- 1 - HC-KAR CNR: KAHC010109582023 NC: 2026:KHC:50051 CRL.P No. 1771 of 2023 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 11TH DAY OF SEPTEMBER, 2026 BEFORE THE HON'BLE MR. JUSTICE S VISHWAJITH SHETTY CRIMINAL PETITION NO. 1771 OF 2023 BETWEEN: 1. M.C. BEGAM W/O LATE KHASIM SAB AGED ABOUT 61 YEARS DOOR NO.274, HANIVAR BUILDING, IST FLOOR, 4TH CROSS, VINAYAKANAGAR, YELAHANKA, BENGALURU - 560 064. 2. CHANDUNISA @ MAHAMATAJA W/O SUBAN SAB AGED ABOUT 41 YEARS SHIVANAGA BUILDING HOUSE NEAR KSRTC BUS STAND SHIVAMOGGA - 577 201 . 3. SMT. SALLA W/O HARSHID AGED ABOUT 39 YEARS R/AT DODDAGATTA VILLAG CHANNAGIRI TALUK DAVANAGERE DISTRICT - 577 213. 4. HARSHID S/O LATE BUDEN SAB AGED ABOUT 43 YEARS R/AT DODDAGATTA VILLAGE CHANNGIRI TALUK DAVANAGERE DISTRICT - 577 213. …PETITIONERS (BY SRI S.G. RAJENDRA REDDY, ADV.) Digitally signed by NANDINI M S Location: HIGH COURT OF KARNATAKA - 2 - HC-KAR CNR: KAHC010109582023 NC: 2026:KHC:50051 CRL.P No. 1771 of 2023 AND: SMT. SONU @ SUHANA M H W/O LATE SUBAN K.M AGED ABOUT 30 YEARS R/AT DOOR NO.391/1 HUBBALLI CHOWDAPPARA GALLI NEAR NEW MASJID DAVANAGERE - 577 006. …RESPONDENTS (BY SRI RAHUL RAI K, HCGP FOR R-1; R-2 SERVED AND UNREPRESENTED) THIS CRL.P IS FILED U/S.482 CR.P.C PRAYING TO ALLOW THIS CRIMINAL PETITION AND QUASH THE ENTIRE PROCEEDINGS IN CRL.MISC.NO.580/2022 FILED U/SEC. 12 OF PROTECTION OF WOMEN FROM DOMESTIC VIOLENCE ACT, 2005, PENDING ON THE FILE OF IV ADDL. CIVIL JUDGE AND JMFC, DAVANAGERE. THIS PETITION, COMING ON FOR ORDERS, THIS DAY, ORDER WAS MADE THEREIN AS UNDER: CORAM: HON'BLE MR. JUSTICE S VISHWAJITH SHETTY ORAL ORDER 1. Petitioners, who are the in-laws of respondent are before this Court in this petition filed under Section 482 of Cr.P.C. with a prayer to quash the entire proceedings as against them in Crl.Misc.No.580/2022 pending before the Court of IV Addl. Civil Judge and JMFC, Davanagere, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as 'the Act of 2005' for short). - 3 - HC-KAR CNR: KAHC010109582023 NC: 2026:KHC:50051 CRL.P No. 1771 of 2023 2. Heard the learned counsel for the petitioners. Respondent, who is served in the matter has remained unrepresented before this Court. 3. Respondent herein had initiated proceedings against her husband and the petitioners herein under Section 12 of the Act of 2005 in Crl.Misc.No.580/2022 claiming various reliefs including maintenance and other monetary reliefs. Assailing the said proceedings, petitioners, who are the in-laws of respondent, have approached this Court in this petition. This Court vide order dated 04.08.2023 had stayed further proceedings in Crl.Misc.No.580/2022 and the said interim order is continued till date. However, respondent though served in the matter, has remained unrepresented before this Court. 4. Learned counsel for the petitioners has brought to the notice of this Court that subsequent to filing of Crl.Misc.No.580/2022, husband of respondent had committed suicide and therefore, FIR in Crime No.273/2022 was registered by Yelahanka Police Station, Benglauru, for the offences - 4 - HC-KAR CNR: KAHC010109582023 NC: 2026:KHC:50051 CRL.P No. 1771 of 2023 punishable under Sections 306 and 34 of IPC. Respondent herein is arraigned as accused No.1 in the said case. 5. Material on record would go to show that after the marriage of respondent herein was performed with respondent No.1 in Crl.Misc.No.580/2022, they were residing in Bengaluru, whereas the petitioners, who are the in-laws of the respondent are all residing separately and not with respondent No.1 - Subana in Crl. Misc.No.580/2022 and his wife. Considering the fact that allegation against petitioners herein is that they had instigated Subana to abuse and ill treat his wife, this Court had granted interim order in favour of petitioners. 6. A reading of the averments found in the petition filed under Section 12 of the Act of 2005, would go to show that allegation against the petitioners, who are the in-laws of respondent herein is about instigating her husband, who allegedly was ill-treating and torturing her in her matrimonial house. Respondent had left the company of her husband in the month of October 2021 itself and thereafter, had taken shelter in her parents house. The impugned proceedings has been - 5 - HC-KAR CNR: KAHC010109582023 NC: 2026:KHC:50051 CRL.P No. 1771 of 2023 initiated in the month of October, 2022 with allegation against her in-laws that they were the cause for ill-treatment and torture that was meted out on her in her matrimonial house by her husband. Since respondent has taken shelter in her parents house, the question of petitioners herein being restrained from causing any domestic violence as against the respondent does not arise. Monetary relief has been sought by the respondent as against her husband, who was working as an engineer in a private company in Bengaluru. Husband of the petitioner has now expired. Under the circumstances, the following order:- 7. The criminal petition is allowed. The entire proceedings in Crl.Misc.No.580/2022 pending before the Court of IV Addl. Civil Judge and JMFC, Davanagere, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, is hereby quashed as against petitioners. Sd/- (S VISHWAJITH SHETTY) JUDGE DN List No.: 2 Sl No.: 4