- 1 - HC-KAR NC: 2025:KHC-D:18625 CRL.P No. 101624 of 2023 IN THE HIGH COURT OF KARNATAKA, AT DHARWAD DATED THIS THE 18TH DAY OF DECEMBER 2025 BEFORE THE HON'BLE MR. JUSTICE S.RACHAIAH CRIMINAL PETITION NO. 101624 OF 2023 (482(Cr.PC)/528(BNSS)-) BETWEEN: KAVERI W/O RAVI GANIGER, AGE: 33 YEARS, OCC: TEACHER, R/O: GANGANAGAR, NEAR BILAGI COLLEGE, HARUGERI- 591220, TQ: RAIBAG, DIST: BELAGAVI. …PETITIONER (BY SRI. A.S. PATIL, ADVOCATE) AND: 1. THE STATE OF KARNATAKA, REPRESENTED BY ITS STATE PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, DHARWAD- 580008, Digitally signed by SREEDHARAN BANGALORE SUSHMA LAKSHMI Location: High Court of Karnataka - 2 - HC-KAR NC: 2025:KHC-D:18625 CRL.P No. 101624 of 2023 THROUGH PSI KUDACHI POLICE STATION- 591311. 2. SMT. CHANDRAVVA TAYAPPA GANIGER, AGE: 31 YEARS, OCC: COOLIE, R/O: DHARMATTI PLOT VIDYANAGAR, HARUGERI, TQ: RAIBAG, DIST: BELAGAVI- 590001. …RESPONDENT (BY SRI. PRAVEEN Y. DEVARADDIYAVARA, HCGP FOR R1, SRI. JAGADISH PATIL, ADVOCATE FOR R2) THIS CRIMINAL PETITION IS FILED U/SEC. 482 OF CR.P.C. SEEKING TO QUASH THE COMPLAINT FILED BY THE COMPLAINANT AS PER ANNEXURE-A, THE IMPUGNED FIR AS PER ANNEXURE-B IN CRIME NO.224/2015 BEFORE KUDACHI POLICE STATION AND THE CONSEQUENTIAL PROCEEDINGS IN C.C. NO.876/2015 PENDING ON THE FILE OF ADDL. CIVIL JUDGE AND JMFC, RAIBAG FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 323, 324, 341, 354(B), 504, 506 R/W 149 OF IPC AS AGAINST THE PETITIONER/ACCUSED NO.6. AND ETC. THIS CRIMINAL PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - HC-KAR NC: 2025:KHC-D:18625 CRL.P No. 101624 of 2023 ORAL ORDER (PER: THE HON'BLE MR. JUSTICE S.RACHAIAH) 1. The petitioner / accused No.6 is before this Court seeking to quash entire proceedings in C.C.No.876/2015 pending on the file of the Additional Civil Judge and JMFC, Raibag, arising out of Crime No.224/2015 of respondent-police, for the offences under Sections 143, 147, 148, 323, 324, 341, 354(b), 504, 506 r/w 149 of Indian Penal Code (for short “IPC”). Brief facts of the case: 2. The case of the prosecution is that, a complaint came to be registered on 01.09.2015, stating that the complainant is the permanent resident of Vidyanagar, Harugeri, Raibag Taluk, Belagavi District. Her brother-in-law Mahadev married one Ashwini. The said Ashwini was quarreling with the said Mahadev frequently. In spite of repeated advice having been given to her by the elders and well- wishers, she was not willing to mend her ways. On 01.09.2015, at about 08.00 a.m., when the complainant along with others were going to coolie work, accused Nos.1 to 22, in furtherance of their common intention to commit murder, by holding lethal weapons in their hands, started assaulting the complainant and others. Chintamani has assaulted the complainant with knife on her left hand - 4 - HC-KAR NC: 2025:KHC-D:18625 CRL.P No. 101624 of 2023 and caused injuries. Ravi and Ashwini were assaulting the complainant and torn the saree of the complainant. Shantawwa was holding the tuff of the complainant, Indu, Kaveri, Seetharama and Shrimanth, all the members have assaulted her, kicked her. In such a way, all the accused have assaulted the complainant and others and caused injuries. Hence, the complaint. 3. Based on the complaint, the respondent - police have registered a case against the petitioner and others. After conducting the investigation, submitted the charge sheet. 4. Heard Sri. A.S. Patil, learned counsel for the petitioner, Sri. Praveen Y. Devareddiyavara, learned High Court Government Pleader for respondent No.1-State and Sri. Jagadish Patil, learned counsel for respondent No.2. 