- 1 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 IN THE HIGH COURT OF KARNATAKA, KALABURAGI BENCH DATED THIS THE 09TH DAY OF JULY, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CRIMINAL PETITION No.200389 OF 2025 (482(Cr.PC)/528(BNSS)) BETWEEN: 1. KUDRAT KHAN S/O INAYAT KHAN PATHAN, AGE:24 YEARS, OCC: PETTY BUSINESS, R/O. BIRADAR COLONY, BASAVAKALYAN, DIST. BIDAR-585327. 2. INAYAT KHAN S/O KAREEM KHAN PATHAN, AGE: 70 YEARS, OCC: PETTY BUSINESS, R/O. BIRADAR COLONY, BASAVAKALYAN, DIST. BIDAR-585327. 3. ATHAR BEGUM W/O INAYAT KHAN PATHAN, AGE: 65 YEARS, OCC: HOUSEWIFE, R/O. BIRADAR COLONY, BASAVAKALYAN, DIST. BIDAR-585327. 4. YAHIYA KHAN S/O INAYAT KHAN PATHAN, AGE: 38 YEARS, OCC: PETTY BUSINESS, R/O. BIRADAR COLONY, BASAVAKALYAN, DIST. BIDAR-585327. …PETITIONERS (BY SRI. SACHIN M. MAHAJAN, ADVOCATE) Digitally signed by SUMITRA SHERIGAR Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 AND: 1. STATE OF KARNATAKA, BY BASAVAKALYAN TOWN PS, DIST. BIDAR-585327, REPRESENTED BY, THE SPECIAL PUBLIC PROSECUTOR, HIGH COURT OF KARNATAKA, KALABURAGI BENCH-585501. 2. SMT. SHEHNAZ BEGUM W/O KUDARAT KHAN D/O SYED KHURSHID, AGE: 22 YEARS, OCC: HOUSEWIFE, NOW AT R/O. VILLAGE AMEERABAD WADI, TQ. HUMNABAD, DIST. BIDAR-585330. …RESPONDENTS (BY SRI JAMADAR SHAHABUDDIN, HCGP FOR R1; SRI. SHARANAGOUDA V. PATIL, ADVOCATE FOR R2) THIS CRL.P IS FILED U/S. 528 OF BNSS (NEW) PRAYING TO ALLOW THE PRESENT PETITION AND QUASH THE PROCEEDINGS IN CC NO. 4398/2023 PENDING ON THE FILE OF THE LEARNED CIVIL JUDGE AND JMFC AT BASAVAKALYAN FOR THE ALLEGED OFFENCE PUNISHABLE UNDER SECTION 323, 149, 504, 498-A, 506 AND 34 OF INDIAN PENAL CODE, ARISING OUT OF CRIME NO.124/2023 OF BASAVAKALYAN TOWN POLICE STATION. THIS PETITION, COMING ON FOR ADMISSION, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE V SRISHANANDA - 3 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 ORAL ORDER (PER: HON'BLE MR. JUSTICE V SRISHANANDA) Heard Sri Sachin M. Mahajan, learned counsel for the petitioners, Sri Jamadar Shahabuddin, learned High Court Government Pleader and Sri Sharanagouda V. Patil, learned counsel for respondent No.2. 2. The present petition is filed under Section 482 of the Code of Criminal Procedure with the following prayer: “WHEREFORE, for the reasons stated above, it is prayed that this Hon’ble Court be pleased to allow the present petition and quash the proceedings in C.C.No.4398/2023 pending on the file of the learned Civil Judge and JMFC at Basavakalyan for the alleged offences punishable under Sections 323, 149, 504, 498A, 506 and 34 of Indian Penal Code, arising out of Crime No.124/2023 of Basavakalyan Town Police Station, in the interest of justice.” 3. Facts in a nutshell which are necessary for disposal of the present petition are as under: Respondent No.2 herein filed a complaint with Basava Kalyana Police Station which was registered in Crime No.124/2023 on 25.07.2023 for the offence punishable under - 4 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 Sections 323, 149, 504, 498A, 506 and 34 of Indian Penal Code. 4. Gist of the complaint averments would reveal that respondent No.2 got married to the petitioner No.1 on 13.11.2022 as per the Muslim rites and customs and at the time of marriage, the demands made by the husband’s family were met. 5. Two months therefrom, couple lived happy married life and thereafter, petitioners herein and other relatives started ill treating the second respondent by abusing her that she does not know how to cook and carry out house hold work. They also told her that she should leave the matrimonial home, and physically and mentally harassed her. 6. Respondent No.2 being unable to bear the torture, returned to her parental house. Thereafter, she was advised to join the matrimonial home again. So also, the petitioners and the family members were advised to look after her properly. 