- 1 - NC: 2025:KHC-D:2190 CRL.P No. 102350 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 4TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102350 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SOMASHEKAR S/O. SHANTAVERAPPA KATAGI AGE. 46 YEARS, OCC. AGRICULTURE. 2. RUDRAMANI S/O. SHANTAVERAPPA KATAGI AGE. 51 YEARS, OCC. AGRICULTURE. 3. SHANTAVERAPPA S/O. DUNDAPPA KATAGI AGE. 76 YEARS, OCC. AGRICULTURE. 4. SMT. KANTAVVA W/O. SHANTAVERAPPA KATAGI AGE. 66 YEARS, OCC. HOUSEHOLD WORK. 5. SMT. KAMALAKSHI W/O. RUDRAMANI KATAGI AGE. 36 YEARS, OCC. HOUSEHOLD WORK. 6. SMT. RENUKA W/O. SOMASHEKAR KATAGI AGE. 31 YEARS, OCC. HOUSEHOLD WORK. 7. SMT. JAYASHRI D/O. MANATAPPA KOLIWADA AGE. 31 YEARS, OCC. HOUSEHOLD WORK, ALL ARE R/AT. PASHUPATIHALL VILLAGE, KUNDGOL-581117. …PETITIONERS (BY SRI. GOURISHANKAR H.MOT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA GUDAGERI POLICE STATION, DIST. DHARWAD, R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: High Court of Karnataka, Dharwad Bench Date: 2025.02.06 11:21:02 +0530 - 2 - NC: 2025:KHC-D:2190 CRL.P No. 102350 of 2022 2. JAYASHREE W/O. SURESH JOVOOR AGE. 36 YEARS, OCC. HOUSEWIFE, R/AT. PASHUPATIHALL VILLAGE, KUNDGOL-581117. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. SRINIVAS NAIK, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE COGNIZANCE DATED 11.05.2022 AND FURTHER PROCEEDINGS AGAINST THE ACCUSED NO.2 TO 8/PETITIONERS AS ATTACHED IN GUDAGERI POLICE STATION CRIME NO.19/2021 AS NOW REGISTERED IN CC NO.546/2022 ON THE FILE OF CIVIL JUDGE AND JMFC, AT KUNDGOL FOR THE OFFENCES PUNISHABLE U/S 143, 147, 323, 341, 109, 504, 506, R/W SECTION 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 Heard the learned counsel for the petitioners and learned Additional Government Advocate for the respondent-State. 2. The petitioners are charge sheeted for the offences punishable under Sections 323, 341, 143, 147, 354, 348, 504, 506 r/w Section 149 of IPC. 3. The 2nd respondent lodged the private complaint under Section 200 of Cr.P.C. on 9.2.2021, stating that, on 4.12.2020, accused No.1, threatened C.W.4, as to why he has come to the place of the incident, and abused and assaulted her with his hands, and on the same date, when the complainant questioned the accused No.4, accused Nos.2 to 8 by forming an unlawful assembly abused the complainant with filthy language, waylaid her - 3 - NC: 2025:KHC-D:2190 CRL.P No. 102350 of 2022 and assaulted her with their hands and threatened with dire consequences. 4. The incident had allegedly taken place on 4.12.2020 and the complaint was filed on 8.2.2021 without offering any plausible explanation for the delay in lodging the complaint, except stating that the Police have not taken any action on the complaint. However, no material is produced along with the complaint to establish that the complainant before lodging the private complaint had approached the Police for taking action against the petitioners. The charge sheet material discloses that except omnibus and general allegations, there are no specific overt acts against each of the accused herein as to how and in what manner each of the accused abused and assaulted her. 5. No wound certificate is produced along with the charge sheet to disclose that due to the assault made by the accused, the complainant and other charge sheet witnesses have sustained simple injuries so as to constitute the commission of the offence under Section 323 of IPC. The private complaint is filed as a counter blast to the FIR lodged by the petitioner-accused No.7 against the respondent No.2 in Crime No.48/2020. 6. In the absence of explanation offered by the second respondent in lodging FIR, it is implied that the FIR lodged by the second respondent is with malice and ulterior motive so as to wreak vengeance against the petitioners-Accused. In such circumstances, the continuation of the criminal proceedings would be an abuse of the process of law. - 4 - NC: 2025:KHC-D:2190 CRL.P No. 102350 of 2022 7. Accordingly, I proceed to pass the following: ORDER a) The petition is allowed. b) The impugned proceedings in CC No.546/2022 on the file of the learned Civil Judge and JMFC, Kundgol, insofar it relates to the petitioners-herein is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:VH List No.: 3 Sl No.: 3