- 1 - NC: 2025:KHC-D:600 CRL.P No. 103244 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 15TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103244 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: SHIVAYOGI S/O. SATAVEERAPPA ANGADI AGE. 49 YEARS, OCC. ADVOCATE, R/O. F-2, VENKATADRI HIGHTS, KALAGHATAGI ROAD, DHARWAD-580 002. …PETITIONER (BY SRI. ARUN L.NEELOPANT, SMT. KAVITA S.JADHAV AND SRI.N.B.JODALLI, ADVOCATES) AND: 1. THE STATE OF KARNATAKA REP. BY SPP THROUGH VIDYAGIRI POLICE STATION, DHARWAD, REP. BY ITS CPI, DHARWAD, VIDYAGIRI POLICE STATION, DHARWAD-580011. 2. IRAMMA W/O. VEERAYYA ANIMATH AGE: 63 YEARS, OCC: RETIRED PERSON, R/O. SANGOLLIRAYANNANAGAR, LAST BUS STOP, DHARWAD-580002. …RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, ADDL. GOVT. ADV. FOR R1; SRI. KOTRESH V.HUBBALLI, ADV. FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO QUASH THE COMPLAINT AND FIR AS AGAINST THE PETITIONER/ACCUSED NO.1 IN DHARWAD VIDYAGIRI P.S. CRIME NO.168/2021 ON THE FILE OF 3RD ADDITIONAL SENIOR CIVIL JUDGE AND CJM COURT, DHARWAD, REGISTERED BY THE RESPONDENT POLICE AS PER ANNEXURE-A AND B FOR THE OFFENCES U/S 506, 504, 384, 307, 354, 323 R/W 34 OF IPC, WHICH IS NUMBERED AS CC NO.3838/2022. B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.17 16:32:48 +0530 - 2 - NC: 2025:KHC-D:600 CRL.P No. 103244 of 2022 THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER 1. The petitioner challenges the registration of the FIR alleging offences under Sections 506, 34, 504, 384, 307, 323, and 354 of the Indian Penal Code (IPC). 2. The prosecution alleges that the husband of the complainant borrowed a sum of ₹50,000 from the accused to purchase land bearing Sy.No.9/3, measuring 22 guntas, located in Kanavi Honnapura village. It is further alleged that the accused collected interest from the complainant and subsequently threatened the complainant to either repay the loan amount with interest or convey the property in favor of the accused. Additionally, it is alleged that the accused issued threats to the complainant, including threats to her life. 3. The learned counsel for the petitioner submitted the following: • The alleged incident of threatening the complainant and her husband is said to have occurred on 15.09.2021, whereas the FIR was registered only on 13.10.2021, i.e., after a delay of 28 days. No plausible explanation has been offered for this delay. • The FIR appears to have been lodged only after the accused issued a notice to the complainant’s son, requiring him to execute a sale deed in compliance with a sale agreement dated 25.01.2021. - 3 - NC: 2025:KHC-D:600 CRL.P No. 103244 of 2022 • The delay in lodging the FIR and its timing indicate an attempt by the complainant to thwart the petitioner’s legal actions against her son rather than a genuine complaint regarding criminal actions. 4. The learned Additional Government Advocate representing the State contended as follows: • The allegations in the FIR and supporting material in the charge sheet clearly disclose the commission of offences by the petitioner. • The veracity of the allegations and evidence can only be assessed during the trial, and as such, this stage is premature for quashing the FIR. 5. Upon careful consideration of the submissions and the material on record, the following observations emerge: The alleged incident took place on 15.09.2021, yet the FIR was registered only on 13.10.2021, after a significant delay of 28 days. The timing of the FIR, coming shortly after the petitioner issued a legal notice to the complainant’s son for executing the sale deed, raises doubts about its bona fides. 6. The petitioner produced medical records from Spandana Hospital, Dharwad, which show that the petitioner’s son was admitted to the hospital from 15.09.2021 to 17.09.2021 for treatment of fever. However, no medical evidence, such as a wound certificate, has been submitted to substantiate the claim that the complainant or her family members sustained injuries due to the alleged assault by the petitioner. - 4 - NC: 2025:KHC-D:600 CRL.P No. 103244 of 2022 7. In the statements recorded under Section 161 of the Criminal Procedure Code (CrPC), the complainant has not alleged any act by the petitioner that could amount to outraging her modesty, as required to constitute an offence under Section 354 of IPC. 8. To establish offences under Sections 504 and 506 of IPC, it must be demonstrated that the accused’s actions amounted to intentional insult and criminal intimidation of such a nature as to incite the complainant to commit an offence. However, the material on record does not disclose such intentional insult or intimidation. 9. The facts reveal that the dispute primarily arises out of a contractual transaction between the parties, specifically concerning the loan and subsequent sale agreement. It appears that the complainant has attempted to give this civil dispute a criminal color to obstruct the petitioner’s legal actions against the complainant’s son. 10. The delayed registration of the FIR, coupled with the absence of supporting evidence for the alleged offences, points to an abuse of the criminal justice system. Permitting the continuation of the criminal proceedings in the present circumstances would amount to a misuse of legal processes. 11. In light of the above observations, it is evident that the criminal proceedings initiated against the petitioner are devoid of merit and appear to be motivated by ulterior purposes. - 5 - NC: 2025:KHC-D:600 CRL.P No. 103244 of 2022 Consequently, the continuation of such proceedings would be an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. ii) The impugned proceedings in CC No.3838/2022 pending on the file of the learned III Additional Senior Civil Judge and CJM Court, Dharwad insofar as it relates to the petitioner - accused No.1 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 40