- 1 - NC: 2025:KHC-D:428 CRL.P No. 102532 of 2021 IN THE HIGH COURT OF KARNATAKA, DHARWAD BENCH DATED THIS THE 10TH DAY OF JANUARY, 2025 BEFORE THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR CRIMINAL PETITION NO. 102532 OF 2021 (482(CR.PC)/528(BNSS)) BETWEEN: 1. SRI. RAJASHEKHAR GUDIMANI S/O. SHARANAPPA, AGED ABOUT 44 YEARS RESIDING AT: SHIVANANDANAGARA VILLAGE, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA-583 224. 2. SRI. SHARANABASAVA S/O. SHIVAPUTRAPPA YETTINAMANI, AGED ABOUT 32 YEARS, RESIDING AT: SHIVANANDANAGARA VILLAGE, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA-583 224. 3. SRI. MANJUNATH S/O. HANUMANTHAPPA AGED ABOUT 24 YEARS, RESIDING AT: MUTUGANAHALLI VILLAGE, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA-583 224. 4. SRI. PAKKIRAPPA S/O. BHARAMAMMA, AGED ABOUT 26 YEARS, RESIDING AT: MUTUGANAHALLI VILLAGE, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA-583 224. Digitally signed by B K MAHENDRAKUMAR Location: HIGH COURT OF KARNATAKA DHARWAD BENCH Date: 2025.01.15 11:09:23 +0530 - 2 - NC: 2025:KHC-D:428 CRL.P No. 102532 of 2021 5. SRI. DODDABASAPPA K. S/O. NAGAPPA K., AGE: 44 YEARS, RESIDING AT: SHIVANANDANAGARA VILLAGE, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA-583 224. … PETITIONERS (BY SRI. BHADRAVADI SIDDESWARA, SRI. CHANDAN B.K., ADVOCATES) AND: 1. THE STATE OF KARNATAKA, BY: HAGARI BOMMANAHALLI POLICE STATION, REPRESENTED BY THE STATE PUBLIC PROSECUTOR, BALLARI DISTRICT, HIGH COURT BUILDINGS, DHARWAD-560 009. 2. SRI. SURYANARAYANARAJU S/O. SATYANARAYANARAJU, AGED ABOUT 46 YEARS, RESIDING AT: SHIVANANDANAGARA VILLAGE, HAGARIBOMMANAHALLI TALUK, VIJAYANAGARA-583 224. … RESPONDENTS (BY SRI. PRAVEENA Y. DEVAREDDIYAVARA, HCGP FOR R1; R2-SERVED) THIS CRIMINAL PETITION IS FILED U/S 482 OF CR.P.C., PRAYING TO QUASH THE CHARGE SHEET IN C.C. NO.578/2019 IN CRIME NO.158/2018 FOR THE OFFENCES PUNISHABLE U/S 506, 341, 504, 143, 149, 323, 147 OF IPC REGISTERED BY HAGARIBOMMANAHALLI POLICE STATION, BALLARI DISTRICT, PENDING ON THE FILE OF THE SR.C.J. AND JMFC, H.B. HALLI, AND ALL CONSEQUENT PROCEEDINGS. THIS PETITION IS COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: - 3 - NC: 2025:KHC-D:428 CRL.P No. 102532 of 2021 CORAM: THE HON'BLE MR. JUSTICE HEMANT CHANDANGOUDAR ORAL ORDER The petitioners, who are charged with offences punishable under Sections 506, 341, 504, 143, 149, 323, and 147 of IPC, are before this Court. 2. The prosecution’s case is that on 09.08.2018, while the complainant was near his farmland, the petitioners were fencing the land of another individual, and when the complainant questioned them, the petitioners abused him, assaulted him, and threatened him with dire consequences. The quarrel was pacified by bystanders. 3. Learned counsel for the petitioners contends that the eyewitnesses to the incident, including Suresh Raju (C.W.4), testified that the complainant assaulted petitioner No.1, but did not mention any assault by the petitioners on the complainant. The petitioners argue that a counter-complaint was filed by the complainant with malice after petitioner No.1 had filed an FIR against him. 4. The learned High Court Government Pleader for the State and the counsel for the complainant argued that the charge sheet discloses the commission of the offences and that the veracity of the allegations should be determined during trial. - 4 - NC: 2025:KHC-D:428 CRL.P No. 102532 of 2021 5. After hearing the learned counsel for the parties , the following is observed: • Petitioner No.1 lodged an FIR on 09.08.2018, alleging assault by the second respondent, and the police after investigation filed a charge sheet. • The second respondent filed a private complaint on 11.08.2018, claiming that he was threatened by the petitioners on 09.08.2018. • Eyewitnesses, in their statements, confirmed that the second respondent initiated the quarrel and assaulted petitioner No.1, but they did not support the claims of assault or threats by the petitioners. 6. It appears that the private complaint is filed with malice and as a countermeasure to the FIR lodged by petitioner No.1. Therefore, the continuation of criminal proceedings against the petitioners would be an abuse of process of law. 7. Hence, I pass the following: ORDER i) Accordingly, the criminal petition is allowed. ii) The criminal proceedings in C.C. No.578/2019 pending on the file of the Senior Civil Judge & JMFC, - 5 - NC: 2025:KHC-D:428 CRL.P No. 102532 of 2021 Hagaribommanahalli, insofar as it relates to the petitioner herein, is hereby quashed. Sd/- (HEMANT CHANDANGOUDAR) JUDGE KMS CT:BCK LIST NO.: 1 SL NO.: 61