- 1 - HC-KAR NC: 2025:KHC-D:9566 CRL.P No. 101218 of 2020 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 1ST DAY OF AUGUST, 2025 BEFORE THE HON'BLE MR. JUSTICE S.SUNIL DUTT YADAV CRIMINAL PETITION NO.101218 OF 2020 (482(CR.PC)/528(BNSS)) BETWEEN: 1. VEERGANGADHAR S/O SHIVAPUTRAYYA MUCHHANDIMATH AGE: 58 YEARS, OCC: BANK EMPLOYEE, R/O: OPP. TO G.R.B.C. GATE, GOKAK, TQ: GOKAK, DIST: BELAGAVI-591307. 2. DEEPA W/O VEERGANGADHAR MUCHHANDIMATH AGE: 50 YEARS, OCC: HOUSEHOLD, R/O: OPP. TO G.R.B.C. GATE, GOKAK, TQ: GOKAK, DIST: BELAGAVI-591307. …PETITIONERS (BY SRI. KIRANKUMAR CHATTIMATH, ADVOCATE) AND: 1. STATE OF KARNATAKA R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH GOKAK TOWN P.S. 2. SHARADHA D/O SHIVAPUTRAYYA MUCHHANDIMATH, AGE: 67 YEARS, OCC: HOUSEHOLD, R/O: OPP. TO G.R.B.C. GATE, GOKAK, TQ: GOKAK, DIST: BELAGAVI-591307. …RESPONDENTS (BY SRI. V.S. KALASURMATH, AGA FOR R1; SRI. HARISH S. MAIGUR, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C., PRAYING TO QUASH THE PROCEEDINGS IN CC NO.1690/2017 PENDING BEFORE THE PRL. CIVIL JUDGE AND JMFC GOKAK FOR AN OFFENCE PUNISHABLE UNDER SECTION 341, 323, 324, 504, 506 R/W SECTION 34 OF IPC VIDE ANNEXURE-D IN SO FOR AS PETITIONERS HERE ARE CONCERNED AS NULL AND VOID & ETC. VINAYAKA B V Digitally signed by VINAYAKA B V Location: High Court of Karnataka, Dharwad Bench Date: 2025.08.05 10:17:54 +0530 - 2 - HC-KAR NC: 2025:KHC-D:9566 CRL.P No. 101218 of 2020 THIS CRIMINAL PETITION COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: 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 for setting aside of the proceedings in C.C.No.1690/2017 pending on the file of Principal Civil Judge and JMFC., Gokak for the offences punishable under Sections 341, 323, 324, 504, 506 r/w 34 IPC. 2. The brief facts as made out are that the complainant was staying with her parents in the ground floor. It is further submitted that the accused who is the brother of the complainant and his wife were staying on the First floor. 3. It is submitted that there were certain civil disputes pending between the parties. It is in that connection on 14.05.2016 at about 7.30 a.m., when the complainant was cleaning her house, the accused have abused her and threatened her to leave the house and withdraw the case, failing which they would do away with her. - 3 - HC-KAR NC: 2025:KHC-D:9566 CRL.P No. 101218 of 2020 4. It is further submitted that they have assaulted her, pulled her saree and insulted her. It is further submitted that Deepa who is the sister-in-law of the complainant took a stone available at the spot and hit her on her left foot. She pulled the hair of the complainant and assaulted her. In light of the injuries suffered, complaint came to be filed before the respondent-Police and FIR was registered. 5. It is further submitted that at the very first instance, before filing of the charge sheet, the accused had approached this court in Crl.P No.100708/2016 which however came to be rejected. It is further submitted that charge sheet has been filed subsequently for the offences punishable under Sections 341, 323, 324, 504, 506 r/w 34 IPC. 6. Learned counsel for petitioner submits that there are civil disputes pending and in order to harass the petitioner, false case has been filed. It is further submitted that in light of petitioner having made a complaint as regards the incident on 05.05.2016 which was registered as Crime No.84/2016, as a counterblast, the present complaint was filed on 14.05.2016. The further statement of the complainant dated 16.05.2016 - 4 - HC-KAR NC: 2025:KHC-D:9566 CRL.P No. 101218 of 2020 would reveal that the complainant has given up her version of injury caused and accordingly it is submitted that the present proceedings being abuse of process of court, the proceedings are required to be set aside. 7. Learned AGA appearing for the State submits that the case before the trial court is at the stage of evidence of prosecution witnesses and submits that at this stage, interference in exercise of powers under Section 482 is not called for. 8. Learned counsel appearing for the complainant would submit that all contentions raised are matters of evidence before the trial court. That the court having dismissed Crl.P No.100708/2016, the present petition at subsequent stage does not arise in substantially different contentions. 9. Heard both sides. 10. It is necessary to notice at the initial stage that Crl.P No.100708/2016 was filed and has been rejected. 11. Perused the order in Crl.P No.100708/2016, which is a detailed order. The court has noticed that it is always open - 5 - HC-KAR NC: 2025:KHC-D:9566 CRL.P No. 101218 of 2020 for the petitioner to seek for discharge and that other aspects are required to be examined and conclusion in respect of facts and circumstances could be reached only upon drawing conclusion during the trial. 12. As opined by the learned AGA, the matter is at the stage of evidence of prosecution witnesses. The petitioner has not sought recourse for discharge at an appropriate stage. The contentions raised by the petitioner herein regarding the present incident and complaint being a false case in light of the earlier incident in Crime No.84/2016 cannot be accepted at this stage. 13. The incident with respect to Crime No.84/2016 wherein the accused are complainant was an incident of 05.05.2016. The present case arises out of the complaint made relating to the incident that has occurred on 14.05.2016 and there is a gap of about nine days between the two incidents. The further statement of the complainant being statement recorded under Section 161 Cr.P.C., cannot be looked at this stage so as to record a finding that the complaint is a false complaint. All other matters require appreciation of - 6 - HC-KAR NC: 2025:KHC-D:9566 CRL.P No. 101218 of 2020 evidence and accordingly, it would not be appropriate to exercise jurisdiction under Section 482 and intervene in the present proceedings. 14. Accordingly, the petition is rejected. All contentions are kept open. The observations made herein shall not be construed to be finding made on merits of the matter. 15. Learned counsel for the petitioner seeks liberty to file an application for discharge as provided in law. It is open for the petitioner to take recourse to such action as is permissible in law. Sd/- (S.SUNIL DUTT YADAV) JUDGE NP, CT:VP LIST NO.: 2 SL NO.: 3