- 1 - NC: 2025:KHC-D:1867 CRL.P No. 102531 of 2022 C/W CRL.P No. 104308 of 2022 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 30TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102531 OF 2022 (482(Cr.PC)/528(BNSS)) C/W CRIMINAL PETITION NO. 104308 OF 2022 IN CRL.P. NO. 102531 OF 2022: BETWEEN: SHRI. NADEEM S/O. SAHEBAJAN BAHADDUR AGE. 26 YEARS, OCC. BUSINESS, R/O. # 94, SANTOSH NAGAR, NEAR MADHURA PARK, VIDYANAGAR, HUBBALLI-580032, DIST. DHARWAD. …PETITIONER (BY SRI. SAJID I. GOODWALA, ADVOCATE) AND: 1. THE STATE OF KARNATAKA THROUGH DANDELI TOWN POLICE STATION, NOW R/BY SPP, HIGH COURT OF KARNATAKA, DHARWAD BENCH AT DHARWAD-580001. 2. FIRDOUS AFZAL SHAIKH AGE. 29 YEARS, OCC. QUALITY ANALYST, R/O. LIG1,H.N.46, GANESH NAGAR, DANDELI, DIST. UTTARA KANNADA-581325. …RESPONDENTS (BY SRI. T. HANUMAREDDY, AGA FOR R1; SRI. GIRISH V. BHAT, ADVOCATE FOR R2) THIS CRIMINAL PETITION U/SEC. 482 OF CR.P.C. SEEKING TO, QUASH THE ENTIRE PROCEEDINGS IN C.C.NO. 1035/2022 PENDING OF THE FILE OF CIVIL JUDGE AND JMFC COURT DANDELI REGISTERED FOR THE OFFENCE PUNISHABLE U/SEC. 323, 354, 504 OF IPC RELATING TO FIR CRIME NO.111/2021 DATED 26.12.2021 REGISTERED BY DANDELI TOWN P.S. WITH RESPECT TO THE PETITIONER. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.02.05 12:54:36 +0530 - 2 - NC: 2025:KHC-D:1867 CRL.P No. 102531 of 2022 C/W CRL.P No. 104308 of 2022 IN CRL.P. NO.104308 OF 2022: BETWEEN: 1. FIRDOUS D/O. AFJAL SHAIKH AGE. 29 YEARS, OCC. EMPLOYEE IN PRIVATE SECTOR, R/O. GANESH NAGAR, DANDELI, DIST. UTTARA KANNADA. 2. SHAHIDA D/O. AFJAL SHAIKH AGE. 30 YEARS, OCC. HOUSE HOLD WORK, R/O. GANESH NAGAR, DANDELI, DIST. UTTARA KANNADA. …PETITIONERS (BY SRI. GIRISH V.BHAT, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY DANDELI TOWN POLICE, R/BY ADDL. STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-580011. 2. NADEEM S/O. SAHEBJAAN BAHADUR AGE. 26 YEARS, OCC. SERVICE IN PRIVATE, R/O. H.NO.94, MADHURA PARK, NEAR J.K.COLLEGE, BESIDE SANTOSH NAGAR, HUBBALLI-580032. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; SRI. SAJID I.GOODWALA, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO ADMIT THE PETITION, CALL FOR RECORDS AND QUASH THE IMPUGNED COMPLAINT VIDE ANNEXURE-A, IMPUGNED ORDER DIRECTING THE SHO TO REGISTER THE COMPLAINT VIDE ANNEXURE-B, FIR AND THE CHARGE SHEET VIDE ANNEXURE-E AND F FOR THE ALLEGED OFFENCES UNDER SEC. 323 AND 504 R/W 34 OF IPC AND ALL FURTHER PROCEEDINGS PURSUANT TO IT IN C.C.NO. 1037/2022 PENDING ON THE FILE OF CIVIL JUDGE AND JMFC COURT, DANDELI. THESE PETITIONS, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:1867 CRL.P No. 102531 of 2022 C/W CRL.P No. 104308 of 2022 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER Since these petitions arise out of a case and counter-case, they are taken up together, heard, and disposed of by a common order. In Crl.P.No.102531/2022: 2. The petitioner, who has been charge-sheeted for the offenses punishable under Sections 354(6), 323, and 504 of the IPC, is before this Court. 3. The prosecution’s case is that on 25.12.2021, when the complainant attended a pre-wedding function, a quarrel occurred between the complainant’s cousin and the petitioner. Subsequently, the petitioner picked up a utensil to strike another cousin of the complainant. When the complainant attempted to pacify the quarrel, the petitioner pushed the complainant towards the wall, causing him to sustain simple injuries. In Crl.P.No.104308/2022: 4. The petitioners, who have been charge-sheeted for the offenses punishable under Sections 323, 504, read with Section 34 of the IPC, are before this Court. 5. The prosecution’s case is that on 25.12.2021, during the pre-wedding function, the bride’s brother, Touqir, arrived in a drunken state and increased the volume of the music system. The father of the bride advised him to reduce the volume since it was - 4 - NC: 2025:KHC-D:1867 CRL.P No. 102531 of 2022 C/W CRL.P No. 104308 of 2022 late at night and the neighbors were sleeping. However, Touqir ignored his father’s advice, raised the volume further, and abused him with foul language. The petitioners-accused, in support of Touqir, shouted at the complainant. At this point, Touqir went inside the kitchen and returned with a knife, threatening anyone who interfered in his matter with dire consequences. The second respondent and others managed to apprehend Touqir and took the knife from him. 6. Heard the learned counsel for the petitioners and the learned Additional Government Advocate for the respondent-State. 7. The alleged incidents in both the case and counter- case, which occurred on 25.12.2021 during the pre-wedding function, were not premeditated. They transpired in the spur of the moment, and the scuffle occurred in the heat of the moment, resulting in simple injuries. The wound certificate shows that the complainant had pain in the shoulder and lower back, but no external injuries were found, indicating that the complainant had not sustained any physical injuries. The parties involved are relatives, and the continuation of the criminal proceedings against each party would result in a miscarriage of justice rather than securing justice. Such continuation would also amount to an abuse of the process of law. Accordingly, I pass the following order: ORDER i) The Criminal Petitions are allowed. - 5 - NC: 2025:KHC-D:1867 CRL.P No. 102531 of 2022 C/W CRL.P No. 104308 of 2022 ii) The impugned proceedings in C.C.No.1035/2022 pending on the file of the Civil Judge and JMFC Court, Dandeli, insofar it relates to the petitioner herein in Crl.P.No.102531/2022 is hereby quashed. iii) The impugned proceedings in C.C.No.1037/2022 pending on the file of the Civil Judge and JMFC Court, Dandeli, insofar it relates to the petitioners-accused in Crl.P.No.104308/2022 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh