- 1 - NC: 2025:KHC-D:1213 CRL.P No. 103291 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. 103291 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SMT. PARAVVA W/O. BHAHUSHA TELASANG AGE. 59 YEARS, OCC. HOUSEHOLD WORK. 2. SHRI. BHAHUSHA S/O. TAMMANNA TELASANG AGE. 61 YEARS, OCC. AGRICULTURE. 3. SMT. JAYAVVA W/O. GIRAMALLA ADALATTI AGE. 36 YEARS, OCC. HOUSEHOLD WORK, ALL ARE R/O. MAIGUR, TQ. JAMKHANDI, DIST. BAGALKOT-587119. …PETITIONERS (BY SRI. HARISH S. MAIGUR, ADVOCATE) AND: 1. THE STATE OF KARNATAKA (BY JAMKHANDI RURAL P.S. JAMKHANDI), R/BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. SMT. GEETA W/O. SIDDAPPA TELASANG AGE. 27 YEARS, OCC. HOUSEHOLD WORK, R/O. MAIGUR, TQ. JAMKHANDI, DIST. BAGALKOT-587119. …RESPONDENTS (BY SRI. ASHOK T. KATTIMANI, ADDL. GOVT. ADVOCATE FOR R1; SMT. RESHMA MADIWALAR, ADVOCATE FOR SRI. T. HANUMAREDDY, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., SEEKING TO, QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC NO.1531/2021 PENDING ON THE FILE OF PRINCIPAL CIVIL JUDGE AND JMFC, JAMKHANDI, FOR THE OFFENCES PUNISHABLE U/S 498-A, 323, 324, 504, 506 OF IPC, IN SO FAR AS THESE PETITIONERS NO.1 TO 3 (ACCUSED NO.2 TO 4). B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.25 11:20:49 +0530 - 2 - NC: 2025:KHC-D:1213 CRL.P No. 103291 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 The petitioners-accused Nos. 2 to 4 are being prosecuted for offences punishable under Sections 498-A, 323, 324, 504, and 506 of the Indian Penal Code (IPC) and have approached this Court seeking relief. 2. The second respondent filed a complaint alleging that her marriage with accused No.1 was solemnized six years prior to the lodging of the complaint, and from the said wedlock, three children were born. It is alleged that accused No.1 is an alcoholic who frequently subjected her to both mental and physical cruelty. On 17.11.2020, after consuming alcohol, accused No.1 allegedly abused and assaulted the second respondent, causing her bleeding injuries. 3. It is further alleged that accused No.2, the mother-in- law, handed kerosene to accused No.1, instructing him to set the second respondent on fire, and also assaulted her on the back and face. Accused No.3, the father-in-law, allegedly instructed the other accused to throw the second respondent out of the matrimonial home. Additionally, accused No.4, the sister-in-law, who had come to her parental home to celebrate Deepavali, allegedly abused the second respondent and attempted to strangle her. - 3 - NC: 2025:KHC-D:1213 CRL.P No. 103291 of 2022 4. Heard the learned counsel for the petitioners, the learned counsel for the second respondent, and the learned Additional Government Advocate for respondent No.1-State. 5. The specific allegations against accused Nos.2 to 4 relate to an incident on 17.11.2022. There are no allegations or evidence to suggest that accused Nos.2 to 4 continuously or frequently subjected the second respondent to cruelty, either mentally or physically. The statements of the eyewitnesses to the incident on 17.11.2022 have been recorded. According to their statements, they heard screams from the matrimonial home of the second respondent, and upon reaching the house, they witnessed accused No.1 abusing and assaulting the second respondent. However, the eyewitnesses did not corroborate any allegations of accused Nos.2 to 4 continuously subjecting the second respondent to mental or physical cruelty. 6. Except for the self-serving statement of the second respondent, there is no substantive evidence to corroborate the allegation that accused Nos.2 to 4 abused or assaulted the second respondent on 17.11.2022. The specific allegations of abuse and assault are primarily directed against accused No.1, the husband. 7. In view of the above, the continuation of criminal proceedings against accused Nos.2 to 4 would constitute an abuse of the process of law. Accordingly, I pass the following: ORDER i) The petition is allowed. - 4 - NC: 2025:KHC-D:1213 CRL.P No. 103291 of 2022 ii) The impugned proceedings in C.C.No.1531/2021 pending on the file of the learned Principal Civil Judge and JMFC, Jamkhandi, insofar it relates to accused No.2 to 4 is hereby quashed. iii) The Trial Court, to proceed against accused No.1 in accordance with law, without being influenced by any of the observations made in this order. The observation, if any made, is only for the purpose of the present petition. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 43