- 1 - NC: 2025:KHC-D:1217 CRL.P No. 103335 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 22ND DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103335 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SUBHAS S/O. PIRAJI KALAL, AGE: 56 YEARS, OCC: AGRICULTURE, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. 2. SMT. BHARATI W/O. SUBHAS KALAL, AGE: 49 YEARS, OCC: HOUSEHOLD WORK, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. 3. RAGHAVENDRA S/O. SUBHAS KALAL, AGE: 31 YEARS, OCC: CONTRACTOR, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. 4. MEERA PIRAJI KALAL, AGE: 46 YEARS, OCC: HOUSEHOLD WORK, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. 5. BHARATI PIRAJI KALAL, AGE: 44 YEARS, OCC: HOUSEHOLD WORK, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. 6. SATISH PIRAJI KALAL, AGE: 48 YEARS, OCC: AGRICULTURE, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. … PETITIONERS (BY SRI. SHARAD MALGOUND PATIL, ADVOCATE) Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.28 15:15:57 +0530 - 2 - NC: 2025:KHC-D:1217 CRL.P No. 103335 of 2022 AND: 1. SMT. SARASWATI PRAKASH KALAL, AGE: 50 YEARS, OCC: HOUSEHOLD WORK, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. 2. POOJA PRAKASH KALAL, AGE: 23 YEARS, OCC: HOUSEHOLD WORK, R/O: KALAL ONI MUNDGOD, DIST: UTTAR KANNADA-581 349. … RESPONDENTS (NOTICE TO RESPONDENTS SERVED BUT UNREPRESENTED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO, QUASH THE PROCEEDINGS AGAINST THE PETITIONERS/ACCUSED NO.2 TO 7 IN CRIMINAL MISC.172/2021 PENDING ON THE SENIOR CIVIL JUDGE AND JMFC, SHIGGAON FOR THE OFFENCE PUNISHABLE U/S 12 OF THE DV ACT. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners challenge the proceedings initiated by respondents Nos.1 and 2 under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the “Domestic Violence Act”). Respondent No.1 filed a petition under Section 12 of the Domestic Violence Act, alleging that her husband, along with petitioner No.1 (her husband’s brother) and other petitioners (relatives of her husband), subjected her to cruelty. - 3 - NC: 2025:KHC-D:1217 CRL.P No. 103335 of 2022 2. Respondents Nos.1 and 2, despite being served with notice, did not choose to appear either in person or through counsel. 3. The petitioners are permanent residents of Belagavi, while the matrimonial home of Respondent No.1 and her husband is located in Mundgod, Uttara Kannada District. There is no material on record to substantiate that the petitioners were sharing a common household with respondents Nos.1 and 2. 4. Section 2(a) of the Domestic Violence Act defines an “aggrieved person” as “any woman who is, or has been, in a domestic relationship with the respondent and who alleges to have been subjected to any act of domestic violence by the respondent.” 5. Section 2(s) of the Domestic Violence Act defines a “shared household” as “a household where the person aggrieved lives or, at any stage, has lived in a domestic relationship either singly or along with the respondent.” 6. In the present case, there is no evidence to establish that the petitioners shared a household with respondents Nos.1 and 2. Therefore, respondents Nos.1 and 2 cannot be considered as “aggrieved persons” in relation to the petitioners. Consequently, the initiation and cognizance of proceedings under Section 12 of the Domestic Violence Act, insofar as they pertain to the petitioners, lack legal authority and are unsustainable. 7. Accordingly, I pass the following: - 4 - NC: 2025:KHC-D:1217 CRL.P No. 103335 of 2022 ORDER i) The petition is allowed. ii) The impugned proceedings in Crl.Misc.No.172/2021 pending on the file of the learned Senior Judge and JMFC Shiggaon, insofar it relates to the petitioners is concerned is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 3 Sl No.: 4