, 147, 341, 342, 447, 504, 506, 427, 149 OF IPC OF II ADDITIONAL SENIOR CIVIL JUDGE AND J.M.F.C., CHITRADURGA. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE SACHIN SHANKAR MAGADUM ORAL ORDER Respondent No.2-father-in-law of accused No.1 has lodged a complaint against accused No.1 as well as her family members for the offence punishable under Sections 143, 147, 341, 342, 447, 504, 506, 427 and 149 of IPC on the file of the II Additional Senior Civil Judge and JMFC Court, Chitradurga. 2. Based on the complaint lodged by respondent No.2, the present petitioners, who are arrayed as accused - 4 - HC-KAR NC: 2025:KHC:32539 CRL.P No. 4423 of 2024 Nos.2 to 9 and are the close relatives of accused No.1, have also been implicated in the alleged offences. The case of the prosecution is that on 18.03.2024, despite the petitioners seeking police protection, they allegedly assaulted respondent No.2 and his family members. On the basis of these allegations, a complaint came to be lodged and consequently, a case in Crime No.59/2024 was registered against them. 3. It is relevant to note that in respect of the very same incident, another complaint was earlier registered in Crime No.32/2024. In those proceedings, accused No.1 – wife of respondent No.2’s son has today withdrawn all allegations made against the family members of her husband. Likewise, in the present case, respondent No.2 – father-in-law of accused No.1, in view of the quashing of proceedings in Crime No.32/2024, has also withdrawn all allegations insofar as they concern petitioner Nos.2 to 9. Thus, what now survives is only the dispute between the husband, wife and immediate in-laws, while the allegations - 5 - HC-KAR NC: 2025:KHC:32539 CRL.P No. 4423 of 2024 against the extended family members i.e., petitioner Nos.2 to 9, no longer remain. 4. In light of this development, this Court is of the considered view that continuation of criminal proceedings against petitioner Nos.2 to 9 would amount to an abuse of process of law. Since the complainant himself has withdrawn all allegations against them, no purpose would be served in permitting the prosecution to proceed as against them. Accordingly, the petition is allowed in part. The proceedings in Crime No.59/2024 dated 18.03.2024 registered by Kote Police Station, Chitradurga for the offences punishable under Sections 143, 147, 341, 342, 447, 504, 506, 427 and 249 IPC pending on the file of the II Additional Senior Civil Judge and JMFC Court, Chitradurga, are hereby quashed insofar as petitioner Nos.2 to 9 are concerned. The proceedings, - 6 - HC-KAR NC: 2025:KHC:32539 CRL.P No. 4423 of 2024 however, shall continue as against accused No.1 and other persons against whom the allegations are still subsisting. SD/- (SACHIN SHANKAR MAGADUM) JUDGE NBM List No.: 1