- 1 - NC: 2025:KHC-D:710 CRL.P No. 102155 of 2019 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. 102155 OF 2019 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SHRI. ABDULRAUF GOUSSAAB ANGOLKAR AGE: 64 YEARS, OCC: BUSINESS, R/O: # 580, KURBAR GALLI, BELAGAVI-590001. 2. MISS. QAMARTAJ D/O. ABDULRAUF ANGOLKAR AGE: 31 YEARS, OCC: ADVOCATE, R/O : # 580, KURBAR GALLI, BELAGAVI-590001. 3. SHRI. BILAL S/O. ABDULRAUF ANGOLKAR AGE: 28 YEARS, OCC: BUSINESS, R/O: # 580, KURBAR GALLI, BELAGAVI-590001. 4. MRS. NOORUNISA W/O. ABDULMUNAF ANGOLKAR AGE: 53 YEARS, OCC: ADVOCATE, R/O : # 580, KURBAR GALLI, BELAGAVI-590001. …PETITIONERS (BY SRI. RAVIRAJ C.PATIL AND SRI. PRASHANT S.HOSAMANI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA R/BY HCGP, HIGH COURT OF KARNATAKA, DHARWAD BENCH, THROUGH MARKET PS, BELAGAVI-590001. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.21 07:28:41 +0530 - 2 - NC: 2025:KHC-D:710 CRL.P No. 102155 of 2019 2. MRS. HEENAKOUSAR IRSHADAHMED ANGOLKAR AGE: 38 YEARS, OCC: HOUSEWIFE, R/O. RAMNAGAR, VADDARWADI, BELAGAVI-590016. …RESPONDENTS (BY SRI. PRAVEENA Y.DEVAREDDIYAVARA, HCGP FOR R1; SRI. MAHANTESH S.HIREMATH, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC.482 OF CR.P.C., PRAYING TO, QUASHING THE CHARGE SHEET DATED 13/03/2019 FILED BY RESPONDENT NO.1 VIDE ANNEXURE-A IN CRIME NO.195/2018 UNDER SECTION 324 R/W 34 OF IPC, REGISTERED AS CC NO.387/2019, ON THE FILE OF THE JMFC-II, BELAGAVI AND ALL THE FURTHER PROCEEDINGS AGAINST THE PETITIONERS (ACCUSED NO.1 TO 4). THIS PETITION, COMING ON FOR FINAL HEARING, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners, who have been charge-sheeted for the offence punishable under Section 324 read with Section 34 of the Indian Penal Code (IPC), are before this Court. 2. The case of the prosecution is that, on 03.05.2018 at about 2:00 p.m., the accused, in connection with a property dispute, assaulted CW-4 on his head with a stick, and when the complainant came to his rescue, they also assaulted the complainant. - 3 - NC: 2025:KHC-D:710 CRL.P No. 102155 of 2019 3. Learned counsel for the petitioners submits that a civil suit is pending between the parties in O.S. No. 537/2018, filed by petitioner No.1 against the complainant and her family members. In the said suit, an order of temporary injunction is operating against the complainant and her family members. Therefore, the allegations made in the FIR are intended to wreak vengeance, as the dispute between the parties is civil in nature but has been given a criminal facade. 4. Learned Additional Government Advocate (AGA) for respondent No.1-State and learned counsel for respondent No.2- complainant submitted that the allegations in the FIR clearly disclose the commission of the offence alleged against the petitioners. The Wound Certificate establishes that CW-6 sustained injuries due to the assault by the petitioners/accused, and hence they seek dismissal of this petition. 5. The arguments of learned counsel for the parties have been duly considered. On perusal of the first information report and the statements of witnesses, it is noted that all the accused allegedly assaulted CW-6 with a stick on his head. However, there are four accused, and it is highly improbable for all four to have - 4 - NC: 2025:KHC-D:710 CRL.P No. 102155 of 2019 assaulted CW-6 with one stick. There is no specific overt act attributed to any particular accused indicating how and in what manner each assaulted CW-6. 6. The father of petitioner No.1 has filed a suit in O.S. No. 537/2018 against respondent No.2 and others for permanent injunction, and an order of temporary injunction is currently in operation. Initially, the trial court rejected the application for a temporary injunction, but on appeal, the District Court, vide order dated 16.07.2018, granted an order of temporary injunction. The District Court observed that there was no substantial or justifiable material to support how the photographs, allegedly showing the injuries sustained by CW-6, were taken on 03.04.2018. 7. Although the incident is alleged to have occurred on 02.05.2018 or 03.05.2018, the photographs do not align with the injuries sustained by CW-6. Further, the Wound Certificate indicates that the injuries sustained by CW-6 are simple in nature. In the absence of a specific overt act and given that the allegations are omnibus and general, the petitioners cannot be prosecuted. 8. The impugned FIR lodged by respondent No.2 appears to be motivated by malice and lacks probable cause. - 5 - NC: 2025:KHC-D:710 CRL.P No. 102155 of 2019 Therefore, the continuation of the criminal proceedings against the petitioners would amount to an abuse of the process of law. Hence, I pass the following: ORDER (i) Petition is allowed. (ii) The impugned proceeding in Criminal Case No.387/2019 on the file of II-JMFC, Belagavi is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE CKK CT:VH List No.: 1 Sl No.: 40