5. It is the submission of the learned counsel for the petitioner that the allegations made against the petitioner is baseless and bald. The petitioner is innocent of the alleged offences. She has been falsely implicated in this case only in order to harass her. 6. It is further submitted, even on reading the averments of the complaint, it discloses that four members including the present petitioner stated to have kicked and assaulted the complainant. - 5 - HC-KAR NC: 2025:KHC-D:18625 CRL.P No. 101624 of 2023 However, there is no specific overt act attributed against the petitioner. 7. It is further submitted that the petitioner is aged about 33 years and working as a Teacher and permanent resident of Harugeri, Raibag Taluk, Belagavi District. 8. It is further submitted that, even on reading the averments of the entire complaint, no prima facie case is made out against the petitioner. Even if the petitioner is allowed to face the trial, the chances of conviction are very bleak. Such being the fact, the proceedings against the petitioner may be quashed. More over, the petitioner is working as a Teacher. If the proceedings are continued, irreparable loss and hardship would be caused to the petitioner. Hence, the petition may be allowed and the entire proceedings as against the petitioner may be quashed. Making such submissions, learned counsel for the petitioner prays to allow the petition. 9. Per contra, learned High Court Government Pleader for the State vehemently submitted that prima facie all the 22 persons have assaulted the complainant and others and caused injuries to them. If the petition is allowed, certainly, it causes prejudice to the complainant and others. Therefore, it is not proper to quash the - 6 - HC-KAR NC: 2025:KHC-D:18625 CRL.P No. 101624 of 2023 proceedings. Making such submissions, learned High Court Government Pleader prays to reject the petition. 10. Learned counsel for the respondent No.2 adopted the submissions of learned High Court Government Pleader and prays to reject the petition. 11. Having heard learned counsel for the respective parties and on perusal of the averments of the complaint and also charge sheet, it would indicate that the accused No.1, namely, Ashwini married the brother-in-law of the complainant. She was not living properly with the brother-in-law of the complainant. There was frequent quarrel between the brother-in-law and the said Ashwini. The complainant being the elder of the family, had advised the said Ashwini to maintain harmonious relationship not only with the husband, but also with the members of the family. However, the said Ashwini was not happy about the said advice. Hence, it is stated that the complainant and others were assaulted. 12. The present petitioner, who is arraigned as accused No.6, the allegation made against her is that, she and others had assaulted the complainant. However, no specific overt act is attributed against the present petitioner in respect of the assault and insults etc., Having considered the said aspect, I am of the considered opinion - 7 - HC-KAR NC: 2025:KHC-D:18625 CRL.P No. 101624 of 2023 that, allowing the petitioner to face the trial, under such circumstances, would not serve any purpose. Therefore, in order to secure the ends of justice, it is appropriate to quash the proceedings. 13. Hence, I proceed to pass the following: ORDER (i) The Criminal Petition is allowed. (ii) The complaint as per Annexure-A, the impugned FIR as per Annexure-B in Crime No.224/2015 before the respondent – Police and the consequential proceedings in C.C.No.876/2015 pending on the file of the Additional Civil Judge and JMFC, Raibag, is hereby quashed. (iii) Liberty is reserved to the Trial Court to proceed against the other accused, in accordance with law. Sd/- (S.RACHAIAH) JUDGE Bss List No.: 1 Sl No.: 66