- 1 - HC-KAR NC: 2025:KHC-D:9499 CRL.P No.101937 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 31ST DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV CRIMINAL PETITION NO.101937 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: JYOTI W/O GANESH SHET AGE. 41 YEARS, OCC. HOUSEHOLD, R/O. TARAM KKI ROAD, BEHIND BUS STAND, GOKARN, KUMTA TALUK-581319, UTTAR KANNADA DISTRICT. …PETITIONER (BY SRI. S.P. KANDAGAL, ADVOCATE) AND: 1. SMT. SHWETA W/O SANTOSH MANAKAME AGE. 35 YEARS, OCC. HOUSEHOLD, R/O. AVABHRATA BUILDING, OPP. LIONS VIDYABHAVAN, PRABHAT NAGAR, HONNAVAR-581334, TQ. AND DIST. UTTAR KANNADA. 2. STATE OF KARNATAKA BY PSI HONNAVARA. P.S. TQ. HONNAVAR, UTTAR KANNADA DISTRICT, R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD-580011. …RESPONDENTS (BY SRI. AVINASH BANAKAR, ADVOCATE FOR R1; SRI. V.S. KALASURMATH, AGA FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C.,1973, PRAYING TO PASS AN ORDER QUASHING THE ORDER DATED 24.03.2022 PASSED BY SENIOR CIVIL JUDGE AND JMFC, HONNAVAR IN CC NO.25/2022, TAKING COGNIZANCE OF THE OFFENCE PUNISHABLE UNDER SECTION 498(A), 323, 324, 504, 506 R/W 149 OF IPC AND ISSUING SUMMONS, INSOFAR AS IT PERTAINS TO THE PETITIONER/ACCUSED NO.5 AND ETC. THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.07 12:19:55 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9499 CRL.P No.101937 of 2022 CORAM: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV) The present petition has been filed seeking to set aside the order dated 24.03.2022 passed by the Senior Civil Judge and JMFC, Honnavar, in CC No.25/2022 taking cognizance of the offence punishable under Sections 498-A, 323, 324, 504 and 506 r/w Section 149 of IPC. 2. The facts that are made out are as under; The accused No.1/Santosh had entered into marriage with the complainant. It is submitted that the petitioner herein who is arrayed as accused No.5 was the sister-in-law of the complainant and was residing at Gokarna. After her marriage, as there was strained relationship between the accused and the complainant, it is submitted that the complaint was filed including the petitioner herein only to harass the petitioner. It is further submitted that the complainant also admits that the petitioner was staying at Gokarna. It is the case of the - 3 - HC-KAR NC: 2025:KHC-D:9499 CRL.P No.101937 of 2022 petitioner that arraying of the petitioner is only to harass the petitioner, in light of the matrimonial dispute between the complainant and the accused No.1. It is submitted that it is the abuse of Court process and such litigation ought to be given a quietus. 3. Learned High Court Government Pleader appearing for the State submits that the matter is now at the stage of framing of charge when the petitioner approached this Court and obtained an order of stay. It is further submitted that it would be appropriate to relegate the petitioner to avail the remedy of hearing before charge under Section 228 of Cr.PC. 4. Learned counsel for the petitioner would submit that there is no bar for this Court excising power under Section 482 of Cr.PC at the stage of post charge sheet as well. No doubt, there may not be a bar in exercise of such power. However, noticing that investigation is completed, charge sheet has been filed and the matter before the trial Court is at the stage of - 4 - HC-KAR NC: 2025:KHC-D:9499 CRL.P No.101937 of 2022 hear before charge, the appropriate relief that the petitioner is claiming could be considered before the trial Court as well. 5. Insofar as the contention of the learned counsel for the petitioner that the petitioner would now have to travel to Honnavar from Gokarna, it could be observed that the trial Court may consider grant of exemption upon application being filed till the stage of hear before charge is concluded as the petitioner is at liberty to seek for relief under Section 262 of BNSS. 6. All contentions of the petitioner are kept open and petition is disposed off reserving liberty to the petitioner to seek for appropriate relief under Section 262 of BNSS. It is needless to state that the observations made herein would enure to the benefit of the present petitioner. Sd/- (S.SUNIL DUTT YADAV) JUDGE PJ, CT:VP LIST NO.: 2 SL NO.: 13