- 1 - HC-KAR NC: 2025:KHC-D:7808 CRL.P No. 103593 of 2024 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 19TH DAY OF JUNE, 2025 BEFORE THE HON'BLE MR. JUSTICE VENKATESH NAIK T CRIMINAL PETITION NO.103593 OF 2024 (482 OF Cr.PC/528 OF BNSS) BETWEEN: ABDULKHADAR JILAN S/O. NOOR MAHAMAD, AGED ABOUT 38 YEARS, OCC: BUSINESS, R/O. WARD NO.14, MADEENA MANJIL, KGN BRICKS TEACHERS COLONY, HAGARIBOMMANAHALLI, TQ. HAGARIBOMMANAHALLI, DIST. VIJAYANAGARA 583 212. …PETITIONER (BY SRI SAJEED AKHIL TAMBOOLI, ADVOCATE) AND: 1. THE STATE OF KARNATAKA BY HOSAPETE TOWN P.S., TQ. HOSAPETE, DIST. BALLARI, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, HIGH COURT BUILDING, DHARWAD 580 011. Digitally signed by RAKESH S HARIHAR Location: High Court of Karnataka, Dharwad Bench - 2 - HC-KAR NC: 2025:KHC-D:7808 CRL.P No. 103593 of 2024 2. KUMARI. MABUNNI D/O. LATE K. S. JALEELSAB, AGED ABOUT 25 YEARS, OCC: TEACHER, R/O. WARD NO.11, MUSLIM PLOT, MARIYAMMANA HALLI, TQ. HOSAPETE, DIST. BALLARI 583 201. …RESPONDENTS (BY SRI ABHISHEK MALLIPATIL, H.C.G.P. , FOR R-1, & NOTICE TO R-2 IS HELD SUFFICIENT) * * * THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF THE CR.P.C. (528 OF THE BNSS, 2023), PRAYING TO QUASH THE ORDER DATED 10.08.2020 PASSED BY PRINCIPAL SENIOR CIVIL JUDGE AND J.M.F.C. JUDGE, HOSAPETE, IN C.C. NO.11 OF 2020, THEREBY TAKING COGNIZANCE FOR THE OFFENCES PUNISHABLE UNDER SECTIONS 498A, 323, 504, 506 AND 306 READ WITH SECTION 34 OF THE IPC, AFTER COMMITTAL, THE SAME IS NUMBERED AS S.C. NO.5054 OF 2021 PENDING ON THE FILE OF THE III ADDITIONAL DISTRICT AND SESSIONS COURT, HOSAPETE, AND QUASH ENTIRE PROCEEDINGS IN S.C. NO.5054 OF 2021 AND ALLOW THE CRIMINAL PETITION AS AGAINST THE PETITIONER/ACCUSED NO.10, IN THE INTEREST OF JUSTICE AND EQUITY. THIS CRIMINAL PETITION IS COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:7808 CRL.P No. 103593 of 2024 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE VENKATESH NAIK T) The petitioner/accused No.10 has filed this criminal petition under Section 482 of the Code of Criminal Procedure, 1973 (for short, 'Cr.P.C.') to quash the entire proceedings in Criminal Case No.11 of 2020 on the file of the Principal Senior Civil Judge and Judicial Magistrate First Class, Hosapete, now committed to the III Additional District and Sessions Court, Hosapete, in Sessions Case No.5054 of 2021, for the offences punishable under Sections 498A, 323, 504, 506 and 306 read with Section 34 of the Indian Penal Code, 1860 (for short, 'IPC'). 2. Brief facts of the prosecution case are as under: On 14.9.2011, Sumaiya (hereinafter referred to as deceased) was given in marriage to accused No.1 and accused Nos.2 to 4 are the relatives of accused No.1. They used to harass the deceased physically and mentally and hence, the deceased committed suicide on 27.05.2020. - 4 - HC-KAR NC: 2025:KHC-D:7808 CRL.P No. 103593 of 2024 Hence, the sister of the deceased lodged a complaint, which led to registration of First Information Report and investigation. 3. The Investigating Officer, after completion of investigation, filed the charge-sheet against the accused persons for the aforesaid offences. 4. Taking exception to the same, the petitioner has filed this petition. 5. Heard Sri Sajeed Akhil Tambooli, learned counsel for the petitioner, and Sri Abhishek Mallipatil, learned High Court Government Pleader for respondent No.1-State. 6. Learned counsel for the petitioner has contended that the petitioner is no where connected to the offence. The entire allegation is against accused No.1 and not against the petitioner. However, the contents of F.I.R., complaint and other investigation material show that the petitioner has been falsely implicated in this case with motive. Further, there is no material placed on record to - 5 - HC-KAR NC: 2025:KHC-D:7808 CRL.P No. 103593 of 2024 attract the alleged offence. The charge-sheet material does not disclose the commission of alleged offence. Hence, cognizance taken by the learned Magistrate is without any substance. Hence, he prayed to allow the petition. 7. Per contra, the learned High Court Government Pleader for respondent No.1-State has contended that the charge-sheet material clearly discloses the commission of the aforesaid offence and the veracity of allegations against the petitioner can be considered only after a full fledged trial. Moreover, the present petition has been filed at the stage, when the Court took cognizance and issued process, whereas the trial Court has framed charges against the accused persons and now, the matter is set down for trial before the trial Court. Once charge is framed, the petition under Section 482 of the Cr.P.C. is not maintainable. Hence, he prayed to reject the petition. 8. Perused the material available on record. The alleged offence took place on 27.05.2020 and the - 6 - HC-KAR NC: 2025:KHC-D:7808 CRL.P No. 103593 of 2024 complaint was lodged on 28.05.2020. As per the contents of the charge-sheet, the petitioner also abetted the deceased in commission of the offence, and hence, the deceased committed suicide. 9. Learned High Court Government Pleader contended that, now the trial Court has framed charges against the accused persons and the matter is set down for trial. This aspect is not disputed by the learned counsel for the petitioner. Therefore, framing of charges signifies that the Court after perusing the charge-sheet material believes that there are sufficient reasons to proceed with the trial. The Hon'ble Apex Court in several judgments held that, once the charges are framed and the matter is set down for trial, the Courts must slow in quashing the criminal proceedings under Section 482 of the Cr.P.C., or the Courts generally reluctant to interfere with the trial process, after charges are framed, unless there are exceptional circumstances. In this case, the - 7 - HC-KAR NC: 2025:KHC-D:7808 CRL.P No. 103593 of 2024 petitioner/accused No.10 has not shown any such exceptional circumstances so as to quash the entire proceedings against him. Further, in this case, the petitioner has disputed the question of fact. Therefore, this Court cannot dwell into disputed question of fact without exercising the jurisdiction under Section 482 of the Cr.P.C. The matter is set down for trial. There is no merit in this petition. Accordingly the petition is dismissed. Sd/- (VENKATESH NAIK T) JUDGE KVK List No.: 1 Sl No.: 40