- 1 - NC: 2025:KHC-D:1463 CRL.P No. 104041 of 2022 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. 104041 OF 2022 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. SRI. SACHIN S/O. ANNASO RODDA AGE. 44 YEARS, OCC. ADVOCATE/ AGRICULTURE, R/L. BORAGAON, TQ. NIPPANI, DIST. BELAGAVI. 2. SRI. SAMEER @ SUMIT S/O. RAVASOO RODDA AGE. 34 YEARS, OCC. AGRICULTURE, R/L. BORAGAON, TQ. NIPPANI, DIST. BELAGAVI. 3. SRI. SHREYAS S/O. MAVAVEER RODDA AGE. 23 YEARS, OCC. AGRICULTURE, R/L. BORAGAON, TQ. NIPPANI, DIST. BELAGAVI. …PETITIONERS (BY SRI. NEELENDRA D.GUNDE, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY SADALAGA POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD-580001. 2. SMT. SUSHMA W/O. VIJAY RODDA AGE. 42 YEARS, OCC. HOUSEWIFE, R/L. BORAGAON, NOW At BHOSE, TQ. MIRAJ, DIST. SANGLI, MAHARASHTRA. …RESPONDENTS (BY SRI. T.HANUMAREDDY, AGA FOR R1; NOTICE TO R2 IS SERVED) B K MAHENDRAKUMAR Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.29 15:27:28 +0530 - 2 - NC: 2025:KHC-D:1463 CRL.P No. 104041 of 2022 THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF CR.PC., SEEKING TO, QUASH ORDER DATED 12.09.2022 PASSED BY THE II ADDL CIVIL JUDGE AND JMFC CHIKODI IN CC NO. 2089/2022 THEREBY TAKING COGNIZANCE FOR THE OFFENCE PUNISHABLE UNDER SECTION 323, 354(B) 504 506 R/W 34 OF IPC AND ALLOW THE ABOVE CRIMINAL PETITION. 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 petitioners are charge-sheeted for offences punishable under Sections 323, 354(B), 504, and 506 read with Section 34 of the Indian Penal Code (IPC). 2. The case of the prosecution is that on 11.02.2022, the accused were allegedly found harvesting sugarcane on land claimed by the de facto complainant. When the complainant questioned their actions, the petitioners/accused allegedly abused her in filthy language, outraged her modesty, and assaulted her. 3. Heard the learned counsel for the petitioners, the learned Additional Government Advocate for the respondent-State, and the learned counsel for respondent No. 2. 4. The de facto complainant has filed a civil suit for declaration concerning the subject land, among other lands, before the jurisdictional Court at Ichalakaranji, Maharashtra. In that suit, the application for a permanent injunction filed by the complainant was rejected on the grounds that the petitioners are in possession - 3 - NC: 2025:KHC-D:1463 CRL.P No. 104041 of 2022 of the subject lands. The order rejecting the injunction application has attained finality. 5. Subsequently, respondent No. 2 lodged the FIR on 30.03.2022, alleging the incident that purportedly occurred on 11.02.2022, without providing any plausible explanation for the delay in filing the FIR. The dispute between the parties is purely civil in nature but has been given a criminal flavor. The FIR appears to have been lodged with an ulterior motive to wreak vengeance and with a revengeful intent. ORDER i. The Criminal Petition is allowed. ii. The impugned proceedings in C.C.No.2089/2022 pending on the file of the learned II Additional Civil Judge & JMFC, Chikodi registered by the Sadalaga Police Station, Belagavi District, insofar it relates to petitioners-accused Nos. 1 to 3 is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE HR Ct:vh List No.: 1 Sl No.: 48