7. When matter stood thus, on 25.01.2023 at about 2.00 pm, there was a quarrel picked up by members of the - 5 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 husband’s family in the matrimonial home and all the petitioners and other FIR named accused persons abused the second respondent and assaulted her and gave her life threat. 8. Based on the complaint, police registered the case against the petitioners and others as aforesaid. After registering the case, thorough investigation was made and police filed the charge sheet against the petitioners herein and other persons. 9. The learned Trial Magistrate after receipt of charge sheet, took cognizance and registered the criminal case which is now pending in C.C.No.4398/2023 and proceeding with the case. 10. Petitioners herein challenged the action of taking cognizance and registering the criminal case and proceeding with the case on various grounds including the ground that petitioners Nos.2, 3 and 4 do not have any role in the alleged incident, inasmuch as, after proved period of staying in the matrimonial home with other petitioners, couple shifted themselves to Hyderabad and established a separate house and living there which is evident from the charge sheet material itself. - 6 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 11. Therefore, petitioner Nos.2 to 4 having not shared the common roof, continuation of the criminal proceedings against them is totally unwarranted and sought for allowing the petition. 12. Per contra, Sri Jamadar Shahabuddin, learned High Court Government Pleader and learned counsel for respondent No.2- Sri Sharanagouda V. Patil, support the registration of the criminal case and contend that grounds urged in the petition are evidentiary in nature and therefore, trial has to continue. 13. Having heard both sides, this Court perused the material on record, meticulously. 14. On such perusal of the material on record, it is crystal clear that petitioner Nos.2 to 4 did not share the common roof along with petitioner No.1 and respondent No.2. 15. The material on record placed in the form of charge sheet would be sufficient enough to hold that petitioner Nos.2 to 4 did not visit Hyderabad and harassed the second respondent. Omnibus and general allegations are made against petitioner Nos.2 to 4. - 7 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 16. When admittedly petitioner No.1 and respondent No.2 established a separate residence in Hyderabad which is the material collected by the Investigation Officer himself, continuation of the criminal proceedings against petitioner Nos. 2 to 4 based on omnibus and general allegations against petitioner Nos.2 to 4 would result in abuse of process of Court. 17. View of this Court is fortified by the principles of law enunciated by the Hon’ble Apex Court in the case of Kahkashan Kausar @ Sonam and others vs. State of Bihar and others reported in (2022)6 SCC 599. 18. Therefore, a case is made out by the petitioner Nos.2 to 4 to seek quashing of criminal case against them as it would amount to abuse of process of law. 19. Accordingly, in view of foregoing discussion, the following: ORDER (i) Petition is allowed in part. (ii) Petition is dismissed as against petitioner No.1. - 8 - HC-KAR NC: 2025:KHC-K:3753 CRL.P No. 200389 of 2025 (iii) Petition is allowed in respect of petitioner Nos.2 to 4 and pending criminal case in C.C.No.4398/2023 on the file of the Civil Judge and JMFC, Basava Kalyana, is hereby quashed insofar as petitioner Nos.2 to 4 are concerned. (iv) It is made clear that this Court has not expressed any opinion on the merits of the matter in respect of remaining accused persons. Sd/- (V SRISHANANDA) JUDGE kcm List No.: 1 Sl No.: 36 CT:PK