MARTANADAPPA S/O BASAPPA JAGGALAR v. THE STATE OF KARNATAKA
CRL.P/102411/2023 · 2025-02-20
Hemant Chandangoudar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7129 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7129 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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NC: 2025:KHC-D:3463 CRL.P No. 102411 of 2023
IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 20TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102411 OF 2023 (482(Cr.PC)/528(BNSS))
BETWEEN:
MARTANADAPPA S/O. BASAPPA JAGGALAR AGE. 30 YEARS, OCC. ADVOCATE, R/O. KORADAKERA, TALUK. KUSHTAGI, DIST. KOPPAL-583231. …PETITIONER (BY SRI. SHIVANAND MALASHETTI, ADVOCATE)
AND:
1.
THE STATE OF KARNATAKA REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, THROUGH KUSHTAGI PS, TQ. KUSHTAGI, DIST. KOPPAL-583231.
2.
SMT. PREMA W/O. PRABHAKAR PUDUR AGE. 48 YEARS, OCC. HOUSE HOLD WORK, R/O. B.B.NAGAR, KUSHTAGI, TALUK. KUSHTAGI-583231, DIST. KOPPAL. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1;
SRI. ANAND R.KOLI, ADV. FOR R2)
THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C.
SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS LUNCHED AGAINST THE PETITIONER IN KUSHTAGI PS CRIME NO.128/2023 FOR THE OFFENCE PUNISHABLE U/S 341,354,323, 504 AND 506 OF IPC, PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE (JR.DN) AND JMFC KUSHTAGI KOPPAL DISTRICT.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM:
THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR
Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.28 12:29:51 +0530
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NC: 2025:KHC-D:3463 CRL.P No. 102411 of 2023
ORAL ORDER
1. The petitioner challenges the registration of the FIR for offences punishable under Sections 341, 354, 323, 504, and 506 of the IPC.
2. The second respondent lodged the FIR, stating that the petitioner/accused is her son-in-law and that she had opposed her daughter’s marriage to him because he belongs to a different caste. On 28.06.2023, the accused allegedly came to the second respondent’s house, abused, assaulted, and threatened her with dire consequences.
3. Heard the learned counsel for the petitioner, the learned Additional Government Advocate for the respondent–State, and the learned counsel for the second respondent.
4. The allegation is that the petitioner slapped the second respondent on the face, abused her in filthy language, and threatened her with dire consequences. A similar complaint had been filed earlier by the second respondent against the petitioner/accused; however, the trial court, after conducting the trial, acquitted the petitioner/accused of the offences punishable under Sections 323, 354, 504, and 506 of the IPC, as the second respondent stated that no such incident had taken place.
5. The present complaint has been filed with similar allegations, and the FIR’s allegations stem from the marriage of the second respondent’s daughter to the petitioner/accused, which the second respondent opposed on the grounds of caste differences.
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NC: 2025:KHC-D:3463 CRL.P No. 102411 of 2023
In such circumstances, the continuation of the investigation would be an abuse of the process of law.
ORDER i. Accordingly, petition is allowed. ii. The impugned FIR in Crime No.128/2023 on the file of Prl. Civil Judge (Jr.Dn.) and JMFC, Kushtagi is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE
TIN Ct:vh List No.: 1 Sl No.: 40