- 1 - NC: 2025:KHC-D:1437 CRL.P No. 102878 of 2023 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 25TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102878 OF 2023 (482(Cr.PC)/528(BNSS)) BETWEEN: VINOD S/O. SHANKARAGOUDA PATIL AGE. 41 YEARS, OCC. ADVOCATE, R/O. CTS NO. 904, RAMTEERTH NAGAR, BELAGAVI-590015. …PETITIONER (BY SRI. HARSHAWARDHAN M.PATIL, ADVOCATE) AND: 1. SOMALINGAPPA CHANNAPPA INGALAGI AGE. 73 YEARS, OCC. RETIRED JUDGE, R/O. PLOT NO. 860, RAMTEERTH NAGAR, BELAGAVI-590015. 2. THE SATE OF KARNTAKA BY MALAMARUTHI PS., R/BY THE STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD BENCH-590011. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R2; NOTICE TO R1 IS SERVED) THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.P.C. SEEKING TO QUASH THE CHARGE SHEET FILED BY THE RESPONDENT POLICE AND ENTIRE PROCEEDINGS IN CC NO.724/2023 FOR THE OFFENCES PUNISHABLE UNDER SECTION 323, 341, 504 AND 506 OF IPC ON THE FILE OF JMFC II COURT BELAGAVI. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: THE HON'BLE MR JUSTICE HEMANT CHANDANGOUDAR B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:26 +0530 - 2 - NC: 2025:KHC-D:1437 CRL.P No. 102878 of 2023 ORAL ORDER 1. The petitioner is sought to be prosecuted for offences punishable under Sections 506, 504, 323, and 324 of the Indian Penal Code (IPC). 2. The case of the prosecution is that the complainant, after removing the dry grass, lit a fire to dispose of the same. While the complainant was conversing with CWs.4 and 5, the petitioner allegedly picked up a quarrel, stating that the smoke emanating from the fire was entering the petitioner’s house. It is further alleged that the petitioner abused the complainant in filthy language, threatened him with dire consequences, and slapped him on the face. 3. Despite service of notice, respondent No. 2 (the complainant) has neither appeared in person nor through counsel and is, therefore, placed ex parte. 4. The alleged incident occurred on 16.5.2022, and the FIR was lodged on 19.5.2022. The incident appears to have arisen out of a trivial issue, with an exchange of words between the petitioner and respondent No. 2 in the heat of the moment. In the absence of any material to suggest that the incident was premeditated, the continuation of criminal proceedings would amount to an abuse of the process of law. ORDER i) The petition is allowed. - 3 - NC: 2025:KHC-D:1437 CRL.P No. 102878 of 2023 ii) The impugned proceedings In CC No.724/2023 pending on the file of the learned JMFC II Couert, Belagavi, stands quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE BKM Ct:vh List No.: 1 Sl No.: 16