- 1 - NC: 2025:KHC-D:2334 CRL.P No. 103548 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 6TH DAY OF FEBRUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 103548 OF 2022 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SMT. NADIYA NISHA DSOUZA, AGE: 33 YEARS, OCC: DOCTOR, R/O: NIRMALA CLINIC COMPOUND, D J ROAD, INDHIRANAGAR, THURVEKERE, TUMAKURU-562 227. 2. SHRI. SHOBITH S/O FAVLLU DSOUZA, AGE: 37 YEARS, OCC: AGRICULTURE, R/O: NIRMALA CLINIC COMPOUND, D J ROAD, INDHIRANAGAR, THURVEKERE, TUMAKURU-562 227. 3. SMT. VICTORIYA FERNANDES AGE: 64 YEARS, OCC: HOUSEHOLD, R/O: NIRMALA CLINIC COMPOUND, D J ROAD, INDHIRANAGAR, THURVEKERE, TUMAKURU-562 227. 4. SHRI BENJAMIN PAUL DSOUZA AGE: 67 YEARS, OCC: AGRICULTURE, R/O: NIRMALA CLINIC COMPOUND, D J ROAD, INDHIRANAGAR, THURVEKERE, TUMAKURU-562 227. 5. SMT. JENNI DSOUZA, AGE: 35 YEARS, OCC: HOUSEHOLD, R/O: NIRMALA CLINIC COMPOUND, D J ROAD, INDHIRANAGAR, THURVEKERE, TUMAKURU-562 227. … PETITIONERS (BY SRI. KINI N.S., ADVOCATE) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.11 15:51:52 +0530 - 2 - NC: 2025:KHC-D:2334 CRL.P No. 103548 of 2022 AND: 1. THE STATE OF KARNATAKA, THROUGH HONNAVAR POLICE STATION, REP. BY ADDL. SPP, DHARWAD, HIGH COURT OF KARNATAKA, BENCH AT DHARWAD-580 011. 2. SMT. FAVLLU FERNANDES @ FLORINE FERNANDES W/O SALVADOR FERNANDES AGE: 67 YEARS, OCC: HOUSEHOLD, R/O: NO.1652/1, NEAR ST. IGNATIOUS HOSPITAL, PRABHATH NAGAR, HONNAVARA, UTTARA KANANDA DISTRICT-581 334. … RESPONDENTS (BY SRI. ASHOK T.KATTIMANI, AGA FOR R1 SRI. AVINASH M. ANGADI AND SMT. ASHWINI SAVADI, ADVOCATES FOR R2) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE CHARGE SHEET NO.145/2021 DATED 09.07.2021 IN C.C. NO.10/2022 (CRIME NO.259/2020 OF HONNAVAR PS) AND CONSEQUENTLY QUASH THE ENTIRE CRIMINAL PROCEEDINGS IN CC.NO.10/2022 ON THE FILE OF THE PRL. CIVIL JUDGE AND JMFC HONNAVAR FOR THE OFFENCE PUNISHABLE UNDER SECTION 143, 147, 323, 448, 354, 504, 506 R/W 149 IPC, IN THE INTEREST OF JUSTICE AND EQUITY, 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/accused Nos.1 to 5, who have been charge-sheeted for the offences punishable under Sections 143, 147, 323, 448, 354, 504, and 506 read with Section 149 of the Indian Penal Code, 1860 (for short, ‘IPC’), have approached this - 3 - NC: 2025:KHC-D:2334 CRL.P No. 103548 of 2022 Court seeking quashing of the criminal proceedings in C.C. No.10/2022, pending before the Principal Civil Judge & JMFC, Honnavar. 2. The prosecution alleges that respondent No.2, the de facto complainant, is the wife of accused No.1. Accused No.2 is her brother-in-law, accused Nos.4 and 5 are her parents-in-law, and accused No.3 is the wife of accused No.2. It is alleged that on 26.10.2020, the accused persons criminally trespassed into the complainant’s house, abused her, assaulted her, and outraged her modesty. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for respondent No.1- State, and the learned counsel for respondent No.2. 4. A perusal of the complaint and charge-sheet materials reveals that, apart from general and omnibus allegations, no specific accusation has been made against each petitioner/accused detailing how and in what manner they assaulted, abused, or outraged the modesty of the de facto complainant. 5. Furthermore, the alleged incident occurred on 26.10.2020, whereas the FIR was lodged on 17.12.2020, with no plausible explanation for the delay. Additionally, the charge-sheet materials do not contain any wound certificate to indicate that the de facto complainant sustained simple injuries due to the alleged assault by the petitioners/accused. - 4 - NC: 2025:KHC-D:2334 CRL.P No. 103548 of 2022 6. In the absence of any specific overt acts attributed to the petitioners/accused and considering that the allegations are vague and general in nature, the continuation of criminal proceedings would amount to an abuse of the process of law. 7. Accordingly, the petition is allowed. The impugned proceedings in C.C. No.10/2022, pending before the Principal Civil Judge & JMFC, Honnavar, insofar as they pertain to the petitioners/accused Nos.1 to 5, are hereby quashed. Pending applications, if any, are disposed of as not surviving for consideration. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK List No.: 1 Sl No.: 48