- 1 - NC: 2025:KHC-D:64 CRL.P No. 103274 of 2022 C/W CRL.P No. 103272 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103274 OF 2022 (482(CR.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 103272 OF 2022 IN CRL.P. NO. 103274 OF 2022: BETWEEN: SMT. VEENA D/O BOMMAYA HARIKANTRA, AGE: 31 YEARS, OCC: HOUSEWIFE, R/O: DEVARABHAVI, TORKE, KUMTA, DIST: UTTARA KANNADA-581 333. … PETITIONER (BY SRI. SHUBHENDU A. AKALWADI, ADVOCATE) AND: 1. SMT. VASANTI S/O KAMALAKAR SHET, AGE: 56 YEARS, OCC: HOUSEHOLD, R/O: SONARKERI, HIREGUTTI, KUMTA, DIST: U.K.-581 333. 2. THE STATE OF KARNATAKA, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. … RESPONDENTS (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE FOR R1; SRI. PRAVEENA P. DEVAREDDIYAVARA, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC., PRAYING TO CALL FOR THE RECORDS IN C.C.NO.1092/2022 (P.C. NO.412/2021) FROM ADDL. CIVIL JUDGE AND J.M.F.C., KUMTA, AND QUASH THE CRIMINAL PROCEEDINGS AGAINST ASHPAK KASHIMSA MALAGALADINNI Digitally signed by ASHPAK KASHIMSA MALAGALADINNI Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.09 12:51:13 +0530 - 2 - NC: 2025:KHC-D:64 CRL.P No. 103274 of 2022 C/W CRL.P No. 103272 of 2022 THE PETITIONER/ACCUSED NO. 02 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT KUMTA UNDER C.C. NO.1092/2022 (PC NO.412/2021) AND QUASH THE ORDER OF TAKING COGNIZANCE DATED 29.06.2022 AND ISSUANCE OF PROCESS FOR THE OFFENSE PUNISHABLE U/S 494, 420, 506 OF I.P.C. PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, KUMTA, IN THE INTEREST OF JUSTICE AND EQUITY. IN CRL.P. NO. 103272 OF 2022: BETWEEN: KAMALAKAR SHET S/O VASUDEV SHET, AGE: 59 YEARS, OCC: ATTENDER, R/O: SONARKERI, POST: HIREGUTTI, TQ: HIREGUTTI, KUMTA, U.K.-581 333. … PETITIONER (BY SRI. HARSHAWARADHAN M. PATIL, ADVOCATE) AND: 1. SMT. VASANTI S/O KAMALAKAR SHET, AGE: 56 YEARS, OCC: HOUSEHOLD, R/O: SONARKERI, HIREGUTTI, KUMTA, DIST: U.K.-581 333. 2. THE STATE OF KARNATAKA, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH, AT: DHARWAD-580 011. … RESPONDENTS (BY SRI. PRAVEEN P. TARIKAR, ADVOCATE FOR R1; SRI. PRAVEENA P. DEVAREDDIYAVARA, HCGP FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.PC., PRAYING TO CALL FOR THE RECORDS IN C.C.NO.1092/2022 (P.C. NO.412/2021) FROM ADDL. CIVIL JUDGE AND J.M.F.C., KUMTA, AND QUASH THE CRIMINAL PROCEEDINGS AGAINST THE PETITIONER/ACCUSED NO. 01 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT KUMTA UNDER C.C. - 3 - NC: 2025:KHC-D:64 CRL.P No. 103274 of 2022 C/W CRL.P No. 103272 of 2022 NO.1092/2022 (PC NO.412/2021) AND QUASH THE ORDER OF TAKING COGNIZANCE DATED 29.06.2022 AND ISSUANCE OF PROCESS FOR THE OFFENSE PUNISHABLE U/S 494, 420, 506 OF I.P.C. PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC COURT, KUMTA, IN THE INTEREST OF JUSTICE AND EQUITY. THESE PETITIONS ARE COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON’BLE MR JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioners are challenging the order of the learned Magistrate taking cognizance of offences punishable under Sections 494, 420, and 506 of the Indian Penal Code (IPC). 2. Respondent No.2/complainant has alleged that accused No.1, during the subsistence of their marriage, contracted a second marriage with accused No.2. 3. Learned counsel for the petitioners has filed a memo enclosing a copy of the judgment passed by the learned Senior Civil Judge and Principal JMFC, Kumta, in MC No.8/2024, wherein the marriage between the complainant and accused No.1 has been dissolved by mutual consent as per the terms of the settlement. The complainant has further agreed to withdraw all allegations against the accused/petitioners herein. The petitioners, therefore, seek to quash the impugned proceedings. 4. The memo is placed on record. - 4 - NC: 2025:KHC-D:64 CRL.P No. 103274 of 2022 C/W CRL.P No. 103272 of 2022 5. In view of the above and considering that there is no material to establish that accused No.1 contracted a second marriage during the subsistence of his marriage with the complainant, the cognizance taken by the learned Magistrate is impermissible in law. 6. Accordingly, the continuation of criminal proceedings against the petitioners would amount to an abuse of the process of law. 7. Accordingly, the petitions are allowed. The impugned proceedings in CC No.1092/2022 pending on the file of learned Addl. Civil Judge and JMFC, Kumta, insofar it relates to the petitioners, are quashed. 8. The Bank concerned to defreeze the bank account of the petitioners herein forthwith. Pending applications, if any, are disposed off as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE JTR CT:BCK LIST NO.: 1 SL NO.: